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Home My WebLink AboutContract 47429-A1 CSJ#0902-48-688 District#02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development CITY SECREfAR' j STATE OF TEXAS § CONTRACT NO. IA I � RECEIVED COUNTY OF TRAVIS § SEP 13 2011 a CITY OF FORT NORTH ADVANCE FUNDING AGREEMENT CRYSECRETARY 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 December 22nd of 2015 to effectuate their agreement as construct the Live Oak Connector, close Peach Street and East 1St Street at the UP crossing, and install fences to restrict pedestrian access across the railroad tracks; 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 12, Local Project Sources and Uses of Funds, is deleted in its entirety and replaced with the following: 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control bef spending authority is formally obligated. OFFICIAL RECOR® CITY SECRETARY AFA—AFA—Amend Page 1 of 7 R*iMORM98M { A CSJ #0902-48-688 District#02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non-state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local 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. Funds may only be applied by the State to the Project. 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. G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. AFA—AFA—Amend Page 2 of 7 Revised 10/18/16 CSJ #0902-48-688 District#02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this 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. Any 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. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Article 17, Cost Principles and Office of Management and Budget (OMB) Audit Requirements, is deleted in its entirety and replaced with the following: 17.Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. Article18. Notices is deleted in its entirety and replaced with the following: 18.Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City Manager Director of Contract Services City of Fort Worth Texas Department of Transportation 200 Texas Street 125 E. 11 Department Fort Worth, Texas 76102 Austin, Texas 78701 AFA—AFA_Amend Page 3 of 7 Revised 10/18/16 CSJ #0902-48-688 District#02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Article 19, Civil Rights Compliance, is deleted in its entirety and replaced with the following: 19.Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as AFA—AFA_Amend Page 4 of 7 Revised 10/18/16 CSJ # 0902-48-688 District#02-Fort Worth Code Chart 64 # 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. Article 22, Single Audit Report, 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 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(cD-txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division 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. Article 23, Pertinent Non-Discrimination Authorities, is added with the following: During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). AFA—AFA_Amend Page 5 of 7 Revised 10/18/16 CSJ #0902-48-688 District#02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 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. Right-of-Way (ROW) funds have decreased in the amount of$885,285.00 and moved to Construction (Earmark) Costs. All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—AFA_Amend Page 6 of 7 Revised 10/18/16 CSJ #0902-48-688 District# 02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT ATT S ��o 'FO�� City of Fort Worth By ity Secretar * q Jesus J. Chapa Assistant City Manager APPROVED AS TO FORM AND L ��lp1s' APPROVAL RECOMMENDED By By c�. A Stan City Attorney DouglasWiersig, P.E. ` AV &4c, 4J Director Transportation and Public Works Date: THE STAT EXAS '14 Kenneth Stewart Director of Contract Services Texas Department of Transportation Date OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX AFA—AFA_Amend Page 7 of 7 Revised 10/18/16 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. _ 14a d Name of ldnpoyee .^0 2s P,2v Title ❑ This form is N/A as No City Funds are associ ed with this Contract Gf Printed Na a Signatur OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CSJ#0902-48-688 District#02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS STP-MM funding: Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. Earmark funding: Costs will be allocated based on 100% Federal funding until the federal funding reaches the maximum obligated amount The Local Government will then be responsible for 100% of the costs. Work Performed by the Local Government Description Total Est. Cost Federal Funding Payments by Local Participation State % Cost % Cost % Cost Engineering $200,000 80% $160,000 0% $0 20% $40,000 (STP-MM funds) 11 1 Engineering (Earmark) $200,000 100% $200,000 0% $0 0% $0 .Right of Way (Earmark) $550,000 100% $550,000 0% $0 0% $0 Construction (Earmark) $971,874 100% $971,874 0% $0 0% $0 Construction $702,300 80% $561,840 0% $0 20% $140,460 (STP-MM funds) Construction (Local funds) $513,411 0% $0 0% $0 100% $513,411 Subtotal $3,137,585 $2,443,714 111 $0 1$693,871 AFA-LPAFA_ShortGen.doc Page 1 of 2 Attachment C-1 CSJ#0902-48-688 District#02-Fort Worth Code Chart 64# 15000 Project: Live Oak Connector Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development State Costs for Review, Inspection, and Oversight of Work Performed by the Local Government Description Total Est. Federal Funding State Participation Payments by Local Cost I Gov't % Cost % Cost % Cost Environmental Direct State $2,000 80% $1,600 0% $0 20% $400 Costs (STP-MM funds) Environmental Direct State $2,000 0% $0 0% $0 100% $2,000 Costs (Earmark) Engineering Direct State $8,000 80% $6,400 0% $0 20% $1,600 Costs (STP-MM funds) Engineering Direct State $8,000 0% $0 0% $0 100% $8,000 Costs (Earmark) Right of Way Direct State $50,000 0% $0 0% $0 100% $50,000 Costs Utility Direct State Costs $21,764 0% $0 0% $0 100% $21,764 Construction Direct State $10,053 0% $0 0% $0 100% $10,053 Costs (Earmark) Construction Direct State $81,537 80% $65,230 0% $0 20% $16,307 Costs (STP-MM funds) Construction Direct State $59,607 0% $0 0% $0 100% $59,607 Costs (Local funds) Indirect State Costs 11 $160,015 0% $0 100% $160,015 0% $0 TOTAL L$3,540,561 $2,516,944 $160,015 .$863 602 Payments paid by the Local Government to the State: February 5, 2007, $ 7,216.00 May 8, 2007, $24,480.00 August 8, 2015, $56,068.00 Payment by the Local Government to the State before construction: $85,967.00 Estimated total payment by the Local Government to the State $169,731.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 2 of 2 Attachment C-1