HomeMy WebLinkAboutContract 47130 (2)CVSY S&R2TA
CONTRACT NO.
TEXAS DEPARTMENT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
Y7/50
TxDOT CSJ No.: M1602ALNC
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 Alliance 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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OFFICIAL RECORD
CITY SECRETARY
FT. WORrH, 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, 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 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
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 seasonable 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.
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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
i. an Airport Fund shall be established by resolution, order or ordinance in the
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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 Aim. 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.
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.
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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. 1'he 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.
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:
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 fords appropriate. Where there is an
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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 TxllOT
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 noiuially 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
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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 adopt all statements, representations,
warranties, covenants, agreements, and all terms and conditions of this Grant.
Executed this /8A day of Sc�itt,nLcr , 20 i51e.
The City of Fort Worth, Texas
Sponsor
1dL 71r)
Witness Signature
Witness Title
Sponsor Signature
Assistant City Manager
Sponsor Title
Certificate of Attorney
L 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 at
Fort Worth
144, jiluo„,
Witness Signature
ofaya40b4,0ir
v. Witness Title
contract Authorisation
Date
Texas, this rt'a day of R9 YYtV)br , 20 15.
09/01/2015 Page 8 of 12
Of°,
Aft rney's Signature
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, 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:
Date:
David S. Fulton, Director
Aviation Division
Texas department of Transportation
a0/5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
09/01/2015 Page 9 of 12
•
Attachment A
Scope of Services
TxDOT CSJ No.:M1602ALNC
Eligible Scope Item:
GENERAL MAINTENANCE
Special Project
Special Project
Special Project
Special Project
Special Project
TOTAL
Estimated Costs
Amount A
$84,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$84,000.00
State Share
Amount B
$42,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$42,000.00
Sponsor Share
Amount C
$42,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$42,000.00
Accepted by: The City of Fort Worth, Texas
Title:
Date:
Signature
Assistant City Manager
9Ae
GENERAL MAINTENANCE: As needed, Sponsor may 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.
OFFICIAL RECORD
CITY SECRETARY
e=T. WORTH, TX
09/01/2015 Page 10 of 12
CERTIFICATION OF AIRPORT FUND
TxDOT CSJ No.: M1602ALNC
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)
en-v
By:
7-sa/14444do ell
Title: Assistant City Manager
Date: 9A8h5
Certification of State Single Audit Requirements
1, 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.
09/01/2015 Page 11 of 12
Signature
Assistant City Manager
Title
Date
1
OFFICIAL RECORD
CITY SECRETARY
y T. WORTH, TX
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT CSJ Number: M1602ALNC
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.
By:
Title:
Date:
DESIGNATED REPRESENTATIVE
Mailing Address:
3951 Lincoln Avenue
Fort Worth, Texas 76106
Overnight Mailing Address:
Same as above
The City of Fort Worth, Texas
(Sponsor)
ise444444•410
�h
Assistant City Manager
9118 Ase
•
Telephone/Fax Number: P: (817)392-5400/(817)392-5413
Email address: billwelstead(fo
•
orthtexas.qov, shannon.davis@fortworthtexas.gov
OFFICIAL itiaCORD
CITY SECRETARY
g• WORTH, TX
09/01/2015
Page 12 of 12
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. 21829-08-2015
DATE: 8/18/2015 REFERENCE NO.: **G-18533 LOG NAME: 55AFWRAMP2016
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth
Alliance Airport from the Texas Department of Transportation, Aviation Division, if Offered,
in the Amount of$50,000.00, Accept Contribution from Alliance Air Services in the Amount
of$50,000.00 for the City's Grant Match and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Alliance
Airport from the Texas Department of Transportation, Aviation Division, in the amount of$50,000.00;
2. Authorize the acceptance of the contribution from Alliance Air Services in the amount of
$50,000.00 for the City's match; and
3. Adopt the attached appropriation ordinance increasing 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 and contribution from Alliance Air Services.
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 at Fort Worth Alliance Airport (Alliance
Airport)with a total eligibility amount of$100,000.00. This grant requires a 50 percent match of
eligible project costs or up to the amount of$50,000.00, whichever is less. Alliance Air Services, the
company that manages Alliance Airport, will reimburse the City of Fort Worth for 50 percent of eligible
costs or up to the amount of$50,000.00, whichever is less.
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.
Alliance Airport is located in COUNCIL DISTRICT 7, Mapsco 7G, 7L and 7Q.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21296&councildate=8/18/2015 10/16/2015
M&C Review Page 2 of 2
The Financial Management Services Director certifies that upon approval of the above
recommendations, and adoption of the attached appropriation ordinance, funds will be available in
the current operating budget, as appropriated, of the Airport Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 451942 055XXXXXX000 $50,000.00
GR14 488385 055XXXXXX000 $50,000.00
GR14 539120 055XXXXXX010 $100,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: William Welstead (5402)
Additional Information Contact: Anne-Marie Stowe (5415)
ATTACHMENTS
55AFWAMP2016 GR14 AO.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21296&councildate=8/18/2015 10/16/2015