HomeMy WebLinkAboutContract 45617-A1 CITY SECRETARY, \ 1 CSJ#0014-01-022 Fed.#HP 2008(344)
CONTRACT N0. ? District#02-Fort Worth
ode Chart 64# 15000
Project: North Main Street Bridge
Pedestrian/Bike Enhancements
Federal Highway Administration
CFDA#20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and City of Fort Worth, acting by and through its duly
authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on May 5, 2014 to effectuate
their agreement to the construction of a new bridge at proposed location of Bypass Channel for the
Trinity River to include two 10-foot wide sidewalks for pedestrian and two 5-foot wide striped bike
lanes; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
Article 2.Termination of this Agreement, of the original agreement, is deleted in its entirety and
replaced with the following:
A. The termination of this Agreement shall extinguish all rights, duties, obligations and
liabilities of the State under this Agreement and may be terminated by any of the following
conditions:
1. By mutual written consent and agreement of all parties;
2. By any party with 90 days written notice; or
3. By either party, upon the failure of the other party to fulfill the obligations as set forth in
this Agreement. Any cost incurred due to such breach of contract shall be paid by the
breaching party.
B. if the potential termination of the Agreement is due to the failure of the Local Government
to fulfill its contractual obligations, the State will notify the Local Government that possible
breach of contract has occurred. The Local Government should make every effort to
remedy the breach within a period mutually agreed upon by both parties.
AFA—AFA Amend Page 1 of 4 OFFICIAL KOM&d 03/23/16
CITY SECRE'T'ARY
FT.(NORTH,TX
CSJ#0014-01-022 Fed.#HP 2008(344)
District#02-Fort Worth
Code Chart 64# 15000
Project: North Main Street Bridge
Pedestrian/Bike Enhancements
Federal Highway Administration
CFDA #20.205
Not Research and Development
C. If the Local Government withdraws from the Project after this Agreement is executed, it
shall be responsible for all direct and indirect Project costs as identified by the State's cost
accounting system.
D. A project may be eliminated from the program as outlined below. If the Project is
eliminated for any of these reasons, this Agreement will be appropriately terminated. A
project may be eliminated from the program, and this Agreement terminated, if:
i. The Local Government fails to satisfy any requirements of the program rules cited as 43
TAC §11.200 et seq.
2. The implementation of the Project would involve significant deviation from the activities
as proposed in the nomination form.
3. The Local Government withdraws from participation in the Project.
4. This is a construction project and construction has not been let by August 31, 2016.
5. This is not a construction project and project activities have not been completed by
20 . N/A
6. The State determines that federal funding may be lost due to the Project not being
implemented and completed.
7. Funds are not appropriated, in which case this Agreement shall be terminated
immediately with no liability to either party. Payment under this Agreement beyond the
current fiscal biennium is subject to availability of appropriated funds.
8. The Local Government fails to attend progress meetings at least twice yearly, as
scheduled by the State.
Article 11. Local Project Sources and Uses of Funds, Section 11.1-1 and 11.1, of the original
agreement, are deleted in their entirety and replaced with the following:
11.1-1 Whenever funds are paid by the Loral Government to the State under this Agreement,
the Local Government shall remit a check or warrant made payable to the"Texas
Department of Transportation." The check or warrant shall be deposited by the State and
managed by the State. The funds may only be applied by the State to the Project.
11.1 Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due to the Local Government, the State, or the Federal Government will be
promptly paid by the owing party. If after final Project accounting any excess funds
remain, those funds may be applied by the State to the Local Government's contractual
obligations to the State under another advance funding agreement with approval by
appropriate personnel of the Local Government.
Article 21. Federal Funding and Accountability and Transparency Act Requirements, of the
original agreement, is deleted in its entirety and replaced with the following:
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act(FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
http://www.qj)o.gov/fdsys/pkci/FR-2010-09-14/pdf/2010-22705.od and
hftp://www.cipo.Qovlfdsyslgkq/FR-2010-09-14/pdf/2010-22706.pd
B. The Local Government agrees that 1t shall:
AFA-AFA—Amend Page 2 of 4 Revised 03/23/16
CSJ#0014-01-022 Fed.# HP 2008(344)
District#02-Fort Worth
Code Chart 64# 15000
Project: North Main Street Bridge
Pedestrian/Bike Enhancements
Federal Highway Administration
CFDA#20.205
Not Research and Development
1. Obtain and provide to the State a System for Award Management(SAM) number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: httos://www.sam.gov/t)ortaVnublic/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the federal government to track the
distribution of federal money. The DUNS number may be requested free of charge for
all businesses and entities required to do so by visiting the Dun & Bradstreet on-line
registration website http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
1. More than 80°A of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000; and
fl. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
Article 22. Single Audit Report, of the original agreement, is.deleted in its entirety and replaced
with the following:
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-
133.
B. If threshold expenditures are met during the Local Governments fiscal year, the Local
Government must submit a Single Audit Report and Management Letter(if applicable) to
TXDOrs Audit Office, 125 East 11th Street,Austin,TX 78701 or contact TxDOT's Audit
Office at http:/A%ww.txdpl.00v/inside-txdoVgfriige/audWcontagi.htmi. The expenditure
threshold for fiscal years beginning prior to December 31, 201419$500,000; the
expenditure threshold for fiscal years beginning on or after December 31, 2014 is
$750,000.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Government must submit a statement to TxDors Audit Office as follows: "We did
not meet the $ expenditure threshold and therefore, are not required to have a
single audit performed for FY "
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
Attachment C, Project Budget Estimate and Source of Funds, is deleted in its entirety and
replaced with Attachment C-1, Project Budget Estimate and Source of Funds,which is attached to
this Amendment. The State will be responsible for the Construction Direct State Costs overruns.
All other provisions of the original contract are unchanged and remain in full force and effect.
AFA—AFA Amend Page 3 of 4 Revised 03/23/16
CSJ#0014-01-022 Fed.#HP 2008(344)
District#02-Fort Worth
Code Chart 64# 15000
Project: North Main Street Bridge
Pedestrian/Bike Enhancements
Federal Highway Administration
CFDA#20.205
Not Research and Development
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
City of Fort Worth
/FW Chy Secretary •* Jesus J. Chapa
��►�►� Assistant City Manager
APPROVED AS TO FORM AND LEGALITY APPRVAL RECOM,MfENDED
By �—�. By C•. W
Assistant City Attorney DouglaoK Vliersig, P.E.
Director
Transportation and Public Works
Date: Z-�L•l
THE ST FT S
enneth Stewaff
Director of Contract Services
Texas Department of Transportation
D�
OFFICIAL RECORD
CI'T'Y SECRETARY
FT.WORTH,TX
AFA AFA Amend Page 4 of 4 Revised 03/23/16
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jTexas Department of Transportation
2601 SOUTHWEST LOOP 820 1 FORT WORTH,TEXAS 76133-2300 1(817)3705500 I
March 27,2017
TRV Project: Main Street
CSJ:0014-01-022
Tarrant County
Mr.Jesus J.Chapa
Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth,TX 76102
Dear Mr.Chapa:
Attached,for your files, is one fully executed original of the Advance Funding Agreement Amendment
#1 between the City of Fort Worth and the State for the above referenced project.
All contractual matters concerning the agreement will continue to be handled by our Transportation
Planning and Development office.
If you should have any questions concerning this matter, please contact me at(817)370.6997.
Sincerely,
r7-0a-'—�Za CIL
Rose Rodriguez
Transportation Planning&Development Office
Fort Worth District
Enclosures
OUR VALUES: People-Accountabiury- Trust-Honesty
OUR MISSION: Through collaboration and leadership,we deliver a safe,retlabk,and integrated transportation system that enables the movement otpecpte and goods.
M Eq"opponuda EmOow
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.
A. Douglas Rademaker
Name of Employee Of sto
Sr. Capital Projects Officer
Title
This form is N/A as No City Funds are associated with this Contract
Printed Name Signature