HomeMy WebLinkAboutContract 43668-A1 (2)STATE OF TEXAS
COUNTY OF TRAVIS
viler a:4-777AR.
ciatitotAtia ‘41o0
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
Project Bypass Channel Improvements
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AiVJENDMENT #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 September 25, 2012 to
effectuate their agreement to construct a four lane bridge on the proposed SH 199 (Henderson) and
Bypass Channel improvements; 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
Attachment C, Project Budget Estimate and Source of Funds, of the otinaI con-t..r-aot--is
deleted in its entirety, and replaced with Attachment C-1, Project Budget, E.t k 4RD
amendment. The budget is decreased by $4,875,719 to $32,260,781.
[TIN
CITY SECRETARY
FT. WORTH, TX
Article 3. Local Project Sources and Uses of Funds is deleted in its entirety -and-- replaced -wkh:
c
w
A. The total estimated cost of the Project is shown in the Project Budget — Attachment "C", which
is attached to and made a part of this agreement. The expected cash contributions from the
t=s Federal or State government, the Local Governments, or other parties is shown in Attachment
ca Transportation Commission. The State and the Federal Government will not reimburse the
cr_Th Local Government for anyworkperformed before the federal spending authorityis formally
p g
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 infQr Km jIT-Li kcal Government is
RVV
AFA—AFA Amend Page 1 of 6 Revised 04/08/11
"C". The State will pay for only those project costs that have been approved by the Texas
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
Project Bypass Channel Improvements
Federal Highway Administration
CFDA # 20 205
Not Research and Development
responsible for 100% of the cost of any work performed under its direction or control before
the federal spending authority is formally obligated.
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 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. This Project cost estimate shows how necessary resources for completing the Project will be
provided by major cost categories. These categories may include but are not limited to: (1)
costs of real property; (2) costs of utility work (3) costs of environmental assessment and
remediation (4) cost of preliminary engineering and design; (5) cost of construction and
construction management; and (6) any other local project costs.
D. The State will be responsible for securing the Federal and State share of the funding required
for the development and construction of the local Project. If the Local Government is due
funds for expenses incurred, these funds will be reimbursed to the Local Government on a
cost basis.
E. The Local Government will be responsible for all non-federal or non -state participation costs
associated with the Project, including any overruns in excess of the approved local project
budget unless otherwise provided for in this agreement or approved otherwise in an
amendment to this agreement.
F. 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 cost.
G In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
H. 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 Trust Fund.' The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied to the State Project.
I. Upon completion of the Project the State will perform an audit of the Project costs. Any funds
due by the Local Government, the State, or the Federal government will be promptly paid by
the owing party. If, after final Project accounting, excess funds remain in the escrow account,
those funds may be applied by the State to the Local Government's contractual obligations to
AFA—AFA_Amend
Page 2 of 6 Revised 04/08/11
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
Project Bypass Channel Improvements
Federal Highway Administration
CFDA # 20 205
Not Research and Development
the State under another advance funding agreement with approval by appropriate personnel of
the Local Government.
J. The State will not pay interest on any funds provided by the Local Government.
K. If a waiver has been granted, the State will not charge the Local Government for the indirect
costs the State incurs on the local Project, unless this agreement is terminated at the request
of the Local Government prior to completion of the Project
L. If the Project has been approved for a "fixed price" or an "incremental payment" non-standard
funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will
clearly state the amount of the fixed price or the incremental payment schedule.
M. If the Local government is an Economically Disadvantaged County and if the State has
approved adjustments to the standard financing arrangement, this agreement reflects those
adjustments.
N. 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.
An 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.
O. 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.
Article 22. Inspection of Books and Records is deleted in its entirety and replaced with:
The parties to this agreement shall maintain all books, documents, papers, accounting records,
and other documentation relating to costs incurred under this agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office dunng the contract period and for
four (4) years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved. Additionally, the State, the Local Government, and
the FHWA and their duly authorized representatives shall have access to all the governmental
records that are directly applicable to this agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
Article 24. Disadvantaged Business Enterprise (DBE) Program Requirements is deleted in its
entirety and replaced with:
A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements
established in 49 CFR Part 26
B The Local Government shall adopt, in its totality, the State's federally approved DBE program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision -making authority
regarding the DBE goal and shall be responsible for documenting its actions.
AFA—AFA_Amend
Page 3 of 6 Revised 04/08/11
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
P roject: Bypass Channel Improvements
Federal Highway Administration
CFDA # 20.205
N ot Research and Development
D The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by
Entity and attachments found at web address
http //ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
E The Local Government shall not discriminate on the basis of race, color, national origin, or sex
in the award and performance of any U S. Department of Transportation (DOT) -assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non-discrimination in award and administration of DOT -assisted contracts. The State's
DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the
Local Government of its failure to carry out its approved program, the State may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of
1986 (31 U.S.0 3801 et seq.).
F Each contract the Local Government signs with a contractor (and each subcontract the prime
contractor signs with a sub -contractor) must include the following assurance: The contractor,
sub -recipient or sub -contractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this
agreement, which may result in the termination of this agreement or such other remedy as the
recipient deems appropriate.
Article 25. Debarment Certifications is deleted in its entirety and replaced with:
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
P rograms under Executive Order 12549, "Debarment and Suspension." By executing this
agreement, the Local Government certifies that it and its principals are not currently debarred,
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
P rograms under Executive Order 12549 and further certifies that it will not do business with any
party to include principals, that is currently debarred suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order 12549. The
parties to this contract shall require any party to a subcontract or purchase order awarded under
this contract to certify its eligibility to receive federal funds and, when requested by the State, to
furnish a copy of the certification.
Article 28. Federal Funding Accountability and Transparency Act Requirements is deleted in
its entirety and replaced with:
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.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and
AFA—AFA_Amend
Page 4 of 6 Revised 04/08/11
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
P roject: Bypass Channel Improvements
Federal Highway Administration
CFDA # 20.205
N ot Research and Development
http://www.apo.qovfidsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf.
B The Local Government agrees that it shall:
1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal
Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides more than $25,000
in Federal funding. The CCR number may be obtained by visiting the CCR website whose
address is: https://www.sam qov/portal/public/SAM/,
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
u nique nine -character number that allows Federal government to track the distribution of
federal money. The DUNS may be requested free of charge for all businesses and
e ntities required to do so by visiting the Dun & Bradstreet (D&B) 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:
More than 80% of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
Article 29. Single Audit Report is deleted in its entirety and replaced with:
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 of $750,000 or more are met during the Local Government's fiscal
year, the Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Audit Office, 125 E 11th Street, Austin, TX 78701 or contact TxDOT's
Audit Office at
http://www.txdot qov/inside-txdot/office/audit/contact.html.
C. If expenditures are less than $750,000 during the Local Government s fiscal year, the Local
Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet
the $750,000 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.
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 5 of 6 Revised 04/08/11
Date
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
Project Bypass Channel Improvements
Federal Highway Administration
CFDA # 20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate
THE LOCAL GOVERNMENT
PyTT ST:
trvi /.
930--Crty Secretary
By
AIL
U
4a4eta.444 n•
Mnando Costa
o °° � - sistant City Manager
er
TO FORM AND LEGALITY APPR•VAL RECOMMENDED
Assistant City Attorney
tit4pc c -- 1664o
2.18, I
THE STATE OF TEXAS
,Csa-
Kenneth Stewart
Interim Director of Contract Services
Texas Department of Transportation
/),05:7777
By
Douglas/ . Wiersig, P.E.
Director
Transportation and Public Works
Date' 41.3040,
z-1mmillac-
OFRICIA6 RECORD
CITY SECR!'!!ARY
FtWORTh,TX
AFA AFA Amend Page 6 of 6
Revised 04/08/11
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Bypass Channel Improvements
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT C-1
PROJECT BUDGET
Description items with Federal funding: Construction costs will be allocated based: 80% Federal funding and 20% State
Government funding for DMO funds and 100% federal funding for HPS funds until the federal funding reaches the
maximum obligated amount, $14,124,013.00. Regional Toll Revenue Funds: No Local Government required match;
maximum $7,500,000.00 funds.
The Local Government will then be responsible for 100% of the costs.
(Description
Engineering
(by Local Government)
ROW (by Local
Government)
Construction, Federal
DMO funds, (by State)
Construction, Federal
HPS funds (by State)
RTR Construction (by
State)
Construction, Local funds
(by State)
Subtotal
AFA-AFA_LongGen
Total
Estimated
Cost
$3,093,448
$5,160,000
$8,011,800
$7,714,573
$7,500,000
$780,960
$32,260,781
Federal
Participation
% (Cost
0% .$0
0% $0
80% $6,409,440
I100% $7,714,573
0% $0
0% $0
$14,124,013
Regional Toll
Revenue
% Cost % Cost
0% $0 0% $0
0% $0
0% $0
0% $0
State Participation
0% $0
20% $1,602,360
0% $0
100% $7,500,000 0% $0
0% $0 0% $0
$7,500,000
$1,602,360
Local Participation
% Cost
100% $3,093,448
100% $5,160,000
0% $0
0% $0
0% $0
100% $780,960
$9,034,408
Page 1 of 1 Attachment C-1
Right of Way Direct State
Costs
Engineering Direct State
Costs
Utility Direct State Costs
Construction Direct State
Costs
Indirect State Costs
(4.83%)
TOTAL I$35,891,3161 $14,124,013
$1 10% $0
$31,144 0% $0
$1 0% $0
$2,040,623 0% $0
$1,558,766 0% $0
0%
0%
0%
1°%
0%
CSJ #0171-05-081
District # 02-Fort Worth
Code Chart 64 # 15000
Project: Bypass Channel Improvements
Federal Highway Administration
CFDA # 20.205
Not Research and Development
$0
$0
$0
$0
$0
$7,500,000
0% $0
0% $0
0% $0
100% $2,040,623
100% $1,558,766
$5,201,749
100% $1
100% $31,144
100% $1
0% $0
'0% $0
$9,065,554
Payment made by the Local Government to the State: $812,106.00
Payment by the Local Government to the State before construction: $0.00
Estimated total payment by the Local Government prior to Construction to the State $812,106.00
This is an estimate. The final amount of Local Government participation will be based on actual costs.
AFA-AFA_LongGen Page 2 of 2 Attachment C-1
M&C Review
I
IL
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT WORTH
COUNCIL ACTION: Approved on 2/18/2014 - Reoslution No. 4295-02-2014 and Ordinance No.
21130-02-2014
DATE:
CODE:
SUBJECT:
2/18/2014 REFERENCE NO.: C-26670
C
TYPE•
LOG NAME -
NON -CONSENT PUBLIC
HEARING'
06TRV BRIDGES
LAPAFA
NO
Adopt a Resolution Authorizing Execution of Local Project Advanced Funding Agreements
with the Texas Department of Transportation in the Aggregate Amount of $73,709,317.00,
Including $6,631,831.00 in City Funds from the 2008 Capital Improvement Bond Program,
for Construction of Three New Bridges Associated with the Trinity River Vision Project on
Henderson Street North Main Street and White Settlement Road, Consistent with the
City's Limit of $26 6 Million on Expenditures for the Trinity River Vision Project and Adopt
Appropriation Ordinance (COUNCIL DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing the execution of Local Project Advanced Funding
Agreements with the Texas Department of Transportation in the total estimated project construction
and construction administration phase cost amount of $73,709,317.00 for construction of the
Henderson Street Bridge the North Main Street Bridge, and the White Settlement Road Bridge;
2. Authorize acceptance of $18,365,782.00 in construction funds from the Tarrant Regional Water
District;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the Street Improvements 2008 Fund in the amount of $18,365 782.00 from Tarrant Regional Water
District funds; and
4. Authorize pre -payment to Texas Department of Transportation in the amount of $18,365 782.00
from the Street Improvements 2008 Fund for the remaining local portion of construction costs in
accordance with the Local Project Advanced Funding Agreement.
DISCUSSION:
Execution of these Local Project Advance Funding Agreements (Funding Agreements) in the amount
described above allows for federal, state, regional, and local funding participation to construct these
new bridges on Henderson Street North Main Street and White Settlement Road which will each
span the future Trinity River by-pass Channel associated with the Trinity River Vision Central City
Project. Funding includes $33,014,573.00 in federal funds, $8,197,131.00 in state funds,
$7,500,000.00 in Regional Toll Revenue funds and $24,997,613.00 in local funds for a total amount
of $73 709 317.00.
Funding for the local portion of construction will come from a combination of City and Tarrant
Regional Water District (Water District) funds. The City's portion of $6 631,831 00 in construction
funds came from the 2008 Bond Program and was previously paid to TxDOT per M&C C-25776
(August 7, 2012) authorizing the Funding Agreement for the Henderson Street Bridge. As a result,
the remaining balance of the local construction funds ($18,365,782.00) will come from the Water
District. Per M&C C-26394 approved by the City Council on August 13, 2013, the City contracted the
final remaining portion of its Trinity River Vision commitment of $26 6 million for design and
construction activities using City of Fort Worth funds
This project is located in COUNCIL DISTRICTS 2 and 9, Mapsco 62T, 62U and 62Y and will benefit
http.//apps.cfwnet org/council_packet/mc review.asp9ID=19458&councildate=2/18/2014 5/21/2014
M&C Review Page 2 of 2
ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget as appropriated, of the Street Improvements 2008 Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
2&3)
C204 451453 209260014480 $18,365.782.00 C204 539900 209260014480 $18.365.782.00
C204 539900 209260014480
$18.3651782.00
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Mark Rauscher (2446)
ATTACHMENTS
06TRV BRIDGES LAPAFA.AO (Rev2 06.14).docx
TRV 3 Brndaes LPAFA Resolufion(CFW 2.06.12).doc
TRV Bridge Map MC.pdf
http://apps.cfwnet.org/council_packet/mc review.asp7ID=19458&councildate=2/18/2014 5/21/2014