HomeMy WebLinkAbout025109 - General - Contract - Aviation Heritage MuseumCITY SECRETARY
CONTRACT NO. 'A 5
GRANT NOMINATION AGREEMENT
This GRANT NOMINATION AGREEMENT ("Agreement") is made and entered
into by and between the CITY OF FORT WORTH ("City"), a home rule municipal
corporation situated in portions of Tarrant and Denton Counties, Texas, and the AVIATION
HERITAGE MUSEUM ("Museum"), a Texas non-profit corporation.
RECITALS
The following statements are true and correct and form the basis of this Agreement:
A. The Museum wishes to apply for a State Transportation Enhancement Program grant
("Grant") in order to develop an education and training center for the Museum at Fort
Worth Alliance Airport ("Project"). The Grant consists of federal funds from the United
States Department of Transportation and is awarded by the Texas Department of
Transportation. The Grant application requires that the candidate for Grant funds be
nominated by a public entity.
B. The City supports the Museum and its development. Therefore, the City is willing to
nominate the Museum for receipt of the Grant and to attest to the Project's development,
implementation, construction, maintenance, management and financing as part of the
nomination process. However, because the City is not financing the Project and does not
have funds to finance the Project, the City wishes to enter into this Agreement with the
Museum to clarify the relationship between the City and the Museum for purposes of the
Project and the Grant application.
AGREEM ENT
NOW, THEREFORE, the City and the Museum agree as follows:
1. CONSIDERATION.
The City believes that the Museum will benefit the City through the Museum's public
education and promotion of the City's involvement in the history of flight and position in the
aviation industry. Therefore, the City has signed a Grant nomination form ("Form") in order
for the Museum to be considered as a candidate for the receipt of Grant funds in order to finance
the Project. A copy of the Form is attached hereto as Exhibit "A" for purposes of reference only.
The Form states that "[b]y signing the form, the nominating entity recommends the candidate
project for selection and funding through the Statewide Transportation Enhancement Program
and attests a commitment to the project's development, implementation, construction,
maintenance, management and financing." The Museum understands and agrees that the City
Page IFc.14
Grant Noministion Agreement � 'v G ��
between City of Fort Worth and Aviation Heritage Museum E
fro HP I9O.
has not appropriated and will not appropriate funds for the Project or its development or
implementation.
2. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that the Museum shall operate as an independent
contractor with respect to the Grant and the Project. The Museum shall have the exclusive right
to control the use and expenditure of any Grant funds that may be awarded and all details
regarding the Project in accordance with the terms of the Grant. The Museum shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees and invitees. The Museum acknowledges that the doctrine of
respondeat superior shall not apply as between the City and the Museum, its officers, agents,
employees, contractors or subcontractors. The Museum further agrees that this Agreement shall
not be construed as the creation of a partnership or joint enterprise between the City and the
Museum.
3. LIABILITY AND INDEMNIFICATION.
The Museum understands and agrees that the City shall not be liable or responsible
for any liability, obligation, property damage, property loss and/or personal injury or
death, of any kind or character, whether real or asserted, arising, either directly or
indirectly, on account of (i) the City's signing the Form and nominating the Museum for
receipt of Grant funds; (ii) the Museum's receipt and/or use of Grant funds; and/or (iii)
any matter related, directly or indirectly, to the Project or the Museum's operations related
to the Project or generally at the Airport, WHETHER OR NOT CAUSED, IN WHOLE OR
IN PART, BY THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY, ITS
OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. The Museum hereby agrees
to indemnify, defend and hold harmless the City, its officers, agents, servants, and/or
employees from and against any claim, lawsuit, demand or other action based upon or
arising from (i) the City's signing the Form and nominating the Museum for receipt of
Grant funds; (ii) the Museum's receipt and/or use of Grant funds; and/or (iii) any matter
related, directly or indirectly, to the Project or the Museum's operations related to the
Project or generally at the Airport, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY, ITS
OFFICERS, AGENTS, SER VANTS AND/OR EMPLOYEES.
4. MISCELLANEOUS.
4.1. It is understood and agreed that by execution of this Agreement, the City does not
waive or surrender any of its governmental powers.
4.2. Venue for any action, whether real or asserted, at law or in equity, arising on the
basis of any provision of this Agreement shall lie in state courts located in Tarrant
County, Texas or in the United States District Court for the Northern District of Texas,
Page 2
Grant Nomination Agreement
between City of Fort Worth and Aviation Heritage Museum
Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
4.3. If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired.
5. ENTIRE AGREEMENT.
This written instrument contains the entire understanding and agreement between the
City and the Museum as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provision of
this Agreement. The terms and conditions of this Agreement shall not be amended unless agreed
to in writing by both the City and the Museum.
CITY OF FORT WORTH:
By:
Bob Terrell
City Manager
ATTEST:
By: &At
Glo 'a Pearson
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C NO. C-17547 7-27-99
Page 3
Grant Nomination Agreement
between City of Fort Worth and Aviation Heritage Museum
AVIATION- TAGE MUSEUM:
By:
Charles A. Ringler
Executive Vice President
ATTEST:
By:
NOMINATION FORM -1999
STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM
I. PROJECT NAME Aviation Heritage Museum - Education and Training Center
Alliance Airport
II. NOMINATING ENTITY
NAME City of Fort Worth
TYPE OF NOMINATING ENTITY. Please check the appropriate category.
❑ County ® City ❑ An Agency of the State ❑ Local Transit Operator 0 State Agency
❑ Metropolitan Planning Organization (MPO) ❑ Council of Governments
CONTACT PERSON
TITLE
MAILING ADDRESS
CITY Fort Worth STATE Texas ZIP CODE
DAYTIME TELEPHONE FAX No.
EMAIL
Signature
Date
AN AUTHORIZED REPRESENTATIVE OF THE NOMINATING ENTITY MUST SIGN
THE NOMINATION FORM.
III. SPONSORING ENTITY (If Applicable)
NAME Aviation Heritage Museum - Education and Training Center
CONTACT PERSON Charles A. Ringler
TITLE Executive Vice President
MAILING ADDRESS Fort Worth Club Tower Building, Suite 860,.777 Taylor Street
CITY Fort Worth STATE Texas ZIP CODE 76102
DAYTIME TELEPHONE 817/348-9900 FAX No. 817/348-9901
EXHIBIT "A"
IV. PROJECT ELIGIBILITY. The proposed project must have a direct relationship to the
surface transportation system by Function or Impact. Please check only one box.
® FUNCTION O IMPACT
V. ELIGIBLE CATEGORIES. Check only one category in which the project has a primary
activity.
❑ 1. Provision of Facilities for Pedestrians and Bicycles
❑ 2. Provision of Safety and Education Activities for Pedestrians and Bicycles
❑ 3. Acquisition of Scenic Easements and Scenic or Historic Sites
❑ 4. Scenic or Historic Highway Program
(including the provision of tourist and welcome center facilities)
❑ 5. Landscaping and other Scenic Beautification
❑ 6. Historic Preservation
❑ 7. Rehabilitation and Operation of Historic Transportation Buildings, Structures or
Facilities (including historic railroad facilities and canals)
❑ 8. Preservation of Abandoned Railway Corridors
(including the conversion and use thereof for pedestrian or bicycle trails)
❑ 9. Control & Removal of Outdoor Advertising
❑ 10. Archaeological Planning & Research
❑ 11. Environmental Mitigation of Water Pollution due to Highway Runoff or Reduce
Vehicle -caused Wildlife Mortality while Maintaining Habitat Connectivity
® 12. Establishment of Transportation Museums
VI. PREVIOUS ENHANCEMENT PROGRAM PROJECTS
Has this project been submitted in previous Transportation Enhancement Program calls?
❑ Yes ® No
Is this project a part of another previously selected Transportation Enhancement project?
❑ Yes ® No
If yes, please describe.
2
VII. PROJECT DESCRIPTION AND LOCATION
Project Location:
CITY Fort Worth. Texas COUNTY Tarrant
TxDOT DISTRICT(S) Fort Worth
Project Limits: Construction of a Museum and Education Center on 12.7 acres of land at
Alliance Airport
Detailed Scope of Work:
See attached.
3
VIII. PROJECT TIME LINE
Phase 1 of the Aviation Heritage Museum will be constructed over a period of
approximately 18 months beginning shortly after sufficient funds have been raised.
Project Location
Positioned in the southern portion of Denton County,
the Aviation Heritage Museum will be located on a 13
acre site, donated by Ross Perot, Jr., at Alliance Airport
in Fort Worth. The property will fall within the Fort
Worth TxDOT District. The 205,000 square foot
structure will be the permanent home of many of the
aircraft built and flown in this area and will be
dedicated to showcasing and preserving our area's
aviation heritage.
Fort Worth has long been a center for the aviation
industry with roots that date back to the earliest days
of flight. This Museum will provide this community
with a facility where children can learn of the great
history of aviation and the industry behind it and a
place where that history can be celebrated and
showcased in the form of the great aircraft that were
born here.
The centerpiece of the Museum will be a fully restored B-
36 Peacemaker bomber. Surrounding the Bomber, smaller
aircraft will be suspended from the roof structure or
arranged into dioramas that will help the visitor
understand how the aircraft fit into the fabric of aviation
history. Other areas within the facility will include a
Helipad Mezzanine that will be dedicated to the rotor -wing
aircraft that have their roots here. There will be meeting
rooms, a library, restoration facilities and even a flight
school.
In the Main Lobby the
black granite Aviation Wall
of Honor will stand as a
striking memorial that will
bear the names of men and
women, living and
deceased, who have had
some role in aviation, from "Rosie the Riveter" types to top
gun pilots, from assembly line workers to engineers to
flight attendents.
IX. PROJECT USE AND BENEFITS
The Aviation Heritage Museum is a celebration of this community's dedication to furthering
aviation around the globe and even to the moon. It will be the foundation on which children,
young and old, can build a greater understanding of the history of aviation and can gain the
knowledge to be a part of the future of aviation. The Museum will be a place where groups
from around the country can gather to remember the part they played in this history and to
remember their comrades who are no longer with us. This facility will take its place as a
member of the elite community of aviation museums around the country and will spotlight
this area's contribution to aviation's history and future.
The proposed location of the Aviation Heritage Museum at Alliance Airport, adjacent to
the Interstate 35 corridor north of Fort Worth, is widely accessible as roughly 4 million
people reside within 50 miles of Alliance Airport. About 750,000 school -age students are
included in that number. Over 4.5 million people circulate near the location of the
proposed site annually because of Alliance Airport, Alliance-Hillwood Development, the
Texas Motor Speedway and Interstate 35 roadway which stretches from Mexico to
Canada.
The Aviation Heritage Museum - Education and Training Center will:
♦ provide a regional world -class aviation museum and educational training center for
the North Texas area and state of Texas.
♦ achieve quality that makes it a peer of other North Texas cultural institutions and a
leader among the nation's aviation centers.
♦ provide interactive learning centers throughout the facility where individuals or
school groups visit and tour by exploring concepts and issues in greater depth and
direct students to resources for further study within and outside of Aviation Heritage
Museum Educational and Training Center.
♦ provide a world class library to serve as an Archive and Resource Center where
students, educators, and scholars can access additional information, pursue projects or
conduct research. Computer access to databases would be provided.
♦ plan in a manner that encourages aviation industry interest and ongoing
participation by providing facilities for expansion growth.
♦ highlight the importance of international markets to aviation in general and Texas
in particular.
4
X. ITEMIZED BUDGET
See attached budget information.
Quantity Unit II Cost
Preliminary Engineering:
Total Preliminary Engineering Costs:
Environmental Costs:
Total Environmental Costs:
Construction Costs:
Work Activities:
I Total Construction Costs: II II
TOTAL ITEMIZED BUDGET: $ 12,600,000
X. ITEMIZED BUDGET
Page 1 of 3
Aviation Heritage Museum
18 August 1997
Entry Atrium
$520,000
Construction Costs
$360,000
Furnishings
$100,000
Displays
$50,000
POS System
$10,000
"Hillard Room" $149,000
Construction Costs $120,000
Furnishings $5,000
Displays - $24,000
Gift Shop - "Wings 'n Things" $430,000
Construction Costs $240,000
Furnishings/Fixtures $180,000
POS System $10,000
Video Game Room $262,000 -
Construction Costs $80,000
Furnishings $2,000
Equipment -10 to 15 video games $180,000
Aircraft Restoration - "Restoration Wing" $448,000
Construction Costs $288,000
Equipment
$50,000
Tools
$20,000
Displays
$90,000
Flight School - "Flight Academy" $345,000
Construction Costs $160,000
Furnishings $5,000
Simulators $150,000
Displays $30,000
Library - "Aviation Library" $378,000
Construction Costs $208,000
Furnishings $80,000
Displays $15,000
Equipment $25,000
Technology $50,000
X. ITEMIZED BUDGET
Page 2 of 3
Artifact Area $141,000
Construction Costs $96,000
Shelving
$30,000
Equipment
$10,000
Furnishings
$5,000
Auditorium - "Aviation Theater" $139,000
Construction Costs $96,000
Seating -120 individually upolstered seats $18,000
Sound System $25,000
Orientation Auditorium - "Briefing Room 1" $86,000
Construction Costs $64,000
Seating -75 individually upolstered seats $12,000
Sound System $10,000
Sound Studio $325,000
Construction Costs $120,000
Furnishings $5,000
Equipment $200,000
Snack Bar - "Canteen" $65,000
Construction Costs $50,000
Furnishings $7,000
Equipment $8,000
Food Service $365,000
Construction Costs $240,000
Furnishings $50,000
Equipment $75,000
Banquet Rooms - Briefing Rooms 2,3 & 4 3 individual rooms at $141,000 $423,000
Construction Costs $400,000
Furnishings $20,000
Displays $3,000
Conference Rooms - Ready Rooms 1,2 & 3 3 individual rooms at $75,000 $225,000
Construction Costs $160,000.
Furnishings $50,000
Displays $10,000
Stage in Hangar Area $170,000
Construction Costs $120,000
Equipment $25,000
Sound System $25,000
X. ITEMIZED BUDGET
Page 3 of 3
Display Areas $7,116,000
Lower Level Display Areas
Construction Costs $5,616,000
Mezzanine Display
Construction Costs $1,500,000
Identifiable Area Costs:
"Peacemaker Hall" $2,178,000
B-36 $ 360,000
Typical Bomber $ 150,000
Typical Fighter $ 90,000
Typical Heiocopter $ 50,000
"Helipad Mezzanine" $315,000
Museum Offices/Support Facilities $300,000
Construction Costs $200,000
Furnishings $25,000
Equipment $25,000
Technology $50,000 ..
Display Plaza - "Horizons Plaza" $200,000
Pedestal $100,000
Hall of Fame Wall $100,000
Static Display Apron $4,500 for every 1,000 sf section $380,500
"Insignia Plaza" $132,500
TOTALS
$12,600,000
Items Included in the above costs:
Site Preparation and Permits Professional Fees - " '
Landscaping Financing Fees
Signage Project Contingency
XI. FUNDS REQUESTED
Total Itemized Budget (from page 5)
In -Kind Contributions (If applicable):
Real Property (12.7 Acres @ Alliance Airport)
Cash (Donations, Pledges & Reserves)
Materials
Services
Total In -Kind Contributions
Subtotal Value of Project (Line 1 + Line 2)
Administrative Expenses (20% of line 3)
Total Value of Project (Line 3 + Line 4)
Local Match:
20% of Total Value of Projects (Line 5)
Less In -Kind Contributions (Line 2)
Local Match (Line 6 less Line 7)
Federal Funds Requested (80% of Line 5)
This space for TxDOT use only
6
1. $_12.600.000
$ 2,250,000
$ 1,372,622
2. $_3.622.622
3. $_16.222.622
4. $_3.244.524
5. $ 19,467,146
6. $
3,893,429
7. $
3,622,622
8. $
270,807
9. $
15,573,717
XII. COMMUNITY INVOLVEMENT
The Aviation Heritage Museum - Education and Training Center is the realization of a
dream by North Texas aviation industry leaders and other interested parties to build a
world -class facility that documents the important role of this area in the aviation industry.
It will highlight important contributions area aviation has made to regional economic
growth and its impact on the national aviation scene.
Volunteers play a significant role in the history as well as the future of the Aviation
Heritage Museum. The B36 Restoration Volunteers have actively promoted the Aviation
Heritage Museum through its dedication to saving the planes that many of the members
built and flew. Made up of military retirees, Lockheed retirees and others, these volunteers
painstakingly restore historic aircraft. Through the Aviation Heritage Association, These
volunteers, developed the International Air Show to raise funds to build the Aviation
Heritage Museum, which will house the B-36 Peacemaker, along with many other vintage
aircraft. Over 105,000 volunteer hours have been expended over the past five years.
In addition, area schools and universities have offered the services of their professors and
other teaching staff for the flight school, restoration projects and other educational
programs.
Many of the B36 volunteers have supported the museum by having their names engraved
on the Aviation Wall of Honor. The Aviation Wall of Honor will be built inside the
museum and will be inscribed with the names of men and women, living or deceased, who
had some role in aviation in the last 86 years. The wall will be a great opportunity to
honor a loved one or special friend in a striking and enduring way. Military and
commercial pilots, engineers, mechanics, flight attendants and any aviation employee - all
are heroes in some way. Their names can be engraved on a beautiful black Andes granite
wall in the atrium of the museum.
Over 4.5 million people circulate near the Aviation Heritage Museum proposed site
annually because of the Texas Motor Speedway and I-35 Highway which stretches from
Mexico to Canada. The museum will serve as a place where the aviation exploits of
yesterday inspire the aerospace dreams of tomorrow by providing an Aviation Educational
and Training Center for the youth and adults of today and into the future.
XIII. PROPERTY ACQUISITION INFORMATION
Will Property to be acquired for the project? ® YES 0 NO
Who owns the property? H. Ross Perot, Jr.
Describe how the property is to be acquired:
At the time the final arrangements are made to construct the Aviation Heritage Museum -
Education and Training Center. H. Ross Perot will transfer custody of 12.7 acres of land at
Alliance Airport to the Aviation Heritage Museum.
7
PROPERTY
ACQUISITION
LETTER OF
COMMITMENT
FROM
H. ROSS PEROT, JR.
REGARDING
12.7 ACRES OF LAND
DONATED AT
ALLIANCE AIRPORT
XIV. MAINTENANCE
The Aviation Heritage Museum will be owned and operated by the
Aviation Heritage Association and will utilize the funds taken.in through
admission to the Museum, grants from individuals and foundations, and
donations from individuals.
XV. ENVIRONMENTAL PROJECT IMPACTS
None.
8
XVI. PERMITS AND CLEARANCES
Navigational Permits (Section 10) Yes No
Section 404 Permits (Wetland Regulations) Yes No
Section 106 Clearance (Archeological and Historical Studies) Yes No
National Pollution Discharge Elimination System Yes No
Section 4F (Historical Studies/Parks) Yes No
Other Building Permit Yes X No
XVII. CERTIFICATION OF FUNDING AND SUPPORT
This document should be labeled - CERTIFICATION OF FUNDING AND
SUPPORT
See attached.
XVIII. INTENT FOR TRANSPORTATION IMPROVEMENT PLAN (TIP)
PLACEMENT
This document should be labeled - INTENT FOR TIP PLACEMENT
AN ORIGINAL AND TEN COPIES OF THE COMPLETED
NOMINATION FORM MUST BE SUBMITTED TO A
TXDOT DISTRICT OFFICE BY
5:00 P.M., AUGUST 9,1999
Certification of Support
The Aviation Heritage Museum was born out
of this communities need to learn about and
honor a rich aviation history that is
unmatched anywhere else on the planet.
Support for the project has come from the
aviation industry, business and community
leaders and individuals that see the lasting
impact this project will have on north Texas.
People who have contributed money are
given a space on the black granite Aviation
Wall of Honor — currently on display in
downtown Fort Worth. The names include a
virtual who's who of aviation. It also features
presidents, governors, and distinguished
leaders from all levels of government. And it
has individuals from all aspects of aviation
who believe that this is the right thing for
our community. The Museum draws support from the annual air show held at Alliance Airport
each fall. And in 1998 received a gift of the 13 acre parcel of property on which the Museum
will be built.
The Museum will, give back to our community as well. The education and restoration facilities
are designed for everyone from eager kindergartners to aviation experts. Novices as well as
aviation buffs will appreciate the Museum's "edge of your seat" philosophy that promises to
make aviation history a multi -sensory experience. Visitors of all ages will be entertained' by a
thrilling variety of dioramas and aircraft, both static and
interactive, depicting aviation history and aeronautical
principles.
Specially designed area will accommodate large scale
education and restoration projects, classes, lectures and a
flight academy. Through education grants, the Aviation
Heritage Museum will be able to help those outstanding
people who would not otherwise be able to pursue an
education or career in aviation or aerospace.
SIGNED RESOLUTION
FROM THE CITY
OF FORT WORTH
CERTIFICATION
OF
FUNDING AND SUPPORT
City of Fort Worth, Texas
41nelgor and Council commu"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
7/27/99 **C-17547 55STEP 1 of 1
SUBJECT AUTHORIZE AGREEMENT WITH THE AVIATION HERITAGE MUSEUM AND
AUTHORIZE ITS NOMINATION FOR APPLICATION FOR STATE TRANSPORTATION
ENHANCEMENT FUNDS
RECOMMENDATION:
It is recommended that the City Council:
1. Nominate the Aviation Heritage Museum (Museum) for application for State Transportation
Enhancement Program (STEP) funds; and
2. Authorize the City Manager to execute an agreement with the Museum stipulating that the City will
have no financial responsibility for the project if it is selected for funding.
DISCUSSION:
The North Central Texas Council of Governments has notified the Museum that it is eligible to apply for
STEP funds. These funds originate with the US Department of Transportation and are passed through
to the Texas Department of Transportation (TxDOT). Since these are federal funds, a non-profit entity
must be nominated by a public body in order to receive the funds. The Museum has requested that the
City serve as the nominating entity for their submittal. As the nominating entity, the City must attest a
commitment to the project's development, implementation, construction, maintenance, management
and financing. The agreement will clarify that the City will have no financial responsibility whatsoever if
the project is funded.
If the project is not selected by TxDOT, no further action will be necessary. If it is selected, the
agreement will be included in the information that will be submitted by the Museum to TxDOT.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
RG:j
Submitted for City Manager's
Office by:
Ramon Guajardo 6140
FUND ACCOUNT CENTER AMOUNT
CITY SECRETARY
(to)
APPROVED
(�I'
CITY COUNCIL
JUL 27 1999
l w"'*J
City Secretary of the
City of Fort Worth, Tezas
Originating Department Head:
Lisa A. Pyles 5403
(from)
Additional Information Contact:
Luis Elguezabal 5401