HomeMy WebLinkAboutContract 18551�0 "4XV"-*Tw 111*4 4 $0 z 0
Date of Offer: JUN 11 1951
Project Number: 3-48-0296-0691-91-1
Contract Number: DOT -FA -91 -SW -8434
TO: City of Fort Worth, Texas
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal
Aviation Administration, herein called the "FAA")
WHEREAS, the sponsor has submitted to the FAA a Project Application
dated April 30, 1991, for a grant of Federal funds for a project at or
associated with the Fort Worth Alliance, Meacham, and Spinks
Airports/Planning Areas which Project Application, as approved by the
FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airports or PlannirLeq
Areas (herein called the "Project") consisting of the following: N
Conduct Federal Aviation Regulations Part 150 Noise
Compatibility Study
as more particularly described in the Project Application.
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as
amended by the Airport and Airway Safety and Capacity Expansion Act of
1987, herein called the "Act," and/or the Aviation Safety and Noise
Abatement Act of 1979, and in consideration of (a) the Sponsor's
FAA Form 5100-37 (1-90) Page 1 of 5
FO
adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United
States • the public from the accomplishment of Project and
-
compliance with the assurances and conditionsas herein
FEDERAL •N ADMINISTRATION,ON OF D
STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of
the allowable • - r in accomplishing the Project, 90 • -
The Offer is made on • subject to the following terms and
•' • •
1. The maximum obligation of the United States payable under this
offer shall be $465,819.00
$465,819.00 for planning.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of - United States- of the allowable project
will .,- made pursuant to and in accordancethe provisions of
such regulations and procedures as the Secr- prescribe.
Final determination of - United States share will be based upon
the final audit of the total amount of allowable project costs and
settlement will • - made for any upward or downward . • s
Federalthe - of
4. The sponsor shall carryout • complete the Project with•undue
delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the
project a•• .' •
5. The FAA reserves the right to amend or withdraw this offer at any
time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be
obligated to pay any part of the costs of the project unless this
offer has been accepted by the sponsor on or before July 10, 1991
or such subsequent date as may be prescribed in writing by the
FAA.
FAA Form 5100-37 (1-90) Page 2 of 5
0
Federal7. The sponsor shall take all steps, including litigation
if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of -
Federalmisused in any other manner in any project upon which Federal
funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to
this or any other -- - obtain
approval - - any determination
of the Federal share of such funds. It shall return the recovered
Federal share, including funds recovered by settlement, order or
judgment, to the Secretary. It shall furnish to the Secretary,
upon request, all documents and records pertaining to the
determination of the amountthe Federal
settlement, litigation, negotiation, or other efforts taken to
recover such funds. All settlements or other positions
compliancethe sponsor, in court of otherwise, involving the recovery of such
Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident
with this grant agreement.
acceptance1. It is understood and agreed that any project costs incurred prior
to of this Grant and formal Notice to Proceed by the
FAA shall not be eligible for Federal participation.
2. The sponsor and its consultant will meet with the FAA to refine
the scope of work which will be approved by the FAA prior to
issuance of - Notice to Proceed.
3. The sponsor shall comply with the attac.. Airport Assurances.
4. The final documents shall be prepared prior to final payment.
5. The sponsor shall insure that its consultant provides copies of
all draft and interim working papers and documents directly to the
FAA Regional Office for review and comment.
FAA Form 5100-37 (1-90) Page 3 of 5
M
The Sponsor's acceptance of this Offer and ratification and adoption
of the Project Application incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided,
and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
S icyn at ur4
John M. Dempsey
Manager, Airports Division
Title
Mam!p�±Vwr �--
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in
the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in
this offer and in the Project Application. C
Executed this day of I , 1991.
(SEAL)
City of Fort Worth, Texas
Name of Sponsor
By:
Sponsor's Designated Official
Representative
Title:, ,,,v"IIII',,-/
FAA Form 5100-37 (1-90) Page 4 of 5
Attest:
Title:
City of Fort Worth, Texas
Name of Sponsor
By:
Sponsor's Designated Official
Representative
Title:, ,,,v"IIII',,-/
FAA Form 5100-37 (1-90) Page 4 of 5
9
acting as Attorney for the Sponsor
do hereby certify:
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Texas.
Further ' I have examined the foregoing Grant Agreement and the actio
taken by said Sponsor and relating thereto, and find that the
acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the
laws of the said State and the Act. In addition, for grants involvin
projects to be carried out on property not owned by the Sponsor, therl
are no legal impediments that will prevent full performance by the
Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at this day of '1991
signature of Sponsor's Attorney
a-,'' "V
FAA Form 5100-37 (1-90) Page 5 of 5
9
CERTIFICATE OF SPONSOR'S ATTORNEY
acting as Attorney for the Sponsor
do hereby certify:
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Texas.
Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and relating thereto, and find that the
acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the
laws of the said State and the Act. In addition, for grants involving
projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the
Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at r
���,G� '`� �`r'��', this
day of m
,1991
C '
eL
i;
Signature ofSponsor's Attorney
FAA Form 5100-37 (1-90) Page 5 of 5
IN'" ,"E"-()FF1[(`,E (ARTHES11"ONDENCE
TO Carol yn Ingrain DATH July 31, 1991
City Secretary's 01fHolp
Michael A. Reisman
FROM Aviation Department
8 U Bl'V Il[ (XI'111 Insert to City Secretary Contract
As we discussed, please discard the previous Certificate of
Sposors Attorney supplied to you. The certificate was dated
incorrectly and was to be inserted into the wrong contract, based
upon that information supplied to you by myself.
Please insert the enclosed Certificate of Sponsors Attorney into
City Secretary Contract No. 18551, titled "Fort Worth Alliance,
Meacham and Spinks Airports/Planning Areas".
I apoligize for any inconvenience this has caused you, and thank,
you for your assistance,
_[_0G NAME R PAGE
JATE 07/��, 09/91 REFERE NCE NUMBER **C-12955 55FAAG1 of 1
FEDERAL AVIATION REGULATIONS PART 150 NOISE COMPATIBILITY STUDY FOR FORT
WORTH'S THREE AIRPORTS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept a Grant from the Federal Aviation
Administration in the amount of $465,819.00 to complete the FAR Part 150 Noise
Compatibility Studies for the Fort Worth Meacham, Spinks and Alliance Airports,
and
2® Authorize the City Manager to increase the amount approved for the contract with
Greiner, Inc. (M&C C-12753) from $500,000.00 to $517,577.00, and
3. Authorize the Fiscal Services Department to:
a. Establish a Grant Project Account in the amount of $517,577.00;
b Transfer the City's Matching fund requirement of $34,505.00 for the pro-
rated share for Meacham -and Spinks Airport's cost from the Spinks Airport
Ineligible Costs Project to the FAR Part 150 Noise Compatibility Studies
Projection, the Grants Fund, and
C. Deduct Alliance Airport's pro -rated share from the value of donated land.
DISCUSSION:
On April 30, 1991, the City of Fort Worth Aviation Department submitted a FAA Project
Application to conduct a Federal Aviation Regulations Part 150 Noise Compatibility
study for Fort Worth's three airports. The grant offer must be accepted and signed on
or before July 10, 1991. These grant funds will be used to pay part of the costs of
the contract with Greiner, Inc., the consultant selected to perform the study.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that upon acceptance of the FAA grant, funds
required for this contract will be available in the Grants Fund.
Submitted for City ftanager`s�w�i I 111094T, WE= �11 all I I ILI I CITY SECRE
Office by: =Me Z - - -
Ramon Guajardo 6143
Originating Department Head:
Bob Burke 624-1127 rTfrom
For Additional Intormation
Contact:
Bob Burke 624-1127
0 Printed on recycled paper