HomeMy WebLinkAboutContract 44860 (2)i +' -!` 1
TEXAS DEPARTI�NT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT NIAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
TaDOT Project No.: AM 2014ALNC
TxDOT CSJ No.: M1402ALNC
Part I- Identification of the Project
TO:
FROM
The City of Fort Wortli, Texas
The State of Texas, acting tlirough the Texas Deparhnent of Ti��sportatiou
This Grant is made bet«�een the Texas Department of Transportatioli, (hereinafter
referred to as the "State"), on behalf o.f the State of TeYas, and the City of Fort Worth, Texas,
(hereinafter referred to as the "Spousor").
Tlus Gra�it Agreement is entered into bett�een the State aud Sponsor sho«�n above, under
the autharity granted and in compliance with the provisions of the Transportation Code Chapter 21.
The project is for airport mainteizance at the Fort Worth Alliance Airport.
Part II- Offer of Fivanci�l Assistance
l. For the puiposes of this Grant, the aiuival routine inaiutenance project cost, Alnount A, is
estimated as fotuld on Attaclmient A, Scope of Services, attached hereto and made a part
of this gr�nt agreeinent.
State financial assistance grarlted will be used solely and exclusi�rely for airport
maintenance and other incidental items as approved by the State. Actual work to be
performed tmder this agreemellt is fotmd on Attacliment A, Scope of Sen-ices. State
financial assistance, Aiuount B, �vill be for fifty percent (50%) of the eligible project
costs for tlus �roject or $50,000.00, v��hichever is less, per fiscal year and subject to
availability of state appropriations. �
Scope of Seivices, Attacluilent A, of this Grant, may be amended, subject to availability
of state funds, to IllCIL1CIe additional approved airport maiiltenance uTorlc. Scope
amendments require submittal of an Aiuend.ed Scope of Services, Attachment A.
Seivices «�ill not be accomplishe by the State until receipt of Spousor's sha�e of project
costs.
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Page 1 of 12
��'����A�. 6dECORD
�1i� �L��R��dY
i�y'�b ,�--�p'h�i�'�g � ,
�-:EC�i���� 2� ��Ai�
Only work items as described in Attachment A, Scope of Ser��ices of this Grant are
reimbursable uncter this grant.
Worlc shall be accoiuplished by August 31, 2014, tuiless otherwise appro�Ted by the Sfate.
2. The State shall determine fair and eligible project costs for �vork sco�e. Sponsor's share
of estimated project costs, Ainoimt C, shall Ue as found on Attaclunent A and any
ainendments.
It is mutually understood and agreed that if, during the terin of this agreeineut, the State
deterniines that there is au ovemul in the estimated aniuial routiue maintenance costs, the
State may increase the grant to cover the ainotult of the ovemui �vithin tlie above stated
percentages and sub,�ect io the ii�aximum amount of state fiinding.
T1ie State will not authorize expendit�ues in excess of the dollar amounts identified in ti�is
Agreement and any allzendments, without the consent of the Spousor.
3. Sponsor, by accepting t]�is Grant certifies and, upou 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 auciit any books and records of the 5ponsor to verify expended funds.
Upon executiou of this Agreeinelit and ��ritten demand by the State, the Sponsor's
financial oblibation (Ainount C) shall Ue due in casli aiid payable iu full to tlie State.
State may request ttie Sponsar's financial obligation in partial payuients. Should the
Sponsor fail to pay their obligation, either in whole or in part, witliin 30 days. of ivritten
deinand, the State may exercise iis rights tmder Paragraph V-3. Likewise, should the
Siate be un��Tilling or imable to pay its o�ligation in a iiinely znauner, the faih�re to pay
sliall Ue considered a breach and the Sponsor iliay exercise any rights and remedies it has
at law or equity.
The State shall reimburse or credit the Sponsor, ai the financial closure of the project, any
excess fuuds provided by the Sponsor wI�ich exceed Spousor's share (Amouut C).
4. The Sponsor specificaIly agrees th�t it shall pay auy project costs which eYceed the
aulouut of financial participation agreed to by the State. It is fiuther agreed that the
Sponsor wili reimbtuse t1�e State for any paymellt or payinents m�de by the State «�hich
are iu excess of the percentage of financial assistance (Amount B) as stated in Paragraph
II-1.
5. Scope of Services inay be accomplisl�ed by State contracts or throi�gh local contracts of
the Sponsor as determined appropriate by the State. All locally contracted t�ork inust be
approved by the State for scope and reasonable cost. Reimbursement requests for locally
contracted work shall be submitted on forms provided by tlie State and shall include
copies of the invoices for materials or sereices. Payiiient shall be inade for no more than
50°l0 of allov��able charges. -
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The Stafe «�iil not participate in funding for force account work conducteci by the
Sponsor.
6.
T'his Grant shall terminate upon completion of the scope of services.
Part III - S�onsor Responsibilities
1
In accepting tlus Grant, if applicable, the 5pousor g�iarantees that:
a. it will, in the operatioli of the facility, coinply ���ith all applicable state and federal
la«Ts, i�ules, regulations, �rocedures, covenants and assurances required by the
State in comiection «Jith this Grant; and
b. the Airport or navigational facility which is the subject of tllis Grant shall be
controlled by the Sponsor for a period of at least 2� years; alld
c. consistent with safety and sectu-iry requireinents, it sh�ll m�ke the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
��cTithout discrimination bet��Teen such ty�es, kinds aud classes and shall provide
adequate public access during the period of this Grant; a�d
d. it sliall llot grant or perliut anyone to exercise an exclusive right for tlie conduct of
aeronautical activity on or about an aiiport landing area. Aeronautical activities
include, but are nat liinited to scl�eduled airline flights, charter fliglits, flight
insti-�zction, aircraft sales, rental and repair, sale of aviation petroleum products
aud aerial applications. Tlie laiiding area consists of runways or landing strips,
taxiways, parlcing aprons, roads, airp��-� lighti�g and navigational aids; and
e. it sliall not enter into a�y agreement nor perinit any aircraft to gain direct grouud
access to the sponsor's airport from pritiTate property adjacent io or izi the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
grounci access to privaie property. Sponsor shall be suvject to this prolubitiou,
commonly known as a"tluough-the-fence operation;" tuiless an exception is
gralited iu writing by the State due to eYtreme circumstances; anci
f.
it shall not periuit uon-aeroliautical use of airport facilities without prior approval
of the State; ancl
g. the �ponsor shall subiilit to the State anuual stateinents of aiiport revenues and
expenses when requested; and
h. all fees collected for
nondiscriinivatary. The
development, operation
aud
i.
the use of the aiiport shall be reasonable and
proceeds from such fees shall be used solely for the
and maiiltenance of the aiiport or navigational facility;
an Airport Fund shall be established by resohition, 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 executeci copy of the resolutiou, order, or ordina�ce creating
such a fimd, shall be submitted to the State. The fund may be au account as part of
another fund, but must be accounted for in such a ri7lu�er that all revenues,
expenses, retained earuings, alld balances iu the accouut are discernible frolil
other types of inoneys identified in the fulid as a whole. All fees, charges, rents,
and money froiil any sot�rce derived fi•om airport. operations inust. be deposited in
the Airport. Fund and shall not be divei�ted to the general revenue fiuid or any
other revenue fiu�d of the Sponsor. All expeuditures from tlie Aiiport Fund shall
be solely for aii-�ort ptuposes. Sponsor shall be ineligible for a subsequent graiit
or loan by the State unless, prior to such subsequent approval of a grant or loan,
Sponsor has cornplied witli the requirements of this subparagraph; and
j. ihe Sponsor shall operate nwway lighting at leasi at low intensity from sunset to
sunrise; and
k. insofar as it is reasonable aud withiu its power, Sponsor shall adopt a�d enforce
zoning regulatious to restrict the height of stiuctures and use of land adjacent to or
iu the immediate vicinity of the airport to heights and activities coulpatible i��ith
noiival airport operations as provided in Tex. Loc. Govt. Code Ann. Sections
241.001 et seq. (Vei7lou and Vernou Supp.). Sponsor sllall also acquire �nd retain
aviation easernents or other property interests in or rights to use of 13nd or
airspace, unless sponsor can show that acquisitiou and retention of such interest
��7i11 be in7practical or v�rill result in undue hardship ta Sponsor. Sponsor sliall 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 aiiport hazard
zoning ordinance or order approved by the State.
l. mo«�ing seivices �vill not be eligible for state finaucial assistance. Spousor will
be responsible for 100% of any mowing seivices.
2. The Sponsor, to the extent of ifs legal authority to do so, shall save hai7uless the State, the
State's agents, employees or couri-actors from all claiins and liabilit.y due to activities af
the Sponsor, the Sponsor's agents or eiuployees performed imder this agreeiuent. The
Sponsor, to tlie extent of its legal authorit.y to do so, shall also save hai�mless the State, the
State's agents, employees ar colltractors from any and all eYpenses, includiug attoniey
fees which might be incurreci by the State in litigation or othei���ise resisting claim or
lialiilities «-l�ich might be iiilposed on the State as the result of those activities by the
Sponsor, the Sponsor's ageuts or employees.
3. The Spolisor's acceptance of ihis Offer and ratification and adoptiou of this Grant shall be
e�=idenced by execution of this Grant by the Sponsor. The Grant shall coinprise a
coniract, constituting the obligations and rights of the State of Texas aud the Sponsor
witli respect to tlie accomplislunent. of the project and the operation aud maintenance of
the aiipart.
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Page 4 of I2
_ _ . . .
_ __. _
_ __ _
ff it becomes um-easonable or iinpractical to complete the proj ect, tlze State may void this
agreement and release the Sponsor from any furtller obligation of project costs.
4. Upon entering into this Grant, Spousor agrees to naine an inc�ividual; �s the Sponsor's
Authorized Representative, who shall be, the State's contact i��ith regard to this project.
11ie Representative shall receive all correspondence ancl documents associated with this
grant and shall make or shall acc�uire approvals and disapprovals for this grant as required
on behalf of the Sponsor, aud coordinate schedule for worlc items as required.
5. By the acceptance of grant fiinds for the maintenai�ce of eligible aiiport buildings, the
Sponsor certifies that the buildings are o��med by the Sponsor. The buildings inay be
leased but if the lease agreeinent specifies that the lessee is respousible for the upkeep
and re�airs of the building no state funds sliall be used for tl�at puipose.
C. Sponsor shall request reimbursement of eligible project costs on foi7iis provided by t.he
State. All reimbursement requests �tre required to include a copy of the i1i�Toices for the
materials or services. The reilubursement request «�ill be submitted no more than once a
lY1011t�l.
7. The Sponsor's acceptalice of this Agreement shall coiilprise a Grant Agreement, as
provided by the Trallsportation Code, Chapter 21, constitutiug the contrachial obligations
wd rights of the State of Texas and the Sponsor with respect to the accoiuplishiuent of
the aiiport maintenance alld compliance with the assurances a�id conditions as provided.
Such Grant Agreement shall become effective upon the State's written Notice to Proceed.
issued following execution of this agreement.
P4RT IV - Nonunation of the Agent
1. The Sponsor desi�iates the State as the party to receive arid disburse all funds used, or to
be used, in payment of the costs of the project, or iu reimbi�rsenlent to either of the
parties for costs iuct�rred.
2. The State shall, for all ptu�poses in comiection �vith the project identified above, be the
Agent of the Sponsor. The 5ponsor grants the State a pou�er of attoi-�iey to act as its agent
to perfonii the following services:
a. accept, receive, and deposit with the State any and all projeci fiinds granted,
allo�ved, and paid or made a�=ailable by the Sponsor, the State of Texas, or any
other entify;
b. enter inta 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 i�Jork as the State reasonably finds appropriate. Where there is an
09/O1/2014 Page 5 of 12
irreconcilable conflict or difference of opinioll, judgment, order or direction
between the State and the Sponsor or any service provider, the State shall issue a
written order ��Thich shall prev�til alid be colitrolling;
d. receive, review, approve and pay invoices and payinent requests for services and
materials supplied iu accordlnce with the State appro�Ted contracts;
e. obtain an audit as lnay be required by state regulaiions; the State Auditor may
conduct an audit or inves%igation of any entity receiviug fiuids from TxDOT
directly under this contract or indirectly through a subcontract under this coiltract.
Acceptance of fiuids directly under this contract or indirectly tlirough a
subcontract under this contract acts as acceptance of the authority of the State
Auditor, under the direction of the legislative audit committee, to canduct au audit
or in�jestigation in connection witli those fiuids. Aii entity that is the subject. of an
audit or investigatiou must pro��ide the state auditor with access to any
information the state auditor considers relevant to the investigatiou or audit.
f. reimUurse sponsor for a�provecl contract maintenazice costs no ruore than once a
month.
PART V - Recitals
1. This Grant is executed for the sole benefit of the cotitractiiig parties and is not intended or
executed for the direct or incidental benefit of any ihird party.
2. It is the intent of this grant to not supplant. local funds norinally utilized for aitport
mai�tenance, and that any state financial assistance offered under this grant be in addition
to those.local fimds normally dedicatad for airport maintena��ce.
3. This Gra11t is subject to the applicable provisions of t1�e Transportation Code, Cha�ters 21
and 22, and the Aiiport Zouing Act, Tex. Loc. Govt. Code A�i. Sections 241.001 et seq.
(Venion and Vernon Supp.). Faihu�e to coniply with the terms of this Grant or with the
niles and stat�ites shall be considered a breach of this coYitract and will allow the State to
pursue the relnedies for breach as stated velow.
a.
09lO 1/2014
Of primary importauce to the State is compliance with tl�e terms and conditions of
tliis Grant. If, however, after all reasonable attempts to require compliance have
failed, the State finds that the Sponsor is un��rilling and/or unable to comply «�iih
auy of the terms of this Grant, the State, inay pursue any of the follo��ing
remedies: (1) require a refimd of any finaiicial assistance money expended
pursuaut to this Grant, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seelcing reimbursemeut of auy financial assistance
money expended ozi the project pursuant to tliis Grant, provided however, tliese
reinedies shall not limit tlie State`s autharity to enforce its ililes, regulat.ions or
Page 6 of 12
orciers as otherwise provided by law, (4) cieclare this Grant riull and voici, or (5)
any other remedy av�ilable at law or in equity.
b. Venue for resolutioli by a court of competent jurisdiction of aliy dispute arising
under the terms of this Grant, or for enforceinent of any of the pro�•isions of this
Grant, is specifically set by Grant of the parties in Travis Coiuity, Texas.
4. The State resei�=es the right to ainend or withdraw this Grant. at any time prior to
acceptance by the Sponsor. The acceptance period caiiuot be greater than 30 days after
issuance unless extended by the State.
5. This Grant constit�ites the fiill aud total uiiderstanding of the parties coiicerlling their
rights and responsiUilities in regard to this project az�d shall not be modified, �nended,
rescinded or revoked unless such inodification, ainendulent, rescissioil or revocatioir is
agreed to by both parties in «�riting and executed by both parties.
6. All conunitmeuts by the Sponsor and the State are subject to constihitional and stahitory
limitatioiis aud restrictious binciing upon the Spousor and tl�e State (including Sections 5
and 7 of Article 11 of the Texas Constitution, if applicable) and to the a��ailability of
fiuids ���hich lawfully ivay be applied.
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Part VI - Acceptances
Sgonsor
The City of Fort �Torth, Texas, does ratify and adopt all statements, representations,
ti��arranties, covenants, agreements, and all tenns and conditions of this Grant.
Executed this J� day of September
itness Siguature
/
v� E
Wihless Title
2013
The Citv of Fort Worth, Texas
Assistant City Manager
Sponsor Title
Certificate of Attorney
I Charlene Sanders , actiug as attoniey for the Cit�� of Fort Worth, Texas, do
certify that I have fiilly exainined the Graut and the proceedings taken by the Sponsor relatiug to
the acceptance of the Grant, and find that the ivanner of acceptance 1nd execution of the Grant
by the Sponsor, is in accordance «�ith the laws of the State of Texas.
Dated at Fort Worth
, �% �
�. Witness iguature
G� _
��,G' 1 : �
.r
Witness �itle
w a�_...s.,..8 4...a r� _ �
Texas, this _� day of September , 20 13
�C`rl� '��.i
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09lO1/2014 Page 8 of 12
/� �
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a.
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Sponsor Signari�re
Attorney's Signature
Acceptance of the State
Executed by and approved for the TeYas Transportation Conunission for the purpose and effect
of activating and/or� cariyill� out the orders, established policies or ���orlc prograius and granrs
heretofore approved and authorized by the Texas Trausportation Conunission.
STATE OF TEXAS
TEXAS DEPARTR�ENT OF TRANSPORTATION
By:
�avi� 5. Fulton, Director
�viation Division
�e>c�s �e���nient ni Transportatir�r�
Date:
��/3
_ ---�
09/012014 Page 9 of 12
Attachment A
Scope of Services
TxDOT CSJ `To.: NI1402ALNC
Eligible Scope Iteu�s: Estimated Costs State Share Sponsor Share
�mount A �mount B Amowit C
GENERAI, �Z�INTENANCE $100,000.00 $50,000.00 ��0,000.00
11-�ISCELLANEOUS $0.00 $0.00 $0.00
SPECIAL PROJECT $0.00 $0.00 $0.00
SPECIAL PROJECT $0.00 $0.00 $0.00
SPECI�L PROJECT $0.00 $0.00 $0.00
Total $100,000.00 $50,000.00 �50,000.00
Accepted Uy: The City of Fort Warth, Te�as
�. � _. _.
Signat��re
Tit1e: Assistant City Manager
Date: 9�S
Notes: (e�planations of any specificatious or variances as needed for above scope iteins)
GENERAL MAINTENANCE: As needed. Sponsor inay contract for services/�urchase
materials for routine mainteriance/im�rovement of airport pa�Tements, si�lage, draina�e,
abpraach aids, li�htin� systems_ utilitv infrastructure, fencin�. herbicide/ap�lication, sponsor
oi��ned and operated fuel systems, han�ars, buildin�s, terminal buildin�s and securit� st�
professional seivices for enviroumental compliance, ap rp oved project desi�n. Special proiects to
be deterniined and added by aulendiiient.
Only �`�ork items as described in Attachment A, Scope of Sei•vices of this Grant are
reimbursable under this grant.
09%O1!2014 PaQe 10 of 12
CERTIFICATION OF AIRPORT FU\D
TxDOT CSJ No.:
M 1402ALNC
The City of Fart ��orth does certify that an Airpor[ Fund has been established for the Sponsor,
and that all fees, char�es, rents, and money froui auy source derived from airport operations ��cTill
be deposited for the benefit of the Airport Fund and will not be diverted for other general
re��enue fund expendittires or any other speci�l fiuid of the Sponsor and thlt all expendiri�res
from the Ftmd will be solely for aiiport ptuposes. The fund may be an account �s part of luother
fiand, but rnust be accounted for in such a maiuier that all revenues, e�penses, retained elrnings,
and balances in the account are discei7iible from other types of moneys identified in the fi�nd 1s �
���hole.
T'he Citv of Fort Worth, Texas
(Sponsor)
• `� / i � _.�, �
Title: Assistant City Manager
%3
State of TeYas Single Audit Requirements
I Fernando Costa
,
do certify that the City of Fort Worth ��ill cotnply with all
(Designated Rel�resentative)
requirements of the State of Texas Single Audit Act if the City of Fort Worth spends or receives
inore than $500,000 in an}J funding sotuces during this fiscal year. And in following those
requiretnents, the Ciiy of Fort Worth will submit the report to the audit division of the Teaas
Depart�neni of Trausportltion. If yot�r entity did not ineet the threshold of $500,000.00 in grant
expenditw�es, please subruit a letter indicating that your entity is not required to have a State
Single Audit perfonned for the inost recent auclited fiscal year.
Si�ah�re
Assistant City Manager
Title
/3
Date
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DESIGNATION OF SPONSOR'S AUTHORIZED REPRESE\TTATIVE
T�DOT CSJ Number. M1402ALNC
The City of Fort Worth designates,
William Welstead, Aviation Director
(Name, Title)
as the Sponsor's authorized representative, who shall recei��e all corres�ondence aud docuiuents
associated «�ith this grant �uld who shall inake or shall lcquire appro��als vid clisapprovals for
this b ant as required on behllf of the Sponsor.
By:
Title
Date:
DESIGNATED REPRESEl�TTATIVE
Mailiug
4201 North Main Street, Suite 200
Fort Worth, Texas 76106
O�-ernight Mailing Address:
Same as above
Telephone/F1x Nuinber:
P: 817-392-5400 / F: 817-392-5413
Email address:
bil Iwelstead@fortworthtexas.gov
Assistant City Manager
%3
09i01/2014 Paee 12 of 12
The Cit�� of Fort Woi�th, Texas