HomeMy WebLinkAboutContract 30841 CITY SECRETARY
CONTRACT NO.
TEXAS DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT
(State Assisted Airport Terminal Grant)
TxDOT Contract No.:5XXAV027
TxDOT Project No.: AP TB-SPINK
TxDOT CSJ No.: 05TBSPINK
Part I-Identification of the Project
TO: The 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 the 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.(Vemon and Vernon Supp.).
The project is described as follows: design and construct a terminal building and auto
parking area at the Fort Worth Spinks Airport as approved by the Texas Transportation
Commission on September 30, 2004.
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 the 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:
Page I of 12
Part II-Offer of Financial Assistance
1. It is estimated that approximately$800,000(Amount A)of the project costs will be eligible
for state financial assistance, and that state financial assistance will be for fifty percent
(50%) of the eligible actual project costs. It is estimated that the State's share will be
$400,000 (Amount B) and that the Sponsor's share of the eligible project costs will be
$400,000(Amount Q. Financial assistance is subject to the availability of state funds.
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
State 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 may be 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 and/or local funds.
2. The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under the V.T.C.A. Transportation Code,
Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp). Project costs eligible for state
financial assistance shall be determined by the State. Ineligible items include but are not
necessarily limited to the following: paving other than areas disturbed by the terminal
construction; major utility line extensions; new water supply sources; furniture and
furnishings; food preparation, kitchen and restaurant equipment and furniture; vending
machines; arcade games; communications/telephone/radio systems and equipment other
than necessary conduit and wiring;equipment used for generation of revenue including fuel
sales; audiovisual equipment; landscaping other than seeding or sodding of adjacent
disturbed areas; lawn sprinklers and irrigation systems; demolishing or moving existing
structures;mitigating hazardous materials or waste;removing, relocating,renovating and/or
repairing existing fueling systems;and donated materials and/or donated labor.
The State will not participate in funding for force account work conducted by the Sponsor.
3. If there is an overrun in the eligible project costs,the State cannot increase the agreement.
The sponsor will be responsible fore 100%of the costs.
4. Should estimated eligible project costs as determined following the receipt of
construction bids for the project, exceed the total estimated project costs (Amount A),the
Sponsor may request the State to void this Agreement, 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
Page 2 of 12
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.
5. Upon satisfaction of the conditions specified in Paragraph II-4 above, the State shall
declare this Agreement null and void,and this Agreement shall have no force and effect.
6. 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 hereunder by the
State which are in excess of the percentage of financial assistance (Amount B) as
heretofore stated in Paragraph II-1.
7. Sponsor, by accepting this Agreement certifies 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.
8. 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. No more than ninety (90) percent of the total grant agreement will
be paid prior to the completion of the project. The last ten (10) percent of the grant
agreement will be paid only after the staff has inspected and approved the completed
project.
PART III-Sponsor Responsibilities
1. In accepting the Agreement,the Sponsor guarantees that:
a. 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
b. 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
Page 3 of 12
serviceable manner for the useful life of the improvements, not to exceed 20
years;and
C. 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
d. 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
e. it shall not permit non-aeronautical use of airport facilities without prior approval
of the State; and
£ it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
g. 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
h. the Sponsor shall submit to the State annual statements of airport revenues and
expenses; and
i. 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
Page 4 of 12
vi,
*
_VL
j J C�,r`i � G•: It
I S
effective upon execution of this instrument and shall remain in full force and effect for a
period of at least 20 years.
9. 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.
10. Upon entering into this Agreement, Sponsor agrees to name an individual, as the
Sponsor's Authorized Representative, who shall be the State's contact with regard to this
project, and which individual shall have the authority to make approvals and disapprovals
as required on behalf of the Sponsor.
11. 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 herein.
12. The Sponsor shall obtain an audit as required by State regulations.
13. The final Terminal Building Grant Payment Request must be accompanied by a
Certificate of Substantial Completion signed by the Architect/Engineer. The Certificate
shall include the date of acceptance, the length of the warranty period, and a statement
certifying that the work was completed in accordance with the contract documents. Any
exceptions to the work described in the contract documents shall be noted in the
certification.
Page 7 of 12
Part IV-Responsibilities of the State
1. Responsibility of the State shall include, if appropriate,but not be limited to:
a. approval of site selection and schematic floor plan for terminal building; and
b. participation in design,pre-bid and pre-construction meetings; and
C. review and approval of final project plans and specifications prior to construction
bidding;and
d. participation in final inspections.
2. The State shall receive, review, approve and process the Sponsor's reimbursement
requests for approved services and materials supplied in accordance with approved
contracts, no more than once a month.
PART V-Recitals
1. 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. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
Page 8 of 12
r� .J 1
"N�,`19 � Gtio
3. 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 pursuant to the Agreement, (2) deny Sponsor's future requests for aid,
(3) request the Attorney General to bring suit seeking reimbursement of any
financial assistance money expended on the project pursuant to the Agreement,
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.
4. 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.
5. 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.
6. All commitments by the Sponsor and the State 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.
7. 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.
Page 9 of 12
Part VI-Acceptance of the Sponsor
The 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 Agreement, and does accept the Offer, and by such acceptance agrees
to all of the terms and conditions of the Agreement.
Executed this day of �?I , 20 G .
WSCi of Fort rt Texas
nsor
Witness Signature Sig ature
Marc Ott
Assistant City Manager
Witness Title �' Title
Certificate of Attorney
I, , acting as attorney for
, Texas, do certify that I have fully
examined the foregoing Agreement and the proceedings taken by the Sponsor relating, and find
that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance
with the laws of the State of
Texas.
Dated at---4�• —�` T, Texas,this x t, L day of OCA , 20
Witness Signature Attorne s Signature
t ess Title
ATTESTED BY
Isar} Lire,
Page 10 of 12
Contract 'A thor'iaatiox
Part VII-Execution by 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
approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
:
Bs
y
David S. Fulton, Directo►
Aviation Division
Texas Department of Transport,<tion
Date:
Page 11 of 12
f •;.; .,i. �' acs
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an 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.
The City of Fort Worth,Texas
(Sponsor)
MarA.. Ott
Title:
Date:
Page 12 of 12
jD
.' 53
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 8/31/2004 - Resolution No. 3116 & Ordinance
No, 16096
DATE: Tuesday, August 31, 2004
LOG NAME: 55SPINKSTB&PL REFERENCE NO.: **G-14474
SUBJECT:
Apply for and Accept, if Awarded, a Grant from the Texas Department of Transportation Aviation
Division for the Development of an Executive Terminal Building and Parking Lot at Fort Worth
Spinks Airport and Adopt the Appropriation Ordinance and Resolution
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and execute, if awarded, a grant agreement for the
development of an executive terminal building and parking lot at Fort Worth Spinks Airport (Spinks) from
TxDOT in the amount $800,000, of which $400,000 will be funded by TxDOT and the remaining will be the
City's match; and
2. Authorize the acceptance of$400,000 from Haydn Cutler to be deposited in the Airport Grants Fund
for the City's 50% match; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of$800,000 in the Airport Grants Fund, subject to receipt of the grant.
4. Adopt the attached resolution certifying that the City of Fort Worth has $400,000 availale for its 50%
match for the cost of construction of an executive terminal and parking lot at Fort Worth Spinks Airport.
DISCUSSION:
On May 18, 2004 (M&C C-20086), the City Council approved the execution of an unimproved ground lease
with mandatory improvements with Mr. Haydn Cutler for the purpose of developing an executive terminal
building and parking lot at Spinks. In that action, Mr. Cutler proposed to pay the City's match for future,
mutually agreed upon, airport improvement projects. Mr. Cutler has requested that the City solicit a grant
offer from TxDOT to enhance the terminal development. TxDOT has agreed to the offer and has notified
the City that a grant is tentatively available to fund the design and development of a terminal building and
parking lot. The City's share of the grant match funds will be fifty percent (50%) of the eligible project costs.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above mentioned recommendations, receipt of the
grant and adoption of the attached appropriation ordinance, funds will be available in the current capital
budget, as appropriated, of the Airports Grants Fund.
Logname: 55SPINKSTB2L Nap 1 of')
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 451942 055302967000 $400,000.00
GR14 481781 055302967000 $400,000.00
GR14 539120 055302967010 $800,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55SPINKSTB2L pa RP I Af I