HomeMy WebLinkAboutContract 44862 (2)y ��
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TEXAS DEPARTI�NT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT 11ZAINTENANCE PROGRAM
(State Assistecl Airport Routine DZaintenance)
T�DOT Project 1Vo.: An'I 2014MECH
TxDOT CSJ No.: M1402�TECH
Part I- Identification of the Project
TO:
FROM:
The City of Fort WorEh, Texas
The State of Texas, actiug tluough tlie Texas Deparnuent of Ti�ansportation
This Grant is luade bet«�een [lie Texas Deparhnent of Transportation, (hereinafter
referred to as the "State"), on behalf of the State of TeYas, and the City of Fort Worth, Texas,
(hereivafter referred to as the "Sponsor").
Tlus Grant Agreement is entered into bett��een the State and Sponsor sho«�n above, wider
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 Meachai7i International
Airport.
�'art � - OffE-r oi �'ina�iciai Assistat�ce
1. For tlie ptuposes of this Grant, the aimual routine maintenance project cost, Amount A, is
estimated as found on Attacluuent A, Scope of Services, attached hereto aud made a part
of this grallt agreement.
State fina�icial assistance granted will be used solely aud exclusi��ely for airport
maintenance and other incidental items as approi�ed by the State. Actual work to be
performed under tlus agreeinent is found on Attacluuent A, Scope of Services. State
financial assistance, Amount B, ��=ill be for fifty percent (50%} of the eligiUle project
costs for this project or �50,000.00, wluchever is less, per fiscal year and subjeck to
availability of state appropriations.
Scope of Services, Attachment A, of tliis Grant, iiiay be ainended, subject to availability
of state fimds, to include additional approved aiiport maintenance �szork. Scope
amendments reqiure submittal of an Amended Scope of Sei��ices, Attachment A.
Seivices will not be accomplished by the State until receipt. of Sponsor's share of project
costs.
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Only F�rork ite�us as described in Attachment A, Scope of 5ervices of this Grant are
reimbursable under this grant.
Work shall be accomplished by August 31, 2014, unless otheitivise approved by the State.
2. The State shall deterinine fair and eligible project costs for worlc scope. Sponsor's share
of estiinated project costs, Amount C, shall be as found on Attacl�tnent A and any
a�nendments.
It is liiut�ially tuiderstood and agreed that if, during the term of tlus agre�inent, the State
determilies that there is all o��eriun ill the estimated alulual routine maintenalice costs, the
State n�ay increase the g�-ant to cover tlie amount of tlae ovemul vaithii� the abave stated
percentages and subject to the maxirnulii ainotuit of state fiuiding.
The State «�ill uot authorize expenditures i� excess of the dollar amounfs identified in this
Agreeiuent and auy amendiuents, �vithout the consent of the Sponsor.
3. Sponsor, by acceptiug this Grant certifies and, upon request, shall fiunish proof to the
State that it. has sufficieut fiiuds to ineet 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 tliis Agreement and written demand by the State, the Sponsor's
fivancial obligation (Amotuit C} sliall be due in cash and payable in fiill to the State.
State may request the Sponsor's financial obligation iu parGial payments. Should the
Sponsor fail to pay their obligation, eitlier in whole or in pai-t, within 30 days of v�nit.ten
demand, tl�e 5iate �nay exercise its rights under Paragrap� V-3. Likewise, should the
State be tmwilling or uuable to pay iis obligation in a tiinely m�ner, the failure to pay
shall be considered a breach and the Sponsor may exercise any rights aiid. remedies it has
at la�T or equity.
111e State shall reiinburse or credit the Sponsor, at the financial closure of the �roject, a�y
excess funds provided by the Spolisor «�hich exceed Sponsor's share (Amount C).
4. The _Spousor specifically agrees that it shall pay 3ny project costs i�c�hich exceed �lie
amount of financial participation agreed to Uy the State. It is further agreed that the
Sponsor ��vill reiuiburse the State for any payiuent or payments made by the State whicl�
are in excess of the percentage of financial assistance (Amotult B) as stated in Para�raph
II-1.
5. Scope of Seivices may be accomplished by State contracts or through local contracts of
the Sponsor as determined appropriate by the State. All locally contracted ��Tork i�iust be
approved by the State for scope and reasonable cost. Reimbursement requests for locally
contracted work shall be subinitted on forins provided by the State and shall include
copies of tlie invoices for materials or services. Payment shall be made for no mare than
50% of allo��able cliarges.
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The State will not participate in furiding for . force account «Tork conducted by the
Sponsor.
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This Grant shall teriuinate upou completion of the scope of se1-��ices.
Part III - Sponsor Responsibilities
1
In accept.ing this Gr�t, if applicable, the Sponsor guarantees that:
a. it will, in the operation of the facility, comply with all applicable state and federal
la���s, rules, regulations, procedtues, covenants and assurances required by the
State in connection with this Grant; ai�d
b. the Airport or navigational facility which is the subject of this Gra�t sha11 be
controlled by the Spousor for a period of at least 20 years; and
c. consistent with safety and security reqlurements, it shall make the airport or air
na�Tigational facility ai�ailable to all types, kinds aild classes of aeronautical use
without discriiuinatiou between such types, kinds and classes and shall provide
adequate public access dt�ring the period of this Graut; and
d. it shall not brant or pennit anyone to exercise a�l exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeroilautical aceivities
inchide, but are not liinited t.o scheduled airline fli�hts, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleuiil products
and aerial applications. T?�e landing are� consists of i�unways or landing strips,
taxiways, parking aprons, roads, aiiport. lighting and navigational aids; aiid
e. it shall not enter into any agreeiilent nor pernut any aircra$ to gain direct ground
access to the sponsor`s air�ort fiom private property adjacent to or in the
il�nediate area of the airport. Further, Sponsor shall uot allo��c� aircraft direct
grouud access to private property. 5ponsor shall Ue s�tbject to this prohibition,
con�nouly kuo«jn as a"through-the-fence operation," unless all exceptiou is
gra�ited 'u1 �vritiiig by the State dzte to extreme circumstances; and
f.
it shall not permit non-aeronautical use of airport facilities «�ithout prior approval
of the State; and
g. the Sponsor shall submit to the State anllual statemeuts of airport revem�es and
expeuses wheu requested; and
h. all fees collected for ihe use
nondiscrimivatory. The proceeds
developnieut, operatioil and maint
and
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of tlie airport shall be reasonable and
from such fees shall be used solely for the
:nance of the airport or navigational facility;
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i. an Airport Fund shall be estlUlished by resolution, order or orciinance in tl�e
treasury of the Sponsor, or e��idence of the prior creation of an existillg airport
func� or a properly executed copy of the resolution, order, or ordinance creating
such a fund, shall be subnutted to the State. Tlie fund may be an accoiult as part of
another fund, but must be accounted for iu such a manner that all re�Teuues,
expenses, retained earnings, a�ld balances iu the account are discenlible from
other types of moneys identified in the fimd as a���hole. All fees, charges, rents,
and money froin any sow•ce derived from airport operations inust be deposited in
tlie Airport Fund and shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. All expendit��res frolil the Airport Fund shall
be solely for airport puiposes. Sponsor shall be ineligible for a subsec�uent grant
or loan by the State unless, prior to such subseqt�ent. approval of a grant or loan,
Sponsor has coinpiied with the requirements of this subparagraph; and
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the Sponsor shall operate run�v�y lighting at Ieast at low iutensity fiom sunset to
sullrise; ancl
k. insofar as it is reasonable and «Tithiu its poti��er, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of laud adjacent to or
in the iminediate vicinity of the aiiport. to heights and activities com�atible witli
narmal airport operations as provided in Te�. Loc. Govt. Code Auv. Sections
241.001 et seq. (Vernon anct Veruon Supp.). SponsoY� shall also acquire and retaiu
aviation easements or other property iiiterests in or rights to use of land or
airspace, unless sponsor can shouT tliat acquisition a�id retentiou of such interest
t��ill be impractical or ��ill result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by tlie State unless S�onsor has, prior to
suLseqaent ap�rovat of a grant c,r loan, a�iopted and passed an airport hazard
zoning ordinaiice or order approved by tlie State:
1. mo�villg services u�ill iiat Ue eligible for state financial assistance. Sponsor will
be responsiUle for 100% of any mowing seivices.
2. The Spousor, to the extent of its legal aiithority to do so, shall save harinless the State, the
State's agents, employees or contractors from all clairus and liability due to activities of
the Sponsor, the Sponsor's agents or einployees perforiiied uuder this a�neeinent. The
Sponsor, to the extellt of its legal autharity to do so, shall also save I�armless tl�e State, the
State's agents, euiployees or contractors from any and all expenses, including attorney
fees which inight be inct�rred by the State iu litigation or otherwise resisiing claiul or
liabilities whicli inight be ilnposed on tlie State as ihe result of those activities by the
Sponsor, the Sponsor's agents or eiiiployees.
3. T}ie Sponsor's acceptance of this Offer and rati�cation and adoption of this Grant shall be
evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a
contract, constituting the oblibations and rights of the State of Texas and the Sponsor
��ith respect to the accoinplislunent of ihe project and the operation and �naintenance of
the airport.
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If it becomes unreasonable or impractical to complete the proj ect, the State may void this
a�eemelit aud release the Sponsor fiom any fiu•ther obligation of project costs.
4. Upon eritering into this Grant, Sponsor agrees to nalue an individual, as the Sponsor's
AutIiorized Representati��e, «Tho shall be the State's contact with regard to this project.
The Representative shall receive a11 correspondeiice and doctuilents 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 iteills as required.
5. By the accept�lce of gralit fimds far the maiutenance of eligiUle aiipoit buildings, the
Sponsor cei�tifies that the buildings are o�vned by the Sponsor. The buildings may be
leased but if the lease agreement specifies that the lessee is responsiUle for the �;plceep
azid repaii-s of the building no state fimds sliall be used for that ptupose.
6. Sponsor shall request reimbursement of eligible project costs on forins provided by the
State. All reimbursement requests are reqiiired to iliclude a copy of the invoices for the
mate�-ials or services. The reimbursement request will be suGmitteci �io rnore than once a
nionth.
7. 71ie Sponsor's acceptance of this Agreerneut shall comprise a Grant Agreeinent, as
provided by the Tra�isportation Code, Chapter 2I, constituting the contractual obligatioizs
and rights of the State of Texas and the Sponsor with respect to the accomplishulent of
the airport maintenance alid coinpliance vc�th 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 N- vomivation of the Agent
1. T'he Sponsor designates the State as the party to receive and disbtuse all funds used, or to
be used, in paymeut of the costs of the project, or iu reimbi�rsement to either of the
parties for costs incurred.
2. The State shall, for all ptu-poses in co�ection witi� the project identified above, be the
Agent of fhe Sponsor. The Sponsor grants the State a power of attorney to act as its a�ent
to perform the follot��ing services:
a.
b.
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accept, receive, and deposit witli the State any and all project funds granted,
allov�Ted, and paid or made available by the Sponsor, the State of Texas, or any
other entity;
enter into contxacts as iaecessary for execution of scope of services;
if State enters into a conn�act as Agent: exercise supei�Jision and direction of the
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project �vork as the State reasouably finds appropriate. Where there is an
irrecoucilabie conflict or difference of opinion, judgment, order or direction
Uettiveen the Siate and the Sponsor or any seiwice provider, tlie State shall issue �
«jritteu order ���luch shall prevail and be controlling;
d. receitTe, revie«�, appro��e a�id pay invoices aud payment requests for services and
materials supplied iu accordance «�ith 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 recei�rin; funds fi-om TxDOT
directly under this contract or indirectly through a subcontraci uiider this contract.
Acceptance of funds directly twd.er this contract or indirectly through a
subco�t�•act u�der this contract acts as acceptance of tlle authority of the 5tate
Auditar, tmder the direction of tlie legislative audit coininittee, to coiiduct an audit
or investigation in counectiou with those funds. An entity that is the subject of an
audit or investigation iiii�st provide the state auditor ���ith lccess to any
infor7nation the state auditor consiciers relevaut fo the investigation or audit.
f. reimburse spolisor for appro�red contract maintenance costs uo inore tl�an once a
month.
PART V - Recitals
1. This Grant is execuied for the sole benefit of the contracting parties and is not intended or
exec�ate� for tli� direct or incidental ben�fit of any third part.y.
2. It is the iutent of this brant. to i�ot supplant local fiinds norinally utilized for aiiport
inailitenance, and that any state financial assistance offered under tliis grant be ii� addition
to those local fiuids normaIly dedicated for airport iizaiutena�ce.
3. This Grant is subject to the a�plicable provisions of the Transportatiou Code, Chapters 21
and 22, and the Airport Zonilig Act, Tex. Loc. Govt. Code Ann. Sectious 241.001 et seq.
(Vernou and Vernon Supp.). Failure to coiilply with the terms of this Grant or with the
rules and statutes shall be considered a breach of this contract aud will alloti�� tl�e State to
ptusue the remedies for breach as stated below.
a. Of primary iiiiportance to the State is compliance ��ith tlie tei-�ns and conditions of
tl�is Grant. If, however, after all reasonable atteinpts to require cornpliance have
failed, the Staie finds that the Sponsor is unwilling and/or unable to comply with
any of the tenns of this Grant, the State, may pursue atiy of the followiilg
remedies: (1) require a refund of any financial assistance money expended
pursuant to this Grant, (2} den�� Sponsor's fiiture requests for aid, (3) request the
Attorney General to bring suit seeking reiinbt�rsement of any financial assistance
money expended on the project pt�rsuant to this Grant, pro�7ided however, these
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reinedies shall not liinit the State's authority to eiiforce its rules, regulations or
orders as otherwise provided by law, (4) declare this Grwt null and ��oid, or (5)
any other remedy a��ailable at la«� or iu equity.
b. Venue for resohition by a court of coinpetent jurisdiction of any dispute arising
imder tl�e ter7ils of this Graut, or for enforcement of any of the provisious of tlus
Grant, is specifically set by Grant of ihe parties in Travis Gomity, Texas.
4. The State reserves the right to amend or ��ithdraw this Grant ai any tiine prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State.
5. This Graiit. const.itutes tlie fiill an� total understanding of tl�e �art�es conceruing their
rights and responsibilities in regard to this project and sl�all not be modified, ainended,
rescinded or revoked unless such modification, ameudineut, rescission or re��ocation is
agreed to by both parties in writing and executed Uy both parties.
G. AlI comiuitmeli�s by the Sponsor and tlie State are subject to constitutional and statutory
liulitations and restrictions binding upon the Spousor and the State (iricluding Sectioils 5
auc� 7 of Article 11 of the Texas Constihition, if applicable) and to the availability of
funcis whicli lawfully inay be applied.
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Part VI - Acceptances
Sponsor
T`lie City of Fort Worth, Texas, does ratify and adopt all statements, representatious,
warranties, covenants, agreeinents, and all terms and conditions of this Grant.
Executed this Vr day of September 2013.
,
�
itness Si�iature
��
Wihiess Title
The Citv of Fort Warth, Texas
S onsor
� ��
Sponsor Sib ah�re
Assistant City Manager
Sponsor Title
Certificate of Attorney
I Charlene Sanders , acting as attor7iey for the Cit�� of Foi�t Worth, TeYas, do
certifj� that I have fiilly exainined the Grant and the proceedings tlken by the Sponsor relating to
the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant
b_y the Sponsor, is in accordance ���ith the laws of die State of Texas.
FOrt WOrth �=
D1ted at , Texas, this � day of September , 20 � 3.
, /�
W
s Sigi�ature
i_�'��__, ;,
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CI'Px SECRETARY
09i01/2014 Page 4 uf 12 I��', VypRg�19 ��
Acceptance of the State
Executed by and 3pproved far the Texas Trausportation Couunission for the purpose aud effeck
of activating and/or carrying out the orders, established policies or work prograius and grants
heretofore approz%ed anci authorized by the Texas Tralisportation Conuilission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
:
David �. Fulton, Directo�
Aviation �ivision
�ex�s �e�a�r'�m�n� r�f Transportatior�
Date:
/fl �P� /..3
09%O1/2014 Page 9 of 12
Attachment A
Scope of Services
T�OT CSJ \Ta.: M1402NIECH
Eligible Scope Iteins: Estimated Costs State Share Sponsor Share
Amount A �mouut B Amount C
GENER�I, �iAINTENAi�10E $100,000.00 $50;000.00 $50,000.00
MISCELLAi�1E0US $0.00 $0.00 $0.00
SPECIAL PROJECT $0.00 $0.00 $0.00
SPECIAI. PROJECT $0.00 $0.00 $0.00
SPECIAI, PROJECT $0.00 $0.00 $0.00
Total $100,000.00 $50,000.00 �50,000.00
Accepted by�: The Citv of Foirt Worth, Te�as
�
Signat�zre
Tit1e: Assistant City Manager
Date: ��.5//3
Notes: (explanatious of any specifications or variances as needed for above scope iteins)
GENERAL MAINTENANCE: As needed. Sponsor mav contract for services/�urchase
materials for routine mainteuance/imUro�rement of airport p�vemeuts, si�nage, draina�e,
approach aids, li�htin� systems. utilitv infrastructure, fencin�. herbicide/a�plication. sponsor
o���ned and operated fiiel systems, lian�ars, buildin�s, terminal buildin�s and securit�vstems;
professional seivices for en��ironmental compliance, appraved project desi�n. Special proiects to
be determined and added bv amendinent.
Only F��ork items as described in Attachment A, Scope of Sei-vices of this Graut are
reimbursable under this grant.
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CERTIFICATION OF AIRPORT FUND
TaDOT CSJ No
M1402MECH
The City of Fort Worth does certify that an Airport Fund l�as been established for the Sponsor,
and that all fees, char�es, rents, and money fi�om any source derived from airport operations «-i11
be deposited for the benefit of the Airport Fuud and will not be diverted for other general
revenue fund expendittires ar any other special fiuid of the Sponsor and that all expendihires
from the Fund ti��ill be solely for aiiport pt�rposes. The fund ina}� be an account �ts part of wother
fund, but iuust be accounted for in such a maiuier that all revenues, e�penses, retained earnings,
and balances in the account are discernible from other types of moneys identified in the fimd as a
��hole.
The Cin� of Fort V4'orth, Texas
(Sponsor)
By: / r/lyl a«-.�o C...�-.
Assistant City Manager
S/�3
State of TeYas Single Audit Requirements
I Fernando Costa
do cei�tify that the Ciry of Fort Worth will comply with all
(Designaied Represeutative)
requirements of the State of Texas Single Audit Act if the City of Fort Worth spends or receives
more than $500,000 in any funding sotuces during this fiscal year. And in following those
requireinents, the City of Fort Worth will submit the report to the audit division of the Teaas
Departlnent of Transportatiou. If yot�r entity did not meet the threshold of $500,000.00 in graut
expendihues, please subinit a letter indicating that your entity is uot required to have a State
Single Audit perfonned for the inost recent audited fiscai year.
Signature
Assistant City Manager
Title
i3
Date
09%0112014 PaQe ll of 12
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESE`TATIVE
TxDOT CSJ Number: M1402MECH
The City of Fart Worth designates, W����am Welstead, Aviation Director
(Name, Title)
as the Sponsor's authorized representative, «�ho shall receive ail correspondence aud documents
lssociated «Tith this grant wd who shall make or shall acquire approvals u�d disapprovals for
tlus b ant as required on behalf of the Sponsor.
:
Title: Assistant City Manager
Date:
DESIGl�.�TED REPRESENTATIVE
Mailing Address:
4201 North Main Street, Suite 200
Fort Worth, Texas 76� 06
Overnight Mailiug Address:
Same as above
Telephone/Fax Number:
P: 817-392-5400 / F: 817-392-5413
Email address: billwelstead@fortworthtexas.gov
09i01/2014 Page 12 of 12
T1ie Cit�� of Fort R'orth, TeYas