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Home My WebLink AboutContract 47636-A1 12gM CSJ#0014-16-178 A� District#02 Fort Worth ,y Code Chart 64#15000 HCE'vE� Project:IH-35W Fiber Optic&Continuous lighting QE W Federal Highway Administration VA_A 01 ,p CFDA Title:Highway Planning and Construction tSy pf Fovjwm% N rCh CFDA No.:20.205_ SECPNot Research and Development ST XAS § CITY CONTRACT l� CT NO. COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT# 01 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 February 25, 2016 to effectuate their agreement for the State to construc , install, and maintain a 72-strand fiber optic line (36-strand for the City and 36-strand for the S ate) 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; 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 I. Article 2 Scope of Work is deleted in its entirety and replaced with the following revised Article: 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.The State will construct a continuous lighting system for all segments of the North Tarrant Express, which is constructed and operated under a Comprehensive Development Agreement. AFA—AFA—Amend Page 1 of 10 Revised 03/23/16 CSJ#0014--16-179 District#02 Fort Worth 'Code Chart 64#15000 Project:IH-35W Fiber Optic&Continuous Lighting Federal Highway Administration CFDA Title:Highway Planning and Construction CFDA No.:20.205 Not Research and Development ll. Attachment C, Project Budget page is deleted in its entirety and replaced with Attachment C-1, Project Budget page which is attached to this agreement. The new Project Budget page increases the project from $828,389.00 by$1,000,000.00 to $1,828,389.00, these funds are from the Local Government to construct a continuous lighting system for all segments to the project. Ill. Article 3. Local Project Sources and Uses of Funds -the Articles 3.E. and 3.M. are deleted in their entirety and replaced with the following: 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 Special Approval has been granted 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. M. When Special Approval has been granted 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. IV. Article 14. Notices is deleted in its entirety and replaced with the following: 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 City of Fort Worth Texas Department of Transportation 1000 Throckmorton Street 125 E. 11 cn Street Fort Worth,Texas 76102-6312 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 change 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 Amend Page 2 of 10 Revised 03/23/16 CSJ#0014—i6-179 District#02 Fort Worth Code Chart 64#15000 Project:IH-35W Fiber Optic&Continuous Lighting Federal Highway Administration CFDA Title:Highway Planning and Construction CFDA No.:20.205 Not Research and Development V. Article 23. Civil Rights Compliance is deleted in its entirety and replaced with the following: 23. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts. including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives Issued pursuant thereto, and will permit access to its books, records, accounts, other sources of Information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. AFA—AFA Amend Page 3 of 10 Revised 03/23/16 CSJ#0014—16—179 District#02 Fort Worth Code Chart 64#15000 Project:IH-35W Fiber Optic&Continuous Lighting Federal Highway Administration CFDA Title:Highway Planning and Construction CFDA No.:20.205 Not Research and Development F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. VI. Article 29. Single Audit Report is deleted in its entirety and replaced with the following: 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 of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter(if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside- txdot/office/audit/contact.html. C. If expenditures are less than the threshold 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 $ expenditure threshold and therefore, are not required to have a single audit performed for FY11 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 Amend Page 4 of 10 Revised 03/23/16 CSJ#0014—16—179 District#02 Fort Worth Code Chart 64#15000 Project:IH-35W Fiber Optic&Continuous Lighting Federal Highway Administration CFDA Title:Highway Planning and Construction CFDA No.:20.205 Not Research and Development VII. Article 30. Pertinent Nan-Discrimination Authorities is deleted in its entirety and replaced with the following: 30. Pertinent Non-Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. AFA--AFA Amend Page 5 of 10 Revised 03/23116 CSJ#0014—16-179 District#02 Fort Worth Code Chart 64#15000 Project:I1-1-35W Fiber optic&Continuous Lighting Federal Highway Administration CFDA Title:Highway Planning and Construction CFDA No.:20.205_ Not Research and Development 1. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vi, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). VIII. Attachment B, Project Location Map, Is deleted in its entirety and replaced with the Attachment B-1, Project Location Map, which is attached to this agreement. VIIII. Attachment A, Resolution or Ordinance is modified by adding the Attachment A-1, Resolution or Ordinance, which is attached to this agreement. All other provisions of the original contract are unchanged and remain in full force and effect. AFA—AFA Amend Page 6 of 10 Revised 03123/16 C$J#0014-16 179 District#02 Fort Worth Code Chart 64# 15000 Project:IH-35W Fiber Optic&Continuous Lighting Federal Highway Administration CFDA Title:Highway Planning and Construction CFDA No.:20.205_ Not Research and Development 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 �oF'FoRT� ATT U` `.� City of Fort Worth City ec ry Jesus J. Chapa AS Assistant City Manager APPROVED AS TO FORM AND LEGALITY PPROVAL RES MMENDED By By 6j, Cj Assistant City Attorney Douglas,9V.Wiersig, P.E. Director Transportation and Xlic Works Date: THE STAT XAS M;r= Kenneth Stewart Director of Contract Services CITY ATTORNEY Texas Department of Transportation h44.r_ e— U1 G T Date AFA—AFA_Amend Page 7 of 10 Revised 03/23/16 CSJ#0014—16—179 District#02 Fort Worth Code Chart 64#15000 Project:IH-35W Fiber Optic&Continuous Lighting Federal Highway Administration CFDA Title:Highway Planning and Construction CFDA No.:20.205_ Not Research and Development ATTACHMENT A-1 Resolution or Ordinance AFA—AFA Amend Page 8 of 10 Revised 03/23/16 CSJ#0014—16—179 District#02 Fort Worth Code Chart 64#15000 Project:IH-35W Fiber Optic&Continuous Lighting Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT B-1 Project Location Map IL N Tia �. rtlrarsackrpgrt- a iide, a f U_ I It. q e r r 1 ^ i {' ;,-T-777 e 1 R . p v T 1 *' y , -7 _ r 2 - • sr AFA—AFA Amend Page 9 of 10 Revised 03/23/16 CSJ#0014-16-179 District#02 Fort Worth Code Chart 64#15000 Project:IH-35W Fiber Optic 8 Continuous Lighting Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205_ Not Research and Development ATTACHMENT C-1 PROJECT BUDGET IH-35W FIBER OPTIC & CONTINUOUS LIGHTING Costs will be allocated based on a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State Government will then be responsible for 100% of the costs. Description Total Estimated Federal State Participation Local Participation Cost Partici ation Cost Cost Cost Work Performed by the State Segment 3A Conduit, $500,000 $0 $0 $600,000 Fiber 3A & 3B II Segment 313, Fiber $178,389 $0 $0 $178,389 Segment 3C, Fiber $50,000 $50,000 All Segments Continuous Lighting $1,000,000 $0 $0 $1,000,000 System Subtotal $1,828,389 $0 $0 $1,828,389 Environmental $0 $0 $0 $0 Direct State Cost Preliminary Engineering $0 $0 $0 $0 Direct State Cost Construction $0 $0 $o $0 Direct State Cost Indirect $0 $0 $0 $0 State Cost Subtotal $0 $0 $0 $0 TOTAL $1,828,389 $0 $0 $1,828,389 Initial payment by the Local Government to the State: $1,828,389.00 Total Local Government Participation= $1,828,389.00 AFA-AFA_Amend Page 10 of 10 Revised 03/23/16 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION:` Approved on 1/26120/6 -'Ordinance No. 22061-01=2016 & Resolution, No: 4563-01-2016 DATE: Tuesday, January 26, 2016 REFERENCE NO.: **C-27606 LOG NAME: 20—I.H. 35W COMMUNICATION SYSTEM (TXDOT) 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 1H-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. Logname: 20 I.H. 35W COMMUNICATION SYSTEM (TXDOT) Page 1 of 3 IH-35W-NORTH TARRANT EXPRESS SEGMENT 3 IH-35W Corridor From: I To: Approx... Length Segment 3A US 287/I1-1-30 [--IH-820 16.2 miles Segment 313 IH820 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 r FED/STATE COST I LOCAL COST Segment 3A (Conduit & Fiber) (� $600,000.001 $0.00 $600,000.00 Segment 313 (Fiber) I _ Segment 313 (Conduit) $178,389.00 ---� $0.00 $178,389.00 Segment 3C (Fiber) * 1$50,000.00 $0.00 $50,000.00 r_ Sub-Total Cost: $828,389.001 $0.001 $828,389.00 Contingency & City Staff 1 $71,611.00 $71,611.00 Sub-Total Cost:(— $71,611.00 _$0.001 $71,611.00 Total Project Cost: F $900,000.00 $0.0.0 $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. Logname: 201.1-1. 35W COMMUNICATION SYSTEM(TXDOT) Page 2 of 3 — ---- Pending Fund Appropriation Traffic Signals Total Expenditures/ Remaining Through FY2016 Project Allocation Encumbrances Balance 34014 $ 4,688,546.00 $ 10,000,000.00 $ 1,6651303.00 ($ 8,334,697.00 FUND IDENTIFIERS (FIDs): TO Fund Departmentccoun Project IProgramlActivity Budget Reference # Amount ID r ID I I Year I (Chartfield 2 340141 0200431 157400101 100028 1 1007480 1 2016 1 14010209 $900,000.00 FROM Fund Department lAccounProject Program ctivity Budget Reference # Amount ID f I IDI I Year Chartfield 2 M 340141 0200431 157400101 100028 1 1007480 1 2016 1 14010209 $828,389.0 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas W. Wiersig (7801) Alonza Linan (8009) Additional Information Contact: David Jodray (2891) Logname: 20 LH. 35W COMMUNICATION SYSTEM(TXDOT) Page 3 of 3 W/WA OI AN1G0 CUUNICaIL CO(fid W(UJML AL►i[l(DINI 110118W I.H.35W CORRIDOR MANAGEMENT SYSTEM d r I Fern •.� u�RO iEWAY r MA1i{yY �Tophyl VV I S',e }..I� ANN a...a.. .. n' omJaS� nt �n �\ I; CRA CE -,{l1 --- k��u�' t1`O�O�., r FR ^y6 '� L�� •� r I Fy Ij .,^ = Y 4L'ir. ti,r;.a � ' 1 ,P3�ljf'�`` ^p\P i �I �'• _ tjl � lull - a a _ DOVE i_Q1 J t - i�'-1 r� /. NF&=1_.J_��I - — 0 J 0 1 r W WESTPO A r (\�1,.! A LE h-` WEST_PORT o H E v'i -TZ Haslet - - �' • 'I� i / w } .g t- �O• 'I�•{'- T BUJ 1ri I' l��r 0 E �L0 , T NSLEY ` t4 073C I k—i 14 BLUE si S• ` 11,I ( - J rr f I (MOUND ( f ! r;7 1 pt LY y 3 UAI •+ .� LACY .. r `E�LR'�S I Q�'ty -( /'�! -.. OHNSO L .�...- 4�—'r 1g�l Hs . 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N ER 1 F I,R. aTU W 4 CROMWELT. F \ '9 Y' 70 r y ,i. ! !•': - OL z4 MARINE WHIT � zI 6.J [0 U CREEK 1 r I .:h y,, 9 ' .,.. CREE f `.'r4 w i IRISH y-.• Z LONGHORN•(( 'EDSTR_A G `I // . ..� 1 1 -. r _ l- .� l -.I iu� 1 w I £F m I u. LL o 1 Ijj�ljl ji f lX FIARW��O m rF D ° RA}LHEAD.r :a ai I 111 1 _ 1ti. 1 Fi _ _ LQOP + =h, C ml� �Q .�:-: �^ ( DFORD .EULE MCLEAN 1 ' -- t\--o:- GLEN I BE o: CHq�} ^'ll a 11 G NVIEW PIPELINE` G I - t~ TERMINAL I = r_ 7 �• I (� 1(} 1{` E e a /jtl ti X��ro OALoww � 9 T J } 4h t O f . '0 MIDWAY pJ� 1 1 OeI �1 !83 26711 o Or-,0., 123\ - t iqII1�,�tlY !_ BOL gOLtYCKs } ,01�1�ttii- 7� gyp? 21DE tem -1i it O \�'. z O0v j \, M C 'JOHNS o 1 \9 — lr t a Oma <I f it aO �1 } - T P _ rIST WHITE, 1ST' 1ST I i Ilf �WG'ISr11y 0!r 1 II B •� SET_tC �- LIM ATNF - BRIDGEf �7 kms' r. ti WHITE �FME Y ED it (LLE 1 �f I It NT "2 i ,- F,N1 PARK . , `_-, 1 ': , JIS z � u t I Y— r t4 if i , S /� �1� 7T }� l s a 1 _ W O 1 1 .•Z �> Qa`` Y YPgL _ �. GPt�Q\� z U r n o r� l ,• L l \� , --`Z` I ',u, _ 0: O HH FRN z r � c, A o CRAIG a o TERRELL!I , copl,gM 2ol5 cry of FarlYNin.UrvWarkea npratluwen laa rElaOan ofepplueb leas. 0 2,000/,COO 0,000 12,000 16,000 Mapradurilakr hk,m 1—l"po:s.M-y rolMroEesn prepsrt0 br or 6e fuUDle tarleysl,emheerhp,or aunsllnp I 1 L 1 I I I f Ft pupoae•Ytlasa rot npreunl an an;Mgrauadv,.yar-0npwunta a•Jy Ns appro+kas regime bcaCnn otprapeM EaunOaln. Ine Ciyof Fort NbM•ssamesm reaponal Elly Tor Ne•¢wary or Wtl tlala. ORDINANCE NO. 22061-01-2016 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE 2014 BOND PROGRAM FUND IN THE AMOUNT OF $900,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF THE I.H. 35W COMMUNICATION SYSTEM PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2015-2016 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the 2014 Bond Program Fund in the amount of $900,000.00, fiom available funds, for the purpose of the construction, installation, and maintenance of the I.H. 35W Communication System project. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Douglas W. Black Maty J. s , Sr. Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: January 26,2016 Ordinance No.22061-01-2016 Page I of l City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 41412017 - Resolution No. 4765-04-2017 DATE: Tuesday, April 4, 2017 REFERENCE NO.: **C-28167 LOG NAME: 20FIBER LIGHTING SUBJECT: Adopt Resolution Authorizing Execution of Amendment No. 1 to the Funding Agreement with the Texas Department of Transportation, City Secretary Contract No. 47636, in the Amount of$1,000,000.00 for Construction, Installation and Maintenance of a Continuous Lighting System in the IH-35W Corridor from Downtown to Denton County Line and Authorize Payment to the Texas Department of Transportation in the Amount of$1,000,000.00 (COUNCIL DISTRICTS 2, 4, 7, 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing the execution Amendment No. 1 to the Advance Funding Agreement in the amount of$1,000,000.00 with the Texas Department of Transportation for construction, installation and maintenance of a continuous lighting system in the IH-35W Corridor from downtown to Denton County Line; and 2. Authorize a payment to the Texas Department of Transportation in the amount of$1,000,000.00 in accordance with the amended Advance Funding Agreement (City Project No. 100557). DISCUSSION: In conjunction with the freeway improvements along IH 35W corridor, Staff has been working with TxDOT to provide freeway lighting throughout the corridor from downtown to the Denton County Line. Continuous freeway lighting is typically the responsibility of the local municipality which has been the case of lighting along IH 35W from downtown to IH 820. This amendment will provide continuous freeway lighting from downtown to the Denton County line, and includes operations through August of 2061, a 44 year time period. A one-time single lump sum payment to TxDOT of$1,000,000.00 will cover all City costs associated with this freeway lighting - allowing North Tarrant Express to perform these services. This Agreement offers significant savings as compared to our typical Agreements with TxDOT where the City performs the maintenance. On January 26, 2016, (M&C C-27606)the City Council authorized an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) to provide a shared communication system from IH-30 to the Denton County Line in the IH-35 corridor. Staff is recommending this amendment to the original Advance Funding Agreement to provide additional funding for the continuous lighting system project. Funding for the Agreement is included in FY2017 PayGo appropriations. This contract will be with a governmental entity, state agency or public institution of higher education: TxDOT. I.ognaune: 20FI11F.R LIGHTING Page I of 2 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of this recommendation, funds will be available in the current capital budget, as appropriated, of the General Capital Projects Fund and does not result in any additional appropriations. FUND IDENTIFIERS (FIDs): TO - - J - -- � ------ --- Fund De IrtDment ccoun I PriDectJFPnagnam ctivi 1Budget ( Reference # moun___ Year f Chartfield 2 JtY FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID _ _� _ Year hartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Bryan Beck (7909) Lognaine: 20FIBER LIGHTING Page 2 of 2 Continuous Lighting Exhibit CJS: 0014-16-179 Ea91e P,�k� � 114' N 114 Ft.Worth �g - A AlpanceAir ort �.� 17p 28 M i '1 28 { s E j o� V .. G m Z Mecham tnr'lAlrport 121 121 fYavafAirStafion JolntReserve Base A 1 Lum4 St. 49 A Resolution NO. 4765-04-2017 A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $1,000,000.00 TO CONSTRUCT, INSTALL AND MAINTAIN A CONTINOUS LIGHTING 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 Continuous Lighting System (Project) described herein; and WHEREAS, on January 26, 2016 (M&C C-27606) the City Council authorized the execution of an Advance Funding Agreement with the State in the amount of $828,389 for the construction, installation and maintenance by the State of a communication system in the IH-35W corridor from Downtown Fort Worth to the Denton County Line (City Secretary Contract No. 47636); and WHEREAS, the City of Fort Worth desires to amend the Advance Funding Agreement with the Texas Department of Transportation to provide additional funds, and to make additional technical amendments, for construction, implementation and maintenance of the continuous lighting system on I.H.35W from Downtown Fort Worth to the 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 Amendment No. 1 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary No. 47636) in the amount of $1,000,000.00 for the construction, implementation and maintain a continuous lighting system through August 31, 2061 in the I.H.35W Corridor from downtown Fort Worth to Denton Count}, Line. Adopted this 4 1 day of April. 2017. ATTES 47 0,�R * .ICYA 000O Yrl' 1,c' ��j Y ° ° � By: 0 ° ( o °0 onald P. Gonzales, istant City Secretary �d� o ° *c 04",°o , 'ORT WQRTI Texas Department of Transportation MEMO To: Allen Bowie July 21, 2017 Fort Worth District From: Anna Ramirez Contract Services Subject: Agreement Type: Fully-Executed Advance Funding Agreement Local Government: City of Fort Worth CSJ(s): 0014-16-179 Log#: 23680 Attached is: ❑X The Local Government's fully executed original. ❑ A copy of the Local Government's fully executed original. ❑ Other: Executed Special Approval Please keep a copy of the fully executed counterpart in your district file of record. If you have any questions, you may contact me at: 512-416-4644. Thank you. OUR GOALS MAINTAIN A SAFE SYSTEM ® ADDRESS CONGESTION ® CONNECT TEXAS COMMUNITIES m BEST IN CLASS STATE AGENCY An Equal Opportunity Employer o *4r Texas Department of Transportation 125 EAST 11TH STREET,AUSTIN,TEXAS 78701-2483 1 512.463.8588 WWW.TXDOT.GOV July 25, 2017 RE: IH-35W Fiber Optic CSJ: 0014 — 16 — 179 Tarrant County Ms. Elizabeth Camargo City of Fort Worth 5001 James Ave Suite 301 Fort Worth, Texas 76115 Dear Ms. Camargo: Attached is one fully executed original Advance Funding Agreement between the City of Fort Worth and the State of Texas for the above referenced project. Please check with your TxDOT Project Manager on next phase. If you have any questions or concerns, please contact Allen Bowie at (817) 370-6755. Sincerel Allen A.R.A. Bowie Contract Specialist Fort Worth District Enclosures cc: Scott Hall, PPP Project Manager Samuel Werschky, City of Fort Worth OUR VALUES: People •Accountability• Trust• Honesty OUR MISSION: Through collaboration and leadership,we deliver a safe,reliable,and integrated transportation system that enables the movement of people and goods. An Equal Opportunity Employer