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Home My WebLink AboutContract 35285-A2 CONTRACT SECf�ETX CSJ#0902-48-688, 0902-48-689 RECE'/VL��7 CT No._ �ZY�� istrict#02-Fort Worth Code Chart 64#15000 15 2X6 t Project: Live Oak Connector 4{ UPp rw Federal Highway Administration CFDA#20.205 ' Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT#2 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 officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on April 24th of 2007 and Amendment#1 on July 20th of 2007 to effectuate their agreement to evaluate the railroad crossings listed to enhance the operation and safety facilities, and construct improvements at certain sites; 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 The original agreement is terminated in its entirety when signed by the last party whose signing makes this amendment fully executed. All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA--AFA Amend Page 1 of 2 D Revised 04/08/11 CSJ#0902-48-688, 0902-48-689 District#02-Fort Worth Code Chart 64#15000 Project: Live Oak Connector Federal Highway Administration CFDA#20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT: Ci OP®°°O°0 ATTEST. �o� ° O City of Fort Worth ®°o ° g C, ° ity, S ° %`°°°°°°°°°°° Assistant City Manager APPROV A TO FORM AND LEG A APPftqVAL RECOMMENDED By V By bjj ( J A467istant City Attorney Doug( W. Wiersig, P.E. Director Zt_ Transportation and Public Works Date: THE STATE OF TEXAS ilkThomasiviarrs Deputy Director of Contract Services Texas Department of Transportation Date AFA—AFA_Amend Page 2 of 2 Revised 04/08/11 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTH COUNCIL ACTION: Approved on 7/21/2015 - Resolution No. 4490-07-2015 &Ordinance No. 21801-07-2015 REFERENCE 20LIVE OAK CONNECTOR DATE: 7/21/2015 NO.: C-27383 LOG NAME: IMPROVEMENTS AGREEMENT CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Adopt Resolution Authorizing Execution of Amendment No. 2 to Terminate the Peach Street Area Railroad Safety Project Local Project Advance Funding Agreement, as Amended and Authorizing Execution of the Replacement Live Oak Connector Local Project Advance Funding Agreement with the Texas Department of Transportation in the Amount of$3,540,561.00 Which Includes $863,602.00 of City Matching Funds, Provide for Additional City Funding in the Amount of$800,990.00 for a Total Project Amount of $4,341,551.00 to Construct the Live Oak Connector in Conjunction with the Tower 55 Project and Subsequently Close Peach Street and East 1st Street at the Union Pacific Railroad Crossing and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing the execution of Amendment No. 2 to terminate the Peach Street area Railroad Safety Project Local Project Advance Funding Agreement, as amended, (M&C C-21910, City Secretary Contract Nos. 35285 and 35258-A1) and authorizing the execution of a replacement Local Project Advanced Funding Agreement with the Texas Department of Transportation in the amount of$3,540,561.00 to which includes an additional $516,114.00 of City Matching Funds to be added to existing pledged city matching funds in the amount of$347,488.00 to construct the Live Oak Connector; 2. Authorize the transfer of$445,261.52 from the 1998 CIP Street Improvements Fund; and $95,852.48 from the 2000 C.O. Street Improvements Fund; for a total transfer amount of$541,114.00 to the Grants Fund for the additional local match and which amount includes additional city funding of$25,000.00 due to the elimination of the BNSF donation. 3. Authorize the acceptance of additional $35,918.00 of Federal funding for the replacement LPAFA; 4. Authorize the acceptance of$160,015.00 of Texas Department of Transportation (TXDOT) funding for the replacement LPAFA; 5. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the amount of$737,047.00 and decrease estimated receipts and appropriations in the amount of $25,000.00 as a result of elimination of Burlington Northern Santa Fe Railway's donation for a total appropriation of$712,047.00 in the Grants Fund; and 6. Authorize a payment to Texas Department of Transportation in the amount of$52,068.00 for Texas Department of Transportation costs, in accordance with the replacement Live Oak Connector Local Project Advanced Funding Agreement. DISCUSSION: As part of the overall Tower 55 Railroad Project, numerous street and railroad grade crossing http://apps.cfwnet.org/council_packet/mc review.asp?ID=20854&councildate=7/21/2015 1/19/2016 M&C Review Page 2 of 4 improvements have been programed for the area to enhance access and mobility for adjacent land uses. As part of these overall railroad track improvements, the railroad street grade crossings at Peach and East First Streets with the Union Pacific Railroad track are scheduled for closure. To replace these crossings and maintain area mobility Live Oak Street is scheduled for realignment and will be connected directly into East 4th Street which provides a grade separated route across the Union Pacific Railroad tracks. The Live Oak Connector project was initially scoped and defined in 2006. Mayor and Council Communication C-21910, which authorized the original Peach Street Railroad Safety Project Local Advanced Funding Agreement (LPAFA), contained certain outside funding and expectations which have since changed over time. Therefore, termination of the original LPAFA has been recommended by TXDOT with which staff agrees. The replacement Live Oak Connector LPAFA will reallocate and adjust external funding contributions and reassign some funding previously programmed for construction to the acquisition of right-of-way. Funding from the old Peach Street Area LPAFA is preserved and will be incorporated into the new LPAFA along with additional Federal, State and Local monies. The previous Appropriation Ordinance No. 17334-12-2006 remains valid; however, the $25,000.00 donation from Burlington Northern Santa Fe Railway will no longer be provided but the $50,000.00 contribution from the Union Pacific Railroad for closing the at-grade crossings at Peach Street and East First Street remains a part of the project funding. The additional city funding identified as Independent City Costs in the amount of $880,990.00 will be funded from the Critical Project Improvements Funds ($254,980.51); the Street Lights and Signals Improvements Fund ($146,197.49); and the Street Improvements 2008 Fund ($399,812.00). The following tables summarize the project funding for the old and new LPAFAs as well as a breakdown of projected project costs. Project Old Peach Street Area Additional Funds Funding Replacement Live Oak LPAFA (as amended) (to be Needed for New Connector LPAFA terminated) LPAFA Federal F$2,516,944.00 $2,481,026.00 $35,918.00 Funds V ate $160,015.00 $0.00 $160,015.00 XDOT) Local $863,602.00 $347,488.00 $516,114.00 Costs LPAFA ]$3,540,561.00 $2,828,614.00 $712,047.00 �Total Project Costs: New Live Oak Independent Connector City Cost LPAFA - Federal State Local Total Cost Engineering F$ 360,000.00 $ $ 40,000.00 $ 63,421.00 $463,421.00 & Env. Right-of-Way $1,435,285.00 $ $ - $166,715.00 $1,602,000.00 Construction $ 648,429.00 $ 11 $653,871.00 $ 570,854.00 $1,873,154.00 Direct/indirect $ 73,230.00 $160,015.00 $169,731.00�F$ F$402,976.00 Cost Total Cost $2,516,944.00 $160,015.00 $863,602.00 $800,990.00 $4,341,551.00 Local Funding Elements: http://apps.cfwnet.org/council_packet/me_review.asp?ID=20854&councildate=7/21/2015 1/19/2016 M&C Review Page 3 of 4 Local Match Previously New Local & Total Local & City Funding Approved Local Independent City Funding Source Funding Funding 2004 Bond :$1:981 704.00 $146,197.49 $344,901.49 Funds City of Fs ,284.0036 $0.00 $36,284.00 Duncanville TXDOT $37,500.00 $0.00 $37,500.00 Union Pacific $50,000.00 $0.00 $50,000.00 RR BNSF RR* $25,000.00 $-25,000.00 $0.00 2000 C.O. Sale 11 $0.00 $350,832.99 $350,832.99 Funds 1998 Bond $0.00 $445,261.52 11 $445,261.52 2008 Bond $0.00 $399,812.00 $399,812.00 Funds Total $347,488.00 $1,317,104.00 $1,664,592.00** * BNSF Funds are no longer available. ** Includes Staff funding and contingencies. LPAFA History: Once the attached Resolution is passed and Amendment No. 2 is executed, the original Peach Street Railroad Safety Project LPAFA from 2006, as amended, will be terminated. The Resolution also authorizes the City to enter into the new funding Agreement between TXDOT and the City of Fort Worth for the Live Oak Connector LPAFA and the eventual closure of Peach Street and East First Street. The City of Fort Worth will manage engineering and construction of this project. Construction is scheduled to begin in the Spring of 2016, with a 12 month duration. Upon completion of the new Live Oak access connection, the City Council will be asked to formally close Peach Street and East First Streets at their respective Union Pacific Railroad crossings. This project is located in COUNCIL DISTRICT 8, Mapsco 63X. DESCRIPTION AMOUNT M&C APPROVED City Secretary No. 35258, Local Project $2,904,276.00 C-21910 December Advance Funding Agreement with the 19, 2006 Texas Department of Transportation and a Railroad Crossing Closure Agreement with TXDOT and Union Pacific Railroad for the Peach Street Area Railroad Safety Improvement City Secretary No. 35258-A1, $2,828,514.00* None/Administrative July 20, Amendment to the Local Project Advance 2007 Funding Agreement with the Texas Department of Transportation to Adjust Funding (*Reduction due to State direct costs having been deleted from the original Agreement) City Secretary No. 35258-A2, - Pending - Amendment to Terminate the Local Project Advance Funding Agreement with the Texas Department of Transportation and a Railroad Crossing Closure http://apps.cfwnet.org/council packet/me review.asp?ID=2085 4&councildate=7/21/2015 1/19/2016 M&C Review Page 4 of 4 Agreement with TXDOT and Union Pacific Railroad for the Peach Street Area Railroad Safety Improvement Replacement Local Project Advanced $3,540,561.00 Pending - Funding Agreement with the Texas Department of Transportation to construct the Live Oak Connector and subsequently close Peach Street and East 1 st Street at Union Pacific Railroad crossing FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers il GR76 472115 020302157000 $445,261.52 GR76 5XXXXX 020302157XXX $3,540,561.00 GR76 472116 020302157000 $95,852.48 C115 538070 020115040634 $445,261.52 GR76 541200 020302157000 $712,047.00 C116 538070 020116035569 $95,852.48 5-1 GR76 451995 020302157000 ($25,000.00) GR76 541200 020302157830 $52,068.00 3&5) $35,918.00 GR76 4XXXXX 020302157000 4&5 $160,015.00 GR76 4XXXXX 020302157000 Submitted for City Manager's Office by- Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEMENT GR76 A015Rev.docx LOC Resolution(7.01.15).doc MAP Live Oak Connector-00593 6917.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20854&councildate=7/21/2015 1/19/2016