HomeMy WebLinkAboutContract 44861 (2)_ , S ._ . � '.^ �. ' �� .,
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TEXA5 DEPARTMENT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT NIAINTENANCE PROGRAM
(State Assisted Airport Routine Mainteuance)
TYDOT Pi�oject No.: AM 2014SPNK
TxDOT CSJ No.: M1402SPNK
Part I- Identification of the Project
TO:
FROM:
The City of Fort Wortli, Texas
The State of Texas, acting tluoubh the Texas Deparhnent of Trausportation
This Graut is made bet«reen the Texas Department of Transportatiou, (hereiriafter
referred to as the "State"), on Uehalf of the State of Texas, and the City of Fort Worth, Texas,
(hereivafter referred to as the "Spousor").
This Graut Agreement is entered into bett�Teen the State and Sponsor shown above, wider
the authority granted and in coiupliance u�ith the provisions of the Transportation Code Chapter 21.
The project is for airport maintenauce at the Fort Worth Spinks Aiiport.
Part II- Offer of Financial Assistance
1. For the puiposes of this Grant, the annual routine inaintenance project. cost, Ailiouut A, is
estimated as fotmd on Attacluiient A, Scope of Services, attached hereto and made a part
of this grant a�reement.
State finaucial assistance granted will be t�sed solely and exclusively for airport
maiutenance and other incidental items as approved by the State. Actual �vork to be
perfornied tuider this agreemeut is fotmd ou Attachment A, Scope of Seivices. State
financial asslstance, Ai�otuit B, will Ue far fifty percent (50%) of the eligible project
costs for tlus �roject or �50,000.00, whichever is less, per fiscal year and subject to
availability of state appropriations.
Scope of SenTices, Attaclunent A, of this Grant, ivay be amended, subject to availability
of state funds, to include additional approved airport maiirtenance work. Scope
auieudments require submittal of an Aiiiended Scope of Services, Attachinent A.
Seivices ��cTill not. be accoinplished by the State until receipt of Sponsor's share of project
costs. _,
Atiigust 30, 2013
Page 1 of 12
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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, 2014, 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. Ail locally contracted work must be
approved by the State for scope and reasonable cost. Reimbursement requests for locaily
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.
August 30, 2013 Page 2 of 12
The State ��Till not participate in fuuding for force account work conducteci by the
Sponsor.
6. T`his Gralit shali terminate upou completioll of the scope of services.
Part III - Sponsor Responsibilities
1. I�i accepting tlus Grant, if applicable, the Sponsor guarantees that:
a. it will, ill the operation of the facility, comply with all applicable state and federal
lav,Ts, i�ules, regulations, procedures, covenallts and. assurances required by the
State in conuection ��Tith tlus Grant; and
b. ihe Airpoi�t or navigational facilit.y which is the subject of this Graut shall Ue
controlled by the Sponsor for a period of at least 20 years; and
c. consistent ���ith safety and sect�rity requirenieuts, it shall make the airport or air
navigational facility at�ailable to all types, kinds and classes of aeronautical t�se
«�ithout discrimination between such types, lcinds and classes alid shall provide
�dequate public access diuing the period of this Grant; and
d. it shall not grallt or peruut anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an aiiport landing area. Aeronautical activit.ies
ii�clude, but are nat lilnited to schedt�led airline flights, chai�ter flights, flight
iilstruction, aircraft. sales, rental and repair, sale of aviation petroleum products
and aerial applicaiions. The landing area consists of run���ays or landing -strips,
taxiways, parlcing aproi�s, roads, airpoz�t ligliting aud navigatioi�al aids; aild
e. it shall not enter into any agreeinent nor periiiit any aircraft to gain direct grou�d
access to tlie sponsor's airport fioiil private praperty adjacent to or in tlie
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to privaie property. Sponsor shall be subject to this prollibition,
commonly knowli as a"tlirough-the-fence operation," iuiless an exception is
granted iu writing by the State due to ext�eme circiullstauces; and
f. it shall not periuit noYi-aeronautical use of airport facilities without prior approiTal
of the State; a�d
g. the Spolisor shall submit. to the State anrival statements of aiiport revenues and
expenses when requested; and
h. all fees collected for the use of the aiiport shall be reasonable and
nondiscriininatory. The proceeds froin such fees shall be used solely for tl�e
de�relopment, operation and maintenance of the aiipori or navigational facility;
and
i. an Airport Fund shall be established by resolution, order or ordinance in the
August 30, 2013 Page 3 of I2
treasuiy of the Sponsor, or evidence of the prior creatioli of an existing airport
fund or a properly execirteci copy of the resolutiou, order, or ordi�ance creating
such a fimd, shail be subinitted to ti�e State. The fund may be an account as part of
ariotlier fund, but must be accounted for iu such a rilaimer that all revenues,
expenses, retained earuings, and balauces in the accotmt are discernible fro111
other types of moneys idelitified in the fund as a�vhole. All fees, charges, rents,
and money froin any sot�rce derived froln airport. operatious inust. be deposited iiz
the Airport. Fund and shall not be diverted to the general revenue fund or any
other revenue fiuid of the Sponsor. All expendit.ures froii� the Airport Fund shall
be solely for aiipoi�t ptuposes. Sponsor shall be ineligible for a subsequeiit grant
or loan by tlie State unless, prior to such subsequent appro�Tal of a grant or loan,
Sponsor has coinplied witli the requireiuents of this subparagraph; aiid
j. the Spousor shall operate nuiway lightiug at least at low iuteusity fi-oin suilset io
sunrise; and
k. insofar as it is reasonable and �vithiu its power, Sponsor shall adopt and enforce
zoning regulatious to restrict the heiglit of siruct�ires and use of land adjacent to or
in the immediate ��icinity of the airport to heights and activities compatible «�ith
norlual airport operations as provided in Tex. Loc. Govt. Code Arm. Sections
241.00I et seq. (Vei�non 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 spoilsor can show that acquisition and retentioii of such interest
will be impractical or v�Till result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
suUsequent. approval of a grant or loaii, adopted and passed � aiiport hazard
zoning or�inan�e or orcier approved by the State.
l. mo��7iug seivices �vill not be eligible for state financial assistance. Sponsor will
be responsible for 100°/u of any mowing seivices.
2. The Sponsor, to t1�e extent of its legal autharity to do so, shall save harmless tIie State, the
State's agents, eliiployees or contractors froin all claims and liability due to acti�Tities of
the Sponsor, the Sponsor's agents or eiuployees performed tmder this agreei�ent`. The
Sponsor, to the extent of its legal authorit.y to do so, shall also save harn�less the State, the
State's agents, employees or contractors fiom any and all expenses, including attoi7iey
fees which migl�t be incuiieci by the State in litigation or other«�ise resisting claiin or
liabilities t��hich iuight be iiuposed on the State as the result of those activities by the
Spousor, the Spollsor's agents or employees.
3. The Sponsor's acceptance of tliis Offer and ratification aud adoption of this Grant shall be
evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a
contract, consiiiuting the obligations and rights of the State of Texas a�id the Sponsor
with respect to the accomplislunent of the pioject and the operation a�d maintenance of
the aiiport.
August 30, 2013 Page 4 of 12
If it becomes unreasonable or impractical to complete the project, the State may �•oid this
agreeiuent and release the Spousor from any further obligation of �roject costs.
4. Upon entering into this Gr�ut, Spo�sor agrees to name an individual, as the �ponsor's
Authorized Represen�ative, who sha11 be the State's contact «�ith regard to this project.
The Representative shall receive all correspondeuce and docuiuents associated ���ith this
grani and shall make or shall acquire approvals and disappF-ovals for this grant as required
on behalf of the Sponsor, �ld coordinaie scliedule for worlc items as required.
5. By the acceptance of grant fimds for the ivaintenance of eligible airport buildinbs, the
Sponsor certi�es that the buildin�s are ov�nied by tlie Sponsor. The buildings may be
leased but if tlie lease agreernent specifies that the lessee is responsible for the upkeep
and �e�airs of the buildiug no state funds shall be used for that puipose.
6. Sponsor shall request reilnbursement of eli�ible project costs on for7ns provided by the
State. All reilnbursement requests are required to include a copy of the invaices for the
materials or services. The reimbt�rsement request i��ill be subinitted 1io more thau once a
1noi�th.
7. The Sponsor's acceptalice of this Agreement shall coiiiprise a Grant Agreement, �s
provided by the Transpartation Code, Chapter 21, consiituting the contrachial obligations
and rights of the State of Texas and the Spolisor with respect to the accolnplishment of
the aiiport maintenance and compliance �vith the assi�rances aud conditions as provided.
Such Grant Agreement shall become effective upon the State's written Notice to Proceed
issued following execution of t}iis agreement.
PART IV - Nonunation of the Agent
l. The Sponsor desiguates the State as the party to receive and disburse all fuuds used, or to
be used, in payinent of the costs of the project., or in reimbursement to either of the
parties for costs inct�rred.
2. The State shall, for all purposes in connection with the project ideiitified above, be the
Agent of the Sponsor. The Spousor grants the State a po���er of attoi7ley to act as it's agent
to perfol7n ihe following services:.
a. accept, receive, and deposit ��ith the State any and all project fiuids gr�lted,
allo«ed, and paid or made available by tlie Spousor, the State of Texas, or any
other entity;
b. enter into contracts as necessary for execution of scope of sei-�7ices;
c. if State enters into a contract as Ageiit: exercise supervision and direction of the
project u�ork as the State reasonably finds appropriate. Wliere there is an
August 30, 2013 Page 5 of 12
irreconcilable c.onflict or difference of opinion, judgiiient, order or directiou
betvveen the State and the Sponsor or any service provider, tlie State shall issue a
written order ti�vhich shall prevail and be controlling;
d. receive, review, approve and pay invoices aud payment requests for services and
materials supplied iu accordance with the State approved contracts;
e. obtain an audit as may be required by state regulations; the State Auditor inay
conduct aii audit or iiivestigation of any entity receiving fimds froiu TxDOT
directly under this contract or indirectly through a subcontract under tlus contract.
Acceptance of fiuids directly under tliis contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the State
A�iditor, under the direction of the legislative audit committee, to conduct an audit
or investigation in connection with those fiinds. Aiz eutity that is the subject of asi
audit or investigatio� must pro�=ide the state auditor with access to a�y
inforination the state auditor considers relevant to the investigation or a�idit.
f. reiinburse sponsor for approvecl cont�act maintenance costs uo more than ouce a
luonth.
PART V - Recitals
1. This Grant is executed for ihe sole benefit of the contractiub parties and is uot inteuded or
executed for tl�e 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
inainteuance, and that any state financial assistance offered under this grant be in addition
to those Iocal fiuids normally dedicated for airport maintenance.
3. This Grarit is subject to the applicable provisions of the Transportation Code, Chapters 21
and 22, and the Aiiport Zoning Act, Tex. Loc. Govt. Code Aiui. Sections 241.001 et seq.
(Venion and Vei7ion Supp.). Faihue to coniply with the teznls of this Grant or with the
rliles and stahites shall be considereci a breach of this contract and ���ill 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 conciitions of
this Grant. If, hotvever, after all reasonable attempts to require compliance have
failed, the State finds that the Sponsor is un«rilling and/or unable ta coinply ��Tith
any of the terms of this Graiit, the State, inay pursue any of the folloz�Ting
remedies: (1) require a refimd of any firiancial assistance moiiey expended
pursuant to tlus Grant, (2) deny Sponsor's future requests for aid, (3) request the
Attoniey General to bring suit seeking reimburseinent of any fivancial assistance
money expended on the project pursuant to this Grant, provided ho��ever, tliese
remedies shall not lilnit tlie State's authority to enforce its n�les, regulat.ions or
August 30, 2013
Page 6 of 12
.
. _ _ . __ _ _
orc�ers as otherwise provided by la«�, (4) declare this Grant m�ll and voici, or (5)
auy other remedy available �t law or in equity.
b. Venue for resolution by a court of coulpetent jurisdiction of any dispute arising
under the terius of this Grant, or for enforcement of any of the provisions of this
Grant, is specifically set by Grant of the parties in Travis Cotulty, Texas.
4. The State reseives the right to amend or �vithdra�v this Grant at an5r tiine prior to
acceptance by the Sponsor. The acceptance period cailnot be �reater than 3Q days after
issuauce unless extended by the State.
5. This Grant constit.utes the full and total i.ulderstandiug of the parties concerning tlieir
rights and responsibilities in regard �o this project and shall liat be modified, �riended,
resciuded or revoked unless su.ch modi�cation, amendment, rescission or revocation is
agreed to by both parties in «-riting and executed by both parties.
G. All couunitments by ti�e Spollsor and the State are subject to constihitional and stahitory
limitations and restrictions binc�ing upoll the Spousor and the State (including Sections 5
a�id 7 of Article 11 of the Texas Constit�itioli, if applicable) and t.o fhe availability of
fiuids ��Thich la���fully may be applied.
August 30, 2013 Page 7 of 12
Part VI - Acceptances
Sponsor
The City of Fort Worth, Texas, does ratify and adopt all statements, representatious,
��arraiities, covenants, agreeinents, and all tenns and conditions of this Grant.
Executed this V day of September , 2p 13.
The Citv of Fort Worth, Texas
.
%
ituess Signature
�c�LJyIU'� �`
Wit�iess Title
Assistant City Manager
Sponsor Title
Certificate of Attorney
I Chariene Sanders , acting as attoruey for the Cit�T of Foi�t Worth, TeYas, do
certify that I have fiilly exaiuined the Grant and the proceedings t�ken by the Sponsor relating to
the acceptance of the Grant, and find that the manner of acceptance and e�ecution of the Gr�t
by the Sponsor, is in accordauce ��rith the I1ws of the State of Texas.
Dated at FOCt WOCth , Texas, this lJ� � day of September , 2013.
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Augt�st 3Q 201 � Page � of 12 '; �g �j��'�'�� �'�
Sponsor Si�at��re _
Attorney's Signature
Acceptance of the State
Executed Uy and approved for the Texas Transportation Commission for� the ptu-pose and effect
of activating and/or cariyiug out the orders, established policies or «�ork prograius and grants
heretofore approved and authorized by the Texas Transportation Conuiiission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
I:
David S. �=ulton, Director
���iation Division
�exas �eC��rimeni_ ne Tir�nsportation ,
Date:
'd �/ 3
August 30, 2013 Page 9 of 12
Attachment A
Scope of Services
TxDOT CSJ �To.: NI1402SP\TK
Eligible Scope Items: Estimated Costs State Share Spousor Share
Amount A Anzount B Amount C
GENERAL n•ZAINTEI��4NCE $9b,280_00 �48,140.00 $48,140.00
SPECIAL PROJECT $0.00 �0_00 $0.�0
SPECIAL PROJECT $0.00 �0.00 $0.00
SPECIAL PRQJECT $0.00 �0.00 $0.00
MISC - AWOS Mainteuance 53,720.00 $1,860.00 $1,860.00
Total $100,000.00 $50,000.00 $50,000.00
Signature
Tit1e: Assistant City Manager
Date: y/S / /,
Notes: (explanations of any specifications or variauces as needed for above scope items)
MISCELLANEOUS: ThDOT to contract for AWOS maiiitenance, Sponsor to contract for
AWOS AviMet Data Link, AWOS repairs/parts replacement.
GENERAL MAINTENANCE: As needed, S�onsor inav cont�act for sen�ic.es/purchase
materials for routine mainten�tnce/improveinent of aiiport �aveinents, si�nl�e, draina�e,
approach aids, li�hting systeins, utility infrasnucture, fencinQ, herbicide/application, sponsor
o���ned and operated fiiel systeins, han�ars, buildin�s. terminal buildin�s and securitv systeins:
professional sen%ices for enviromnental coinpliauce, approved proiect desian. Special �roiects to
be detennined and added bv ainendinent.
Only work items as described in Attachment A, Scope of Sei•��ices of this Grant are
reimbursable under this graut.
August 30, 201 � Page 10 of 12
Accepted by: The Citv of Foi�i Worth. Texas
CERTIFICATIOv OF �IRPORT FUND
TaDOT CSJ No
M 1402SPNK
The City of Fort Worth does certify that an Airport Ftuid has been established for the Sponsor,
and that all fees, charges, rents, aiid uiouey from any source deri�=ed from airport operations «�ill
be deposited for the benefit of the Airport Fund aud will not be diverted for otller general
reveuue fuud expendittu-es or any other special fimd of the Sponsor aud that all expenditures
from the Fund will be solely for aiiport pl�rposes. The fund may be an account as part of viother
fund, but iuust be accounted for in such a mamier that all revenues, expenses, retained earnings,
and balances in tlle account are disc.ernible from other types of inoneys identified in the fiuld as a
whole.
The Citv of Fort Worth, TeYas
(Sponsor)
: `I •
Tit1e: Assistant City Manager
Date: S�/S�//3
State of Texas Single Audit Requirements
I, Fernando Costa
do certify that the City of Fort Worth ���ill comply with all
(Designated Representative)
requirements of the State of Texas Single Audit Act if the City of Fort Worth spends or receives
inore than $500,000 in an�� fiinding sotuces during this fiscal SJear. And in following those
requireiuents, the Ciry of Fort Worth will subinit the report to the audit division of the Texas
Departinent of Trans�ortation. If yot�r entity did not meet the threshold of $�00,000.00 in grant
expenditures, please submit a letter indicating that your entity is not required to have � State
Single Audit perfoi7ned for the most recent audited fiscal year.
Signature
Assistant City Manager
Title
I,
Date
,�ugust 30, 2Q1 �
Page 11 of 12
DESIGN�TION OF SPO�SOR'S ALTTHORIZED REPRESE�TTATIVE
TxDOT CSJ Nuinber: M1402SPNI�
The City of Fort Worth designates, W�Iliam Weistead, Aviation Director
(Name, Title)
as the Sponsor's authorized representative, ���ho shall receive all correspondence and docuinents
associated ��rith this grant wd who shall make or shall acquire approvals wd disapprovals for
tliis b ant as required on behalf of the Sponsor.
By:
Title: Assistant City Manager
�.
DESIGl�T ATED REPRESENTATIVE
'� i3
Mailing Address:
4201 North Main Street, Suite 200
Fort Worth, Texas 76106
O<<ernight Mailing Address:
.��- _ .�• -
Telephone/Fax Number:
P: 817-392-5400 / F: 817-392-5413
Einail address:
August 30, 201 �
billwelstead@fortworthtexas.gov
Page 12 af 12
The City of Fort Worth, Texas