HomeMy WebLinkAboutContract 47636 - , V7 ' = CITY SECRETAW
' CONTRACT MO. 7 u cs�#ao14-16-17s
District#02-Fort Worth
30 Code Chart 64# 15000
�ma� tKORC4� Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For An
URBAN AREA CORRIDOR PROJECT,
DESIGN BUILD
ON-SYSTEM
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation called the 'State", and the City of Fort Worth, acting by and through
its duly authorized officials, called the"Local Government."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.062 establish that the
State shall design, construct and operate a system of highways in cooperation with local
governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Omer Number 113948 and
113162, authorizing the State to undertake and complete a highway improvement generally
described as reconstruct freeway and add managed toll lanes on IH 35W, from IH 820 to IH 30,
called the"Project"; and,
WHEREAS,the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated agmfuzo a , 20 re, which is attached to and
made a part of this agreement as Attachment "A" for the improvement covered by this
agreement. A map showing the Project location appears in Attachment"B", which is attached to
and made a part of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
agreement, it is agreed as follows:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TR
AFA AFA LongGen Page 1 of 11 R10M M
CSJ#0014-16-179
District#02-Fort Worth
Code Chart 64#15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
AGREEMENT
1. Period of the Agreement
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed. This agreement shall remain in effect until the Project is completed
or unless terminated as provided below.
2. Scope of Work
The State will construct, install, and maintain a 72-strand fiber optic line (36-strand for the City
and 36-strand for the State)within a 1.50 inch conduit with long-sweeping 90 degree bends
from the north Tarrant County/Denton County line to the SAT 4 building at IH 30. Both
connection points will be terminated and will not be spliced and certain traffic control boxes will
have a two-strand pigtail.
3. Local Project Sources and Uses of Funds
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 Federal or State government, the Local Government, or other parties are shown in
Attachment'C". The State will pay for only those project costs that have been approved by
the Texas Transportation Commission. 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 100°x6 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
Qualif radon 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. The 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
AFA-AFA_LonaGen Page 2 of 11 Revised 07/22/2015
CSJ#001416-179
District#02-Fort Worth
Code Chart 64# 15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
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, otherwise provided for in this agreement or approved
otherwise in an amendment to this agreement. Where a Special Approval has been signed
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.
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. 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. The funds may only be applied by the State to the Project.
H. 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 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.
I. The State will not pay interest on any funds provided by the Local Govemment.,
J. 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.
K. If the Project has been approved for a specified percentage or a "periodic payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment
C will clearly state the specified percentage or the periodic payment schedule.
L. If the Local government is an Economically Disadvantaged County(EDC)and if the State
has approved adjustments to the standard financing arrangement, this agreement reflects
those adjustments.
M. When a Special Approval has been signed 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 the receipt of the State's written
notification of those amounts.
N. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this contact 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.
AFA-AFA LongGen Page 3 of 11 Revised 071=015
CSJ#001416-179
District#02-Fort Worth
Code Chart 64# 15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
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.
P. 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.
Q. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
agreement.
4. Termination of this Agreement
This agreement shall remain in effect until the project is completed and accepted by all parties,
unless:
A. The agreement is terminated in writing with the mutual consent of the parties;
B. The agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of preliminary
engineering, specifications, and estimates (PS E)and the Project does not proceed
because of insufficient funds, in which case the Local Government agrees to reimburse the
State for its reasonable actual costs incurred during the Project; or
D. The Project is Inactive for thirty-six (36) months or longer and no expenditures have been
charged against federal funds, in which case the State may in its discretion terminate this
agreement.
5. Amendments
Amendments to this agreement due to changes in the character of the worse, terms of the
agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment.
6. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
agreement and shall be cumulative.
7. Utilities, WA
The Local Govemment shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies, and procedures,
including any cost to the State of a delay resulting from the Local Government's failure to
ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning
of construction. The Local Government will not be reimbursed with federal or state funds for
the cost of required utility work. The Local Government must obtain advance approval for any
variance from established procedures. Before a construction contract Is let, the Local
Government shall provide, at the State's request, a certification stating that the Local
AFA-AFA LongGen Page 4 of 11 Revised 07/22/2015
CSJ#0014-16-179
District#02-Fart Worth
Code Chart 64# 15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
Government has completed the adjustment of all utilities that must be adjusted before
construction is completed.
8. Environmental Assessment and Mitigation, N/A
Development of a transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance
of federal-aid projects.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by
this agreement.
B. The Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
C. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment. Public hearings will not be
held prior to the approval of project schematic.
D. The Local Government is responsible for the preparation of the NEPA documents required
for the environmental clearance of this Project.
E. Before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility
requirements to be consistent with minimum accessibility requirements of the Americans with
Disabilities Act(P.L. 101-336)(ADA).
10. Architectural and Engineering Services
The State has responsibility for the performance of architectural and engineering services.
The engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges and the
special specifications and special provisions related to IL For projects on the state highway
system,the design shall, at a minimum conform to applicable State manuals. For projects not
on the state highway system, the design shall, at a minimum, conform to applicable American
Association of State Highway and Transportation Officials design standards. In procuring
professional services, the parties to this agreement must comply with federal requirements
cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code
2254, Subchapter A, in all cases. Professional contracts for federally funded projects must
conform to federal requirements, specifically including the provision for participation by
Disadvantaged Business Enterprises(DBEs), ADA, and environmental matters.
11. Construction Responsibilities
A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate
the bids, and award and administer the contract for construction of the Project.
Administration of the contract Includes the responsibility for construction engineering and
AFA-AFF, LongGen Page 5 of 11 Revised 07/2212015
CSJ#001416-179
District#02-Fort Worth
Code Chart 64# 15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
for issuance of any change orders, supplemental agreements, amendments, or additional
work orders that may become necessary subsequent to the award of the construction
contract. In order to ensure federal funding eligibility, projects must be authorized by the
State prior to advertising for construction.
B. The State will use its approved contract letting and award procedures to let and award the
construction contract.
C. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion"acknowledging the Project's construction completion.
D. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Subpart B.
12. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system, including the fiber optic line, after completion of the work if the work was on the state
highway system, unless otherwise provided for in existing maintenance agreements with the
Local Government.
13. Right of Way and Real Property
The State is responsible for the provision and acquisition of any needed right of way or real
property.
14. 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:
Assistant City Manager Director of Contract Services Office
City of Fort Worth Texas Department of Transportation
1000 Throckmorton Street 125 E. 11th Street
Fort Worth, TX 76102 Austin, Texas 78701
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 charge 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.
AFA AFA LongGen Page 6 of 11 Revised 07122/2015
CSJ#0014-16-179
District#02-Fort Worth
Code Chart 64# 15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
15. Legal Construction
If one or more of the provisions contained in this agreement shall for any reason be held
invalid, Illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provisions and this agreement shall be construed as if it did not
contain the invalid, illegal, or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Govemment agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives, and
agents.
17. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made
available to the State without restriction or limitation on their further use. All documents
produced or approved or otherwise created by the Local Government shall be transmitted to
the State in the form of photocopy reproduction on a monthly basis as required by the State.
The originals shall remain the property of the Local Government. At the request of the State,
the Local Government shall submit any information required by the State in the format directed
by the State.
18. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in
any manner affecting the performance of this agreement. When required, the Local
Government shall furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the agreement's subject
matter.
20. Cost Principles
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.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established In Title 49 CFR§18.32.
22. inspection of Books and Records
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 Govemment* and, If federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
AFAAFA LongGen Page 7 of 11 Revised 0712212015
CSJ#0014-16-179
District#02-Fort Worth
Code Chart 64# 15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
authorized representatives for review and inspection at Its office during 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.
23. Civil Rights Compliance
The Local Government shall comply with the regulations of the United States Department of
Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200),
and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive
Omer 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).
24. Disadvantaged Business Enterprise (DBE) Program Requirements
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.
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
httn://fto.dot.state.b(.us/pub/txdot-info/boi)/dbe/mou/mou attachments.odf.
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.C. 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 cant'out
applicable requirements of 49 CFR Part 261n the award and administration of DOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
AFA-AI=A LongGen Page 8 of 11 Revised 07122/2015
CSJ#0014-18-179
District#02-Fort Worth
Code Chart 84# 15000
Project IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
breach of this agreement, which may result In the termination of this agreement or such
other remedy as the recipient deems appropriate.
25. Debarment Certifications
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
Programs under Executive Order 12549, "Debarment and Suspension." By executing this
agreement, the Local Govemment certifies that it and its principals are 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.
26. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory's knowledge
and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties
to any person for Influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with federal contracts, grants, loans, or cooperative agreements,
the signatory for the Local Government shall complete and submit the Federal Standard
Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements)and all sub-reciplents shall certify and
disclose accordingly. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
27. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performing the work shall provide the State
with a fully executed copy of the State's Form 1580 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
AFA AFA Loren Page 9 of 11 Revised 07/22/2015
CSJ#0014-16-179
District#02-Fort Worth
Code chart 64#15000
PmJect: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
28. Federal Funding Accountability and Transparency Act Requirements
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:
htto://www.aoo.aov/fdsys/akg/FR-2010-09-14/pdf/2010-22705 2df and
hftp://www.qpo.ciov/fdsys/oka/FR-2010-09-14/adf/2010-22706.o
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM)number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: httos://www.sam.agytggl aUoublic/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)number, a
unique 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
entities required to do so by visiting the Dun & Bradstreet(D&B) on-line registration
website http://fedgov.dnb.com/webfbrm; and
3. Report the total compensation and names of its top five(5)executives to the State if:
I. More than 806 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.
29. Single Audit Report
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 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 Stmt,Austin, TX 78701 or contact TxDOT's Audit
Office at htto:ffwww.bWot.gov/inside-txdot/ofik*laudit/gntact.html. The expenditure
threshold for fiscal years beginning prior to December 31, 2014 Is $500,000; the
expenditure threshold for fiscal years beginning on or after December 31, 2014 is
$750,000.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Govemment must submit a statement to TxDOTs Audit Office as follows: "We did not
meet the$ 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.
AFA AFA.LvngGen Page 10 of 11 Revised 07/22/2015
CSJ#0014-16-179
District#02-Fort Worth
Code Chart 64#15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
30. 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.
Vol
THE LOCAL GOVERNMENT
ATTEST: j C' � of Fort Worth
i e pt$ Jesus J. Chapa
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY APPR (Al- RECOMMENDED
By By L tfw
Assistant City Attorney D-1M&OL Dougla W. Wiersig, P.E.
At
Director
4-C, �" 2p6 Transportation and Public Works
f 5��16
Ike: rad- 7
THE STA F T S
Ken th tewart
Director of Contract Services
Texas Department of Transportation
4i4
Date r
AFA-AFA LongGen Page 11 of 11 Revised 07/2212015
CSJ#0014-16-179
District#02-Fort Worth
Code Chart 64# 15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
AFA AFA LongGen Page 1 of 1 Attachment A
A Resolution
NO. 4563-01-2016
A RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT ADVANCE
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN
THE AMOUNT OF $828,389.00 TO CONSTRUCT, INSTALL AND MAINTAIN A
COMMUNICATION SYSTEM IN THE I.H.35W CORRIDOR FROM DOWNTOWN FORT
WORTH TO DENTON COUNTY LINE
WHEREAS, A Master Funding Agreement between the City of Fort Worth ("Local
Government") and the Texas Department of Transportation ("State") has been adopted and states
the general terms and conditions for transportation projects developed through a Project
Advanced Funding Agreement; and
WHEREAS, the Texas Transportation Commission passed Minute Order 113948, dated
May 29, 2014 and Minute Order 113162, dated August 30, 2012 authorizing the State to
undertake and complete improvements on I.H.35W to include construction, implementation and
maintenance of the I.H.35W Communication System (Project) described herein; and
WHEREAS, the City of Fort Worth desires to enter into a Project Advance Funding
Agreement with the Texas Department of Transportation for construction, implementation and
maintenance of a communication system on I.11.35W from downtown to Denton County Line; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH THAT:
The City Manager or his designee is authorized to execute a Project Advance Funding
Agreement with the Texas Department of Transportation in the amount of $828,389.00 for
construction, implementation and maintain a communication system through August 31, 2061 of a
72-strand fiber optic communication system (36-strand for the City of Fort Worth and 36-strand
for the State) in the I.H.35W Corridor from downtown Fort Worth to Denton County Line.
Adopted this 26th day of January, 2016.
ATTEST:
,a'��b6pfiCooptf���hA
0
pint
By.
o °
Mary y er, City Secretary �� oQ°o pooa° �d
t, X
RT WO T
MAYOR AND COUNCIL COMMUNICATION MAP
I.H.35W CORRIDOR MANAGEMENT SYSTEM
U% GATE
s.l F - ,d W'A!
`4� 1 1 . ,.1 ny udeR ,Y
f�Dph yi
• NNoand
q Oma Off( 1 { `
--
l
,�- 4 F;a' t���,.•. .: �+*--,,�� �,� �� 4' �y ^�� _.off Wbstlake
�-,,b,4O ' I 4� DOVE S
WESTPORT WESTPORT
AVGN"LE z ��:
Hll$I,Et -!4= W as let i ,'_ -; , ii� ie t� t # a
�I � � ,'�, t•�. - _; � O�w 6F �,:. �H•� � L 4� r �'-_s ��r�` 1�'� W�"1: �L10
,�'..
0s !
�O lo
zyl
�
1SlFY e7 I. 3C 1J .
� - -
ir--BLUE '�-
,' -_ J � o)-,, HNS N
x 40
c= �— �; i Qe� .' � , -oc the k
J- � - w
` _ KELLER;-'� '
d e9 cre Rrri Ell l � 0-
OLDEN
a� L� w t� G 'TRIAN�', g >
BONDS,_- o
BGHOs 'B°
• RANCH
RANCH
m 7; ! s.-, iT=�Z.HERITAG {1RACE� _ 7 77 Fj RAPT Y
�r
BAY u }�, � � ! �` �,_- _
E rc V S 1 ;typRTjH,ui
u
-j
BOAT HARMON `i"y
•CLUB • A,.y�' Si
4 � y t 7
-
WJ
�-
= � 21
WATAUGA
m f ol�w'L MCLEROY - �,,, a �qR 9 A_ t. F.� Z
it "� _
co U
O
m — ,r _ gam;'LL T.T HARWOO
yRAILNul
EAD.I,.Ju. BEDFORD �EULES
>i . a Y MCLEAN
{ `PIPELINE r
,�?r NAM GLENVIEW
: „l Yf f�• �S 'S uj
W v bVlNp ^ `�FtINITY
fitr 'a
7.
MIDWAY -
_� Y, t
,j 37 a , -�` RANDOL
' s1` ( q Ck`580. tii'' _ } PQ 21 SOV Z ` .MN I
CN z JOA, J
�r ITE-
SRI
�� F
x w • '�..(� T �� C.- '~,},'`t - 't `,
WeW 8 SE Tt \ qSN AY EDERVILLE'.
Of' WHITEY FMFNT a
'4"L8
J8 III i
Z. jj
O 2000 I,DDD e.ODO 12.000 18,000
CwRa+mlSCIX«�arc`ww.urewr,rn r4r�en b•vbl•6on o/.pplubY bN•.
1w Paawrerwmrarwva....+.+rnau.e...asn+..arae..vi.a.er!.aF!..q+*.eu.or.u..rkro 1 � � � 1 1 ( 1 Ft
pupr..ryr•nAn4rsr.rn onUeVoud v+.F.rd I•p1.M••aa1F Cr•VPra•r,•Y rWrY•bcaDen•/praprry b•ur,dra.•.
11M Cyar FaM NRT.ransrs rMnwleMl'W tlM•a••r.7a/rW 6.3.
CSJ#001416-179
District#02-Fort Worth
Code Chart 64#15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
Project
Corridor
s. axe
w
a
n
�I
r
Rnal CFW Ground Bort Amen PMrnet to be approved
for Construction by Brs DbacW of Transportatlon&PubYc Warks.
As bulk piens W al CFW WourW boa amen pow to be
ixerpmsted to thb agreement upon substardW compkbom
AFA-AFA LongGen Page 1 of 1 Attachment B
CSJ#0014-16-179
District#02-Fort Worth
Code chart 64#15000
Project: IH 35W Fiber Optic
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET
Costs will be allocated based on a fixed amount of Local Government funding until Local Government
funding reaches the maximum obligated amount. The State will then be responsible for 100° of the
costs.
Description otal ederal tate oral
stimated artici abon Participation artici ation
ost ost st ost
Work Performed by the State
egment 3A Conduit, 00,000 0 0 600,000
ib
3A& 3B
egment 3B, Conduit 178,389 0 0 178,389
r ::I
Segment 3C, Fiber j50,000 0 0 $50,000
Subtotal i828,389 0 0 $828,389
Environmental Direct io 0 0 0
State Costs
Right of Way Direct 0 Q 0 0
State Costs
Engineering Direct 0 0 0 0
State Costs
Utility Direct State 0 0 0 0
Costs
Construction Direct so 0 0 0
State Costs
Indirect State Costs so 0 0 0
TOTAL 828,389 PO 10m,389
Initial payment by the Local Government to the State: $828,389.00
Total Local Government Participation = $828,389.00
AFA-►FFA LongGen Page 1 of 1 Attachment C
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRo
COUNCIL ACTION: Approved on 1/26/2016 - Ordinance No. 22061-01-2016 & Resolution No.
4563-01-2016
REFERENCE *„ 20_I.H. 35W
DATE: 1/26/2016 NO.: C-27606 LOG NAME: COMMUNICATION SYSTE=M
(TXDOT)
CODE: C TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Adopt Resolution Authorizing Execution of a Funding Agreement in the Amount of
$828,389.00 with the Texas Department of Transportation for Construction, Installation
and Maintenance of a Communication System in the IH-35W Corridor from Downtown to
Denton County Line, Authorize Payment to the Texas Department of Transportation in
the Amount of$828,389.00 and Adopt Supplemental Appropriation Ordinance (2014
BOND PROGRAM) (COUNCIL DISTRICTS 2, 4, 7, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing the execution of a Funding Agreement in the amount of
$828,389.00 with the Texas Department of Transportation for construction, installation and maintenance of
a communication system in the IH-35W Corridor from downtown to Denton County Line;
2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the 2014 Bond Program Fund in the amount of$900,000.00; and
3. Authorize a payment to the Texas Department of Transportation in the amount of$828,389.00 in
accordance with the Funding Agreement.
DISCUSSION:
Over the last year, Staff has been working with the Texas Department of Transportation (TxDOT) to
construct, install and maintain a communication system for the City of Fort Worth as part of the current
construction underway in the IH-35W Corridor. The Funding Agreement advances implementation of the
City's 32-strand Fiber Optic Communication System as part of a larger corridor Traffic Signal
Communication Management System that will tie into the City's communication network and allow Staff to
remotely monitor traffic conditions and adjust frontage road signal timing without dispatching field crews.
Staff estimates this partnership with TxDOT will save the City of Fort Worth approximately 50 percent of
the construction and installation costs compared to the City of Fort Worth constructing and installing a
stand-alone project. This project is funded with 2014 Capital Improvement Program (CIP) proceeds for
traffic signals. However, since this project was not included in the 2016 5-Year CIP, Staff recommends
bringing forward funds from the 2017 5-Year CIP Traffic Signal funding for future projects so that this
project can move forward.
Construction on Segments 3A and 3B began in 2013 and is scheduled for completion in 2017/2018.
Segment 3C is planned to begin construction in 2016 with an estimated completion date of 2020.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21748&councildate=1/26/2016 3/30/2016
M&C Review Page 2 of 3
IH-35W - NORTH TARRANT EXPRESS SEGMENT 3
IH-35W Corridor From: To: Approx... Length
Segment 3A US 287/I1-1-30 IH-820 6.2 miles
Segment 3B IH-820 US 81/287 4.0 miles
Segment 3C US 81/287 Denton County Line 5.0 miles
IH-35W Corridor Management System Costs
DESCRIPTION TOTAL COST FED/STATE COST LOCAL COST
Segment 3A(Conduit & Fiber) $600,000.00 $0.00 $600,000.00
Segment 3B Fiber
Segment 3B Conduit $178,389.00 $0.00 $178,389.00
Segment 3C Fiber . $50,000.00 $0.00 $50,000.00
Sub-Total Cost: $828,389.00 $0.00 $828,389.00
Contingency & City Staff $71,611.00 $71,611.00
Sub-Total Cost: $71,611.00 $0.00 $71,611.00
Total Project Cost: $900,000.00 $0.00 $900,000.00
`Note: 1 Segment 3C ($50,000.00 Fiber Only--Conduit Provided by TxDOT)
TxDOT will manage the project construction and installation of the City-owned communication fiber, in
accordance with the Agreement.
TxDOT will maintain the City-owned fiber optic line through August 31, 2061, at which time the City will be
responsible for the operation and maintenance of the communication fiber optic line.
This project is included in the 2014 Bond Program. Available resources within the General Fund will be
used to provide interim financing for these expenses until debt is issued. Once debt associated with this
project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond
election (Ordinance No. 21241-05-2014).
This project is located in COUNCIL DISTRICTS 2, 4, 7, 8 and 9, Mapsco 76J, 76K, 76L, 76M, 77J, 77K,
77L, 77M, 78J, 78K, 78L and 78M.
This contract will be with a governmental entity, state agency or public institution of higher
education: TXDOT.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the supplemental appropriation, funds will be included in the Fiscal Year 2016, 2014 Bond
Program and funds are available in the General Fund to pay expenses that will be incurred under this
funding until reimbursement can occur from the issuance of public securities..
Pending
Fund Appropriation Traffic Signals Total Expenditures/ Remaining
Through FY2016 Project Allocation Encumbrances Balance
34014 $ 4,688,546.00 $ 10,000,000.00 $ 1,665,303.00 $ 8,334,697.00
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartrield 2)
34014 1 200431 5740010 100028 007480 1 2016 14010209 $900,000.00
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21748&councildate=1/26/2016 3/30/2016
M&C Review Page 3 of 3
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID Year Chartfield 2
3 34014 1 0200431 5740010 100028 007480 2016 14010209 $828,389.00
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Alonza Linan (8009)
David Jodray (2891)
ATTACHMENTS
20 I.H. 35W COMMUNICATION SYSTEM (TXDOT) 34014 A016.docx
MAP 35W Communication System (2).pdf
Resolution IH35W Communication System(Rev 1.07.16).doc
http://apps.cfwnet.org/council_packct/mc_review.asp?ID=21748&councildate=1/26/2016 3/30/2016