HomeMy WebLinkAboutResolution 4490-07-2015 A Resolution
NO. 4490-07-2015
A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT
NUMBER 2 TO THE PEACH STREET AREA AND PEACH STREET EAST
(RAILROAD SAFETY PROJECT) LOCAL PROJECT ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
TO TERMINATE THE FUNDING AGREEMENT AND AUTHORIZING
EXECUTION OF THE LIVE OAK CONNECTOR LOCAL PROJECT
ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION IN THE AMOUNT OF $3,540,561.00 FOR
CONSTRUCTION OF THE LIVE OAK CONNECTOR AND
CORRESPONDING CLOSURE OF PEACH STREET AND EAST 1ST STREET
AT THE RESPECTIVE UNION PACIFIC RAILROAD CROSSINGS
WHEREAS, A Master Funding Agreement between the City of Fort Worth and the Texas
Department of Transportation ("State") has been adopted and states the general terms and
conditions for transportation projects developed through a Local Project Advanced Funding
Agreement ("LPAFA"); and
WHEREAS, the Texas Transportation Commission passed Minute Order 110266, dated
October 27, 2005 that provides for the development of, and funding for, the roadway project
described herein; and
WHEREAS, the State and City of Fort Worth executed a Local Project Advance Funding
Agreement in 2006 (City Secretary Contract No. 35285, M&C C-21910) for the construction of
certain pedestrian amenities, for crossing the Union Pacific railroad tracks at Peach Street and
East Is' street, a new road to be known as the Live Oak Connector, and closure of Peach Street
and East Is' Street at their respective Union Pacific railroad crossings; and
WHEREAS, the project's scope has been refined due to the implementation of the Tower
55 improvements necessitating the termination of the existing LPAFA and consideration of a new
LPAFA ; and
WHEREAS, the City of Fort Worth desires to execute Amendment Number 2 to the Peach
Street Area Local Project Advance Funding Agreement with the State to terminate that
agreement; and
WHEREAS, the State and the City of Fort Worth desire to execute a new funding
agreement authorizing City participation in the amount of $863,602.00 with State participation of
$160,015.00 and Federal participation of $2,516,944.00 for construction of the Live Oak
Connector and subsequent closure of Peach Street and East Is' Street at the Union Pacific railroad
crossings for a total funding agreement amount of $3,540,561.00.
FoRT%bRTH
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
The City Manager or his designee is authorized to execute Amendment Number 2 to the
Peach Street Area and Peach Street East (Railroad Safety Improvements) Local Transportation
Project Advance Funding Agreement with the Texas Department of Transportation terminating
said Agreement and to execute a new LPAFA with the State in the amount of $3,540,561.00 for
the construction of the Live Oak Connector.
Adopted this 218t day of July 2015. ,oag4FORT�4a
XY�000000000*—!a'
0
ATTEST: M0 0.
0
0 0
��a 0 0* �d
0 0° ,ey
a 00000000 a
By: - -- - - -------------- as rEXAsoA.o
i ��nnavo�
Mary Kayser, S ret ry
RTWO
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/21/2015 - Resolution No. 4490-07-2015 &Ordinance'No
21801-07-2015
DATE: Tuesday, July 21, 2015 REFERENCE NO.: C-27383
LOG NAME: 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEMENT
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 1 st 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.
Logname: 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEMENT Page 1 of 4
As part of the overall Tower 55 Railroad Project, numerous street and railroad grade crossing
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 i Old Peach Street Area
Additional Funds
Funding Replacement Live Oak 'LPAFA (as amended) (to be :Needed for New
'Connector LPAFA terminated) LPAFA
Federal
Funds
1$2,516,944.00 $2,481,026.00 1$35,918.00
State
(TXDOT) 1$160,015.00 �$0.00 $160,015.00
'Local
Costs
$863,602.00 $347,488.00 $516,114.00
'LPAFA
,Total $3,540,561.00 �$2,828,514.00 $712,047.00
Project Costs:���-
New Live
Oak Independent
Connector City Cost
- -- --- LPAFA _ -
�� - 1 Federal State Local j Total Cost
!Engineering 1$ 360,000.00 $ !$ 40,000.00 $ 63,421.00 $463,421.00
& Env.
;Right-of-Way $1,435,285.00 $ i$ - $166,715.00 $1,602,000.001
!Construction ,$ 648,429.00'$ $653,871.00 $ 570,854.00 '$1,873,154.00;
i
Logname: 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEMENT Page 2 of 4
birect/Indirectl$ 73,230.00 $160,015.00 $169,731.00 $ $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:
Local Match Previously New Local &
Funding Approved Local Independent City Total Local & City
Source Funding Funding I Funding
2004 Bond ��
Funds [$198,704.00 $146,197.49 $344,901.49
City of $36,284.00 F$O-00 [$36,284.00
Duncanville
TXDOT _ $37,500.00 J$0.00 $37,500.00
Union Pacific $50,000.00 $0.00 ^F$50,000-00
4
BNSF RR* 1$25,000.00 $-25,000.00 J$0.00
2000 C.O. Sale J$0.00 1$350,832.99 1$350,832.99
1998 Bond [so-oo
$445,261.52 [$445,261.52
Funds
Ounds 008 Bond $0.00 F$399,812-00 F$399812.00,
Total 1$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 MOUNT 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
greement with TXDOT and Union
Pacific Railroad for the Peach Street
Logname: 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEMENT Page 3 of 4
(Area Railroad Safety Improvement I ( I
City Secretary No. 35258-A1, $2,828,514.00*None/Administrative July 20,
Amendment to the Local Project 2007
Advance Funding Agreement with the
Texas Department of Transportation to
Adjust Funding (*Reduction due to State
direct costs having been deleted from
he 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 Agreement with TXDOT and
Union Pacific Railroad for the Peach
Street Area Railroad Safety
Improvement
Replacement Local Project Advanced r—,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 1st 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.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2&5) GR76 472115 020302157000 $445,261.52 1) GR76 5XXXXX 020302157XXX $3,540,561.00
2&5) GR76 472116 020302157000 $95,852.48 2) C115 538070 020115040634 $445,261.52
3&5) GR76 4XXXXX 020302157000 $35,918.00 2) C116 538070 020116035569 $95,852.48
4&5) GR76 4XXXXX 020302157000 $160,015.00 6) GR76 541200 020302157830 $52,068.00
5) GR76 541200 020302157000 $712,047.00
5) GR76 451995 020302157000 ($25,000.00)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Roy Teal (7958)
Logname: 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEMENT Page 4 of 4