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HomeMy WebLinkAboutContract 60321DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 CSC No. 60321 TEXAS DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT (State Assisted Airport Development Grant) TxDOT CSJ No.: 24AWSPINK Commission Approval: September 28, 2023 Part I - Identification of the Project TO: City of Fort Worth, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and City of Fort Worth, Texas, hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under V.T.C.A., Transportation Code, Title 3, Chapters 21-22, et seq.(Vernon and Vernon Supp.). The project is described as follows: replace automated weather observing system at Fort Worth Spinks Airport. The Sponsor applies for a grant for financial assistance for the project described above. The parties, by this Agreement, do fix their respective responsibilities with reference to each other and with reference to the accomplishment of said project. NOW, for and in consideration of the benefits which will accrue to the parties by virtue of the completion of the project, IT IS MUTUALLY COVENANTED AND AGREED as follows: Part II - Offer of Financial Assistance It is estimated that approximately $135,000 (Amount A) of the project costs will be eligible for financial assistance, and that financial assistance will be for ninety percent (90%) of the eligible project costs. Project costs eligible for financial assistance shall be determined by the State and is subject to the availability of state funds. The sponsor shall contribute at least a 10% local match towards the total project cost, estimated at $150,000 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the Agent to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work maybe amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 2. If there is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the maximum obligation of the State is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. Participation in additional state eligible costs may require approval by the Texas Transportation Commission. 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. If the sponsor does not move forward with installation of the system, they shall reimburse the state 100% of all costs expended at the point of notification that the project will not be completed 3. Should estimated eligible project costs as determined following the receipt of construction bids for the project, exceed the amount shown above (Amount A), the Sponsor may request the State to void this Agreement, whereupon the State shall agree to void this Agreement upon the satisfaction of the following conditions: a. the Sponsor's request to the State to void the Agreement shall be in writing and dated; and b. if required by the State, the Sponsor shall reimburse the State for funds expended on this project and Sponsor shall assume the responsibility for any future State expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. Sponsor funds held by the State may be retained until this requirement is satisfied; and C. failure on the part of the Sponsor to comply with the conditions of this paragraph shall constitute a breach of this Agreement. 4. Upon satisfaction of the conditions specified in Paragraph II-3 above, the State shall declare this Agreement null and void, and this Agreement shall have no force and effect, except that unexpended or unencumbered monies actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor within a reasonable Page 2 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 time. 5. 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 A) as stated in Paragraph II-1. 6. Sponsor, by accepting this Agreement certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify said funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. 7. Monthly grant agreement payments to the Sponsor may be authorized upon application to the State. Payments of the State's share of the allowable project costs will be made in proportion to the amount of the project satisfactorily completed at the time of the payment application. PART III - Sponsor Responsibilities In accepting the Agreement, the Sponsor guarantees that: a. it will comply with Attachment A, Certification of Airport Fund, attached and made a part of this Agreement; and b. it will comply with Attachment B, Certification of Airport Property Interests, attached and made a part of this Agreement; and it will comply with the Attachment C, Certification of State Single Audit Requirements, attached and made a part of this Agreement; and d. 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 of Texas in connection with the Agreement; and the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of the improvements, not to exceed 20 years; and f. 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 Agreement; and Page 3 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 g. 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 h. it shall not permit non -aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA. This includes but is not limited to: the process of land disposal, any changes to the aeronautical or non -aeronautical land uses of the airport, land's deeded use from non -aeronautical to aeronautical, requests of concurrent use of land, interim use of land, approval of a release from obligations from the State/FAA, any of which will require 18 months, or longer; and through the fence access shall be reviewed and approved by the State; and it will acquire all property interest identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas in the acquisition of such property interest; and that airport property identified within the scope of this project and Attorney's Certificate of Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and k. the Sponsor shall submit to the State annual statements of airport revenues and expenses; and all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility. Sponsor shall not be required to pledge income received from the mineral estate to airport use unless state and/or federal funds were used to acquire the mineral estate of airport lands or any interest therein; and in. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. Such 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 discernable from other types of monies identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund Page 4 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor for any purposes other than operation of the airport. 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 n. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise and to provide for the continuous operation and maintenance of any navigational aid funded under this Grant Agreement during the useful life of the equipment; and o. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and P. it will provide upon request of the State, and the engineering or planning consultant, copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and q. after reasonable notice, it will permit the State and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, consultants and contractors associated with this project, to enter private property for purposes related to this project. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and S. Construction shall be completed within one year from the execution of this agreement. Failure to do so will constitute just cause for termination of the obligations of the State of Texas by the State, unless at the Sponsor's request, the State grants additional time in writing. t. Carry out and complete the project without undue delay and in accordance with the Page 5 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 plans and specifications which are submitted to and approved by the staff. The State has the option to withhold the payment of any State funds unless the plans and specifications have been completed and approved by the State. 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the timeframe of the project, a sufficient interest (easement or otherwise) in any other property interest which may be part of the project. 3. 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 said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement 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. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 6. The Sponsor by execution of this grant certifies that it has implemented, or will implement during this project, an effective airport pavement maintenance -management program and it assures that it will use such program during the period of this Agreement. It will provide upon written request such reports on pavement condition and pavement management programs as the State determines may be useful. Failure to comply with this condition may make the Sponsor ineligible for future grants. 7. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. Page 6 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 8. The Sponsor agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. 9. The Sponsor represents and warrants that it will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 10. The Sponsor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 11. The Sponsor represents and warrants that performance under the grant will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, The Sponsor represents and warrants that in the administration of the grant, it will comply with all conflict -of -interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of the grant, the Sponsor shall promptly notify TxDOT. 12. SPECIAL CONDITION: The Sponsor must provide for the continuous operation and maintenance of the AWOS funded under this grant during the useful life of the equipment. 13. SPECIAL CONDITION: Sponsor will provide electrical power and telephone line as required to the appropriate site at the direction of the vendor. 14. SPECIAL CONDITION: If found necessary by the State, Sponsor will install security fencing around the AWOS site as requested by the State. 15. SPECIAL CONDITION: The NADIN Interface requires that the Sponsor be responsible for 100% of the monthly maintenance fee to transmit weather data through the National Airspace Data Interchange Network for the life of the equipment. 16. The Sponsor shall submit to the State the following: a. prior to advertising for construction: contract documents including drawings, specifications, bid documents, and draft construction contract to TxDOT; and b. prior to construction contract award: bid tabulation and recommendation of award; and following execution: copy of the construction contract; and Page 7 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 d. advance notification of pre -construction meeting; and prior to execution: construction change orders and supplemental agreements; and f. advance notification of the final inspection date. PART IV- State Responsibilities Responsibility of the State shall include, if appropriate, but not be limited to: a. certification of the construction contractor selection procedures; and approval of costs for construction prior to contract being executed; and C. receive, review, approve and process Sponsor's reimbursement requests for approved services and materials supplied in accordance with approved contracts, no more than once a month; and d. review of project plans, specifications and construction; coordinate and conduct progress and final inspections; and review and approve record drawings. PART V - Recitals This Agreement 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. Furthermore, the State shall not be a party to any other contract or commitment which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. 2. This Agreement is subject to the applicable provisions of the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp.), 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 Agreement or with the aforementioned 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 Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended to the Agreement, (2) deny Sponsor's future requests for aid, (3) request Page 8 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to the Agreement herein, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement 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 Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 3. The State reserves the right to amend or withdraw this Agreement 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. 4. This Agreement 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. 5. All commitments by the Sponsor and the State hereunder 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. 6. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the 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. 7. The Sponsor represents and warrants that the State's payments to the Sponsor receipt of appropriated or other funds under the contract or grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures. 8. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; Page 9 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Sponsor will be responsible for the payment of Project costs incurred by the State on behalf of the Sponsor up to the time of termination. 1. In the event the State determines that additional funding is required by the Sponsor at any time during the development of the Project, the State will notify the Sponsor in writing. The Sponsor will make payment to the State within thirty (30) days from receipt of the State's written notification. 2. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Sponsor, the State, or the Federal Government will be promptly paid by the owing party. 3. In the event the Project is not completed, the State may seek reimbursement from the Sponsor of the expended funds. The Sponsor will remit the required funds to the State within sixty (60) days from receipt of the State's notification. 4. The State will not pay interest on any funds provided by the Sponsor. 5. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Sponsor in accordance with this Agreement. Page 10 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 Part V - Acceptance of the Sponsor City of Fort Worth, Texas does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by the acceptance agrees to all of the terms and conditions of the Agreement. Citv of Fort Worth, Texas Sponsor Dana BurghdoAc Dana Burghdoff (Oct 9, 023 17:25 CDT) Sponsor Signature Assistant City ManaV.er Sponsor Title Oct 9, 2023 Page 11 of 15 Date DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 Part VII - 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 DocuSlIlIigned by: By: C� AACC tCSGA7! Title: Director, Aviation Division 10/17/2023 Date: Page 12 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 ATTACHMENT A CERTIFICATION OF AIRPORT FUND The Sponsor does certify that the 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. Such 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. Citv of Fort Worth, Texas (Sponsor) Dana aLr_ghdOff Dana Burghdoff (Oct 9, 023 17:25 CDT) Sponsor Signature Assistant City Manager Sponsor Title Oct 9, 2023 Page 13 of 15 Date DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 ATTACHMENT B CERTIFICATION OF AIRPORT PROPERTY INTERESTS By signature below, the Sponsor does certify that the airport property, as reflected on the property map and attorney certificate dated March 31, 2023_ and on file with TxDOT Aviation Division, remains unchanged and is an accurate reflection of the property owned and/or controlled for Fort Worth Spinks Airport. City of Fort Worth, Texas (Sponsor) Oana Bur�o BY: Dana Burghdoff (Oct 9, 023 17:25 CDT) Title: Assistant City Manager Date: Oct 9, 2023 Page 14 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 ATTACHMENT C Certification of State Single Audit Requirements I, Dana Burghdoff , do certify that the Citv of Fort Worth will comply with all requirements of (Designated Representative) the State Single Audit Act if the city/county spends more than $750,000 in any funding sources during this fiscal year. And in following those requirements the Citv 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 of $750,000.00 in expenditures, please submit a letter indicating that your entity is not required to have an audit performed for FY Qana BurgHdoff Dana Burghdoff (Oct 9. 023 17:25 CDT) Signature of Designated Representative Assistant City Manager Title Oct 9, 2023 Date Page 15 of 15 DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 APPROVAL RECOMMENDED: --14- Roger Venables Aviation Director Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Er'i/w L . 2 d-c e Erin Roden Senior Contract Compliance Specialist ATTEST Jannette Goodall City Secretary 4,oavaa4n p�A o� f�RTlY9Ad ° o� 0 �`o °o �10 OVo o=d -.011,100 paaab TEXA`�oap 4baaaaa Approved as to Form and Legality Thomas Royce Hansen Assistant City Attorney M&C: 23-0207 Date: 3/21/2023 Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C1631 1 E63381 FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: FWS Weather Reporting System Upgrade Agreement M&C 23-0207 CPN CSO # DOC# DATE: 10/3/2023 INITIALS DATE OUT TO: —Z—H Oct 3, 2023 1. Joe Hammond JH Oct 3, 2023 2. Roger Venables av 3. Royce Hansen TH Oct 6, 2023 4. Dana Burghdoff °B 09 Oct 9, 2023 Jannette S. Goodall Oct19,2023 5 STSG+ 59 DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑x No RUSH: ❑ Yes X❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑ Yes ❑x No Action Required: ❑ As Requested ❑ For Your Information 1 Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you. DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C16311 E63381 Create New From This M&C REFERENCE **M&C 23- 55FWS WEATHER DATE: 3/21/2023 NO.: 0207 LOG NAME: REPORTING SYSTEM UPGRADE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 6 / Future CD 8) Authorize Application for and Acceptance of a Grant, if Awarded, from the Federal Aviation Administration, Passed Through the Texas Department of Transportation, in an Amount Up to $187,500.00 for the Upgrade of the Weather Reporting System at Fort Worth Spinks Airport, with an Amount Up to $62,500.00 Contributed as the City's Match Requirement, for a Total Project Amount Up to $250,000.00, Adopt Resolution Authorizing the City Manager to Execute Grant Related Agreements with the State of Texas, Represented by the Texas Department of Transportation, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the application for and acceptance of a grant, if awarded, from the Federal Aviation Administration, passed through the Texas Department of Transportation, in an amount up to $187,500.00 for the upgrade of the Weather Reporting System at Fort Worth Spinks Airport; 2. Authorize the adoption of the attached resolution, as required by the Texas Department of Transportation, authorizing the City Manager or his designee to execute all necessary contracts associated with this project with the Texas Department of Transportation; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Muni Airport Grants Federal Fund (1) by up to $187,500.00 subject to the receipt of the grant, and (2) by up to $62,500.00, as a transfer from the Future Grant Match project within the Municipal Airport Capital Project Fund (City Project No. 101731) as the City's grant match requirement, for a total of $250,000.00 for the purpose of updating the Weather Reporting System at Fort Worth Spinks Airport. DISCUSSION: The Texas Department of Transportation Aviation Division (TxDOT) has advised the Aviation Department that funding is available for the upgrade of the Weather Reporting System (Project) at Fort Worth Spinks Airport (Airport). The current Automated Weather Observation System (AWOS) has been operating at the Airport since 2003. Multiple repairs have been necessary in order to keep the AWOS functioning, and it is now past its useful life and needs to be replaced. Most TxDOT-funded projects are split 90/10, however the policy of TxDOT when funding weather reporting systems is a 75/25 split. TxDOT will contribute up to $187,500.00 to the Project, while the Aviation Department will contribute $62,500.00, for a total amount not to exceed $250,000.00. If the DocuSign Envelope ID: 2BAD3F3A-642E-47F3-AA32-C16311 E63381 Project exceeds $250,000.00, the additional costs will be funded by the Aviation Department, and a separate Mayor and Council Comm inication (M&C) will be written for the additional funds. Upon approval of this M&C, all appropriations and funding will be summarized in the table below: Fund Muni Airport Grants Federal Fund Muni Airport Grants Federal Fund Project Total Amount Source $62,500.00 City's Grant Match Requirement $187,500.00 TxDOT Grant Funds $250,000.00 Funding for the required City match is available in the Municipal Airport Capital Projects Fund in the Future Grant Matches project. Since no City salaries will be charged to this grant, indirect cost recovery does not apply. City of Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6/FUTURE COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, in the Muni Airport Grants Federal Fund. The Aviation Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account i Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID I ID Submitted for Citv Manaaer's Office bv: Oriainatinci Department Head: Additional Information Contact: ATTACHMENTS Funds Available.ba. (CFw Internal) M&C Map.pdf (Public) Program Activity Budget Reference # Amount Year (Chartfield 2) Dana Burghdoff (8018) Roger Venables (6334) Tyler Dale (5416)