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Home My WebLink AboutContract 27210�R1�lNA[. County: Tarran�/City of Fort Warth CSJ: 0902-48-385 Project: NE 21.�t St. at Tributary of Tri�itv Road/St�eet: River NBI Struciure No. 02220ZZ34 D0001 CITY SE�;f�ETA�Y , ir. -, ,; -� .,�N��ACi t�, ^- - . CONSTRUCTION AND MAiNTENANCE AGREEMENT " F�R SRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM AMENDMENT NO. 1 THE STATE OF TEXAS THE COUNTY OF TRAVIS � � THI� AMENDMENT TS MADE by and between tl�e State af Texas, acting by and t�irough ihe Texas Department of Transportation, hereinafter called t�.e Staie, and the Citv of Fort worth, a local government or governmental agency ox entity, acting by and through its Citv Council, hereinafter called the Local Government. This Amendment relates to the local match fiu�d pa�icipation requirement being based on the estrmated proj ect direct cost. WITNESSETH WHEREAS, the State and the Local Government exeeuted an agre�ment on 4/2/99 to effectuate th� project to renlace the brid�e Iocated at NE 215t Street at Tributary of Trinitv River; and WHEREAS, the previously executed agreement pravides foz the Local Government match fund participation requirement to be based on the actual proj ect cost; and WHEREAS, Texas Administrative Code, Title 43, Section 15.52 (3){C} provides far the Local Government match fund participation requirement to be based on the estimated project direct cost; and WHEREAS, if the 1oca1 match fi�nd participation percen�age requirernent has been adjusted for Economicaily Disadvantaged County {EDC} cansideration under the pravisions of Texas Transportatian Code Section 222.053, the required local match fund participation for this project has been adjusied to N/A percent as authorized by Texas Transportation Commissinn Minute Order number N/A, dated N/A; and Page 1 of4 f��L' �C'tI15�VI�.V Bridge Divis�io.� ry �M 9-2000-��.i 1� `�� WHEREAS, if under �he previausly executed agreement the requi�red Iocal match fund participation included payment by the Local Government of a portion of the State'� indirect costs for tlae pr�ject iterns that are eligible for State or F�d�ral participation, such payment(s) for indireet cost not already received by the State, may be waived under the provisions of Texas Government Gode Section 21Q6.08; and WHEREAS, if one or mpre advance funding payments have already been recezved by the State from the Local Governmeni in accozdance with tbe previously executed agreement, including payirnent far any ofthe State's indirect costs for the project itenns that are eligihle for Stat� ar Federal participation, and, while no portion of these payments can be reimbursed to the Local Government, sueh payments should be credited against the Lacal Governmeni's match fund participatio� requirement as provided for under tUis agreem�nt amendment. NOW THEREFORE, in consideration of tl�e prernises and of the mutual covenants and agreement� of the parti�s hereta, tne State and the Local Government do agree as fallows. AGREEMENT Article l.. Deseription of Amendment It�ms A. Amendment Item A. - Agreerz�ent Article 4, seco�ad preamble paragraph, is revised to read as follows: "The Local Government shall pay the S�a�e (1) 10%, or percentage as adjusted for EDC considexation, o� the estimated direct costs of prel.irninary engineering, {2} 10%, or percentage as adju�ted for EDC consideration, �f the estimated direct cost of canstruction, constructian engineering and contiugency, and (3) 100% of the cost of any project co�t iiem or portzon of a casi item that is not eligible for Fed�ral hridge program participation, and 100% of the cost of any worlc resulting from changes in the praject rnade at the requ�st of the Local Government." B. Amendrnent Item B. - In agreement Article 4, the sub-article xelating to a� estimate ofproject cost is arnanded to read as follows: "Estirna�e of Project Di�rect C�st - An estimate vithe direct cost of the project is providad in Exhibi� A of this agreement amendment which supersedes all previous estimates." Article 2. All other pro�isions of the originaI agreemeni are unchanged and remain in full �orce and effect. Article 3. 5ignatory Warranty The signataries to this amendment warrant that each has the authority ta e:ntear in�o this agreement on behalf of the arganization they represent. Page 2 of 4 Bridge Division 9-20Q0-A.2 � :, TN WITNESS WIiERE4F, THE PAR'I.TES HERETQ have executed duplicate counterparts to effectuate these agreements. THE LOCAL GOVERNMENT: t-�� -� ,�� By � ; (Signature) Gity of Fart Worth {Name) Date 9/17/O1 Mike Groomer, Assis�ant City Manager Typed Name and Tit1e of Signatory � _ _ .. , APRQV�D,AS TO �QRF� AND L�GALITY: � . THE STATE OF TEXAS ;�$��gCa�� City A�torr�ey ti�,..._..�,.,,.,,,�..�, . ,.— .�-�-. --�.°�: Executed for the Executive Director and approved for the Texas Transportation Commission for thc purpose and e�fect of activating and/or carrying out the arders, established policies ar work programs hereiofore approved by �he Texas Transportation Commission. By ' C t'�a� e�.� Date Mary Lou�lls, P.E., Director, Bridge Divisioan lo� 19--� � Far the purposes af this agreement, notices shall be deemed deliver�d when addressed and mailed to the fallowiar�g: The Local Government: Mr. Hugo Malanga, P.E. Director of Tran�portation & Public Works City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 �� /� � �- � �y � h n. +� ,. ,_,. , I . � �1 i��. = r �,� . �� ' . Texas Department of Transportatian District Office: Mr. Steven E. Sunmons, P.E. Fort Worth District Engineer P.O� Bo� 6868 Fort Warth, Texas 7611 S — --' --- � '��' J . _ . Con�rac� Ruthorization Tnn�i��,}p ��„� u u� w� � '' � � �--- �� f�� Dat� —. ._, �_ ,_ 'i", ��{!?Ii.�W� d�. Page 3 of A� Bridge Divisian 9-200Q-A.2 Caunty: Ta�rrant/Citv of Fart Worth C�J: 0902-4�8-385 Project: NE 21sf St. at Trihutary of Trinitv Road/�treet: River NBI Siructure No. 0222DZZ34 00001 Date o�Agreement Execution by Local Government ��-17- �D�l EXHIBIT A TO C�NSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATIQN OFF THE �TATE SYSTEM - ESTIM�TE QF DIRECT COSTS (NOTE: This estimate supersedes any and all those that may have been provided previausly for this project.} Prelirninary Engiz�eering {PE} Estimated Cost ❑ 36,928 Local Govemment Participation Ten (10) Percent or EDC Adjusted Percent, Local Government Participation in PE {lst payment) Construction Engineering and Continge�zcy (E&C) The Sum of Canstruction and E&C Ten (10} Percent or EDC Adjusted Percent, Local Gflverntnent Participation in the Sum of Construction and E&C {2nd paymen�) �rnount af Advar�ced Funds to be Paid or Already Paid by Local Government, Including Payment for any of the State's Indirect Casts, to be Credited Against Local Participation A�naunt Balance of Lpcal Government Participation Du.e 3,693 263,774 29,015 ❑ 2R2,789 29,279 { 2,101) 30,871 Project Direct Cast ❑ ❑ 329,717 Bridge Division 9-2000-A.2