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FR-TII-0046 - Amendment 1Cwlhw U.S Department of Transportation Federal Railroad Administration Cooperative Agreement 1. RECIPIENT NAME AND ADDRESS Kalispell, City Of 2. AGREEMENT NUMBER: FR-TII-0046-17 3. AMENDMENT NO. 1 312 1st Ave E 4. PROJECT PERFORMANCE PERIOD: FROM 08/01/2017 TO 06/30/2022 Kalispell, MT 59901-4936 5. FEDERAL FUNDING PERIOD: FROM 08/01/2017 TO 06/30/2022 IA. IRS/VENDOR NO. 816001281 6. ACTION Budget Revision 1B. UEL FNNZUBFCQ3E4 1C.DUNS. 021996665 7. CFDA#: 20.933 TITLE FEDERAL NON-FEDERAL TOTAL 8. PROJECT TITLE 9. PREVIOUS AGREEMENTS 10,000,000.00 11,175,374.00 21,175,374.00 Glacier Rail Park / Kalispell Core Area Development and Trail 10. THIS AGREEMENT 0.00 880,639.00 880,639.00 11. TOTAL AGREEMENT 10,000,000.00 12,056,013.00 22,056,013.00 12. INCORPORATED ATTACHMENTS THIS AGREEMENT INCLUDES THE FOLLOWING ATTACHMENTS, INCORPORATED HEREIN AND MADE A PART HEREOF: Amended Terms and Conditions, Attachment 1 13. STATUTORY AUTHORITY FOR GRANT/ COOPERATIVE AGREEMENT Consolidated and Further Continuing Appropriations Act, 2015, Public Law 113-235, December 16, 2014 14. REMARKS GRANTEE ACCEPTANCE AGENCY APPROVAL 15. NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL 17. NAME AND TITLE OF AUTHORIZED FRA OFFICIAL Ms. Krista Lammers Jamie Rennert Development Services Director, Office of Infrastructure Investment 16. SIGNATURE OF AUTHORIZED GRANTEE OFFICIAL 16A. DATE 18. SIGNATURE OF AUTHORIZED FRA OFFICIAL 18A. DATE Electronically Signed 06/09/2022 Electronically Signed 06/09/2022 AGENCY USE ONLY 19. OBJECT CLASS CODE: 41010 20. ORGANIZATION CODE: 9000000000 21. ACCOUNTING CLASSIFICATION CODES DOCUMENT NUMBER FUND BY BPAC AMOUNT FR-TH-0046-17-01-00 2715170143 2017 0143T15170 0.00 Page 1 AWARD ATTACHMENTS Kalispell, City Of 1. Amended Terms & Conditions, Attachment 1 FR-TI I-0046-17 Attachment 1 to Amendment No. 1 This Amendment No. 1 to Agreement No. FR-TII-0046, revises Attachment 1, Terms and Conditions, and Attachment 4, Estimated Project Budget. The parties, intending to be legally bound, agree to amend their Agreement of July 27, 2017, as follows: 1. In the Grant cover sheet, the funding amounts in Sections 9, 10 and 11 are deleted and replaced with the following TITLE FEDERAL NON-FEDERAL TOTAL 9. PREVIOUS AGREEMENTS $10,000,000.00 $11,175,374.00 $21,175,374.00 10. THIS AGREEMENT $0.00 $880,639.00 $880,639.00 11. TOTAL AGREEMENT $10,000,000.00 $12,056,013.00 $22,056,013.00 2. Section l(d) of Attachment 1, as amended, is deleted in its entirety, and the following is substituted therefor: As negotiated, the Recipient hereby certifies that not less than $12,056,013 in non - Federal funds are committed to fund the project. 3. Section 1(e) of Attachment 1, as amended, is deleted in its entirety, and the following is substituted therefor: FRA Funding Recipient Cash Recipient In -Kind Other Federal Total Project Assistance (45.3391% Contribution (54.6609% Contribution (0% Funding (0% of Funding (100% of Total) + of Total) + of Total + Total) = of Total $10,000,000 $12,056,013 $0.00 $0.00 $22,056,013 4. Attachment 4, Estimated Project Budget, is deleted in its entirety and the following substituted therefor: ESTIMATED PROJECT BUDGET The total estimated cost of the Project in the initial Agreement was $21,175,374, for which the FRA grant would contribute up to $10,000,000 or 47.2247% of the total Project cost. The Grantee was to provide a Non -Federal Contribution composed of cash in an amount up to $11,175,374 or 52.7753% of the total Project cost. FRA will consider the amount the Grantee receives from the sale of salvaged rail and materials as program income under 2 CFR 200.307. The Grantee should apply the deduction method as described in 2 CFR 200.307 unless otherwise instructed by FRA. The Grantee may request reimbursement of pre -award costs incurred by the Grantee on or after January 1, 2016, made in anticipation of the execution of this Agreement, but FRA will only reimburse costs otherwise allowable under the terms of this Agreement. This Amendment No. 1 increases the total Project cost to $22,056,013 with the Grantee providing an adjusted Non -Federal Contribution of $12,056,013.00 or 54.6609% of the total Project cost. The FRA contribution available in this grant will remain up to $10,000,000 with an adjusted 45.3391% of the total Project cost. Any additional expense required beyond that provided in this Agreement (as amended) to complete the Project will be borne by the Grantee. Any cost savings incurred may be shared by the FRA and Grantee, such that the Grantee match may not be decreased below 52.7753% of the total Project cost, as proposed in the Grantee's application for funding and presented in the initial Agreement. Project Estimate by Task The Grantee shall allocate costs by the tasks below, by Federal and matching shares, when seeking reimbursement from FRA. This Amendment No. 1 reflects changes to the Non -Federal contributions for City of Kalispell (Grantee), BNSF, and FCEDA. Task Task Name FRA City of Kalispell BNSF FCEDA Total Cost 1 Professional Services $0 $1,075,469 $0 $0 $1,075,469 2 1 ROW and Property Acquisition $0 $502,597 $0 $0 $502,597 3 Final Engineering Design of Rail $0 $0 $0 $0 $0 Park 4 Final Engineering Design for $0 $0 $0 $0 $0 Kalispell Trail 5 Construction of Rail Park $6,196,091 $6,610,384 $0 $0 $12,806,475 6 Construction of Kalispell Trail $3,803,909 $3,867,563 $0 $0 $7,671,472 Totals $10,000,000 $12,0356,01 $0 $0 $22,056,013 Funding Sources Funding Source Funding Amount FRA Award $10,000,000 BNSF Railway $0 Flathead County Economic Development Authority $0 City ofKalispell $12,056,013 Project Total $22,056,013 14 5. Except as specifically amended hereby, all terms, conditions, and attachments of the original Agreement, as amended, remain in full force and effect and the parties hereto agree thereto. 15