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Home My WebLink AboutContract 43670-A1 (2)STATE OF TEXAS COUNTY OF TRAVIS Y 1 OtsP Go VANMeir Vic) 'Of CSJ # 0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project. Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development 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 personnel, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on September 25, 2012 to effectuate their agreement to do the plans, specifications and estimate, bridge layouts, and hydraulic analysis for a bridge located on White Settlement Road over the Trinity River Bypass Channel; 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 4. Scope of Work description of the original contract is deleted and replaced with the following: The scope of work for this LPAFA is described as construction of a 4 lane bridge at new location GTin of proposed Bypass Channel for Trinity River on White Settlement Road near Central Business District of Fort Worth. � Article 10. Construction Responsibilities description of the original contract is deleted and replaced with the following: Construction responsibilities will be carried out by the State as stated in the MaierA-greement. �1 OFFICIAL RECORD Article 16. Debartment Certification is deleted in its entirety and replaced with, �;��Y SECRETARY kg"RTH, TX The are from makin award at tier to anthat is pie 'rise or partiesprohibitedg any any Yparty suspended or otherwise excluded from or ineligible for participation in Federal As' sTs ance Programs under Executive Order 12549, "Debarment and Suspension." By executing this AFA AFA Amend Page 1 of 4 RECEFVErJ S b VMIL 04/08/11 CSJ # 0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement, the Local Government certifies that it and its principals is not currently debarred, suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs 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 20. 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 -esponsible for documenting its actions. 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. AFA—AFA Amend Page 2 of 4 Revised 04/08/11 CSJ # 0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development Article 21. 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.apo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.apo.qov/fdsys/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 for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is https://www.sam.aov/portal/public/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 (D&B) on-line registration website http //fedaov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. 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 22. 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.aov/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. Attachment C, Project Budget Estimate and Source of Funds of the original contract is deleted in its entirety, and replaced with Attachment C-1, Project Budget, attached to this amendment. AFA—AFA Amend Page 3 of 4 Revised 04/08/11 Date CSJ # 0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20.205 Not Research and Development 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. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT AST ST: (I) / At,t_ fl�5,LC(ty Secretary City of Fort Worth 77,144-enza----• Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY APPR•VAL RECOMMENDED By Ca) Assistant City Attorney knA C C Zak 2 • ►8 -iy THE STATE OF EXAS Kenneth Stewart Interim Director of Contract Services Texas Department of Transportation �V° /lam By cit L._)- - Douglas, Wiersig, P. Director Transportation and Public Works Date: 46/30/l4 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX AFA—AFA_Amend Page 4 of 4 a sr Revised 04/08/11 CSJ # 0902-48-697 District # 02-Fort Worth Code Chart 64 # 15000 Project: Bypass Channel Improvement on White Settlement Road Federal Highway Administration CFDA # 20 205 Not Research and Development ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will be responsible for overruns. Work Performed by the Local Government Description Engineering(by Local Government) ROW (by Local Government) Description Total Est Federal Cost Funding % Cost $2,514,787 0% $0 $16,000,000 0% $0 Work Performed by the State P ayments by State Cost 0% $0 0% $0 Local Participation % Cost 100% $2,514,787 100%$16,000,000 Construction, Category 9 and 7 Funds Construction, Local Funds Total Est Cost Federal Funding % Cost State P articipation % Cost $7,750,000 80%$6,200,000 0% $0 Payments by Local Gov't % Cost 20% $1,550,000 $19,924,490 0% I$0 0% $0 100%$19,924,490 State Costs for Review, Inspection, and Oversight of Work Performed Description Right of Way Direct State Costs Engineering Direct State Costs Utility Direct State Costs Construction Direct State Costs Local Funds Indirect State Costs (4.83%) !TOTAL Total Est Cost $1 $49,324 $1 $2,730,363 Federal Funding % Cost 0% $0 0% $0 0% $0 0% $0 State P articipation % Cost 0% $0 0% $0 0% $0 0% $0 Payments by Local Gov't % Cost 100%$1 100%$49,324 100%J$1 100%$2,730,363 $1 453,018 0% $0 100%$1,453,01810% $0 $50,421,984 $6,200,00011 $1,453,0181 $42,768,966 Advance payment made by the Local Government to the State on 10/10/12: $5,884,051.00 Payment by the Local Government to the State before construction: $18,370,128.00 Estimated total payment by the Local Government to the State $24 254,179.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. M&C Review I U CIL GENDA 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 LOG NAME C TYPE: NON -CONSENT PUBLIC HEARING: 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) 06TRV BRIDGES LAPAFA NO 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/me review. asp?ID=1 9458 &councildate=2/1 8/20 14 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 $18.365.782.00 Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriainatina Department Head: Randle Harwood (6101) Additional Information Contact: Mark Rauscher (2446) ATTACHMENTS 06TRV BRIDGES LAPAFA.AO (Rev2.06.14).docx TRV 3 Bridges LPAFA Resolution(CFW 2 06.12).doc TRV Badge Map MC.odf http://apps.cfwnet.org/council packet/me review.asp?ID=19458&councildate-2/18/2014 5/21/2014