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Home My WebLink AboutOrdinance 21746-05-2015 Ordinance No. 21746-05-2015 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANT CAPITAL PROJECTS FUND IN THE AMOUNT OF $3,109,930.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF THE CONSTRUCTION OF DOUBLE EAGLE BOULEVARD FROM FM 156 TO FIRE RIDGE DRIVE; 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 2014-2015 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $3,109,930.00, from available funds, for the purpose of the construction of Double Eagle Boulevard from FM156 to Fire Ridge Drive. 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. 21457-09-2014 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Cj/SECRETARY Douglas W. Black Mary J. Kayser Sr. Assistant City Attorney ADOPTED AND EFFECTIVE: May 12, 2015 r* , if _ 5J1 - r � uSro�Ur r f EAZIEBCnIEVARL f 8, carfiut, r r City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/12/2015 - Ordinance Nos. 21745-05-2015 & 21746-05- 2015 DATE: Tuesday, May 12, 2015 REFERENCE NO.: C-27293 LOG NAME: 06DOUBLE EAGLE ICA SUBJECT: Authorize Infrastructure Construction Agreement with D.R. Horton, Inc., in an Amount Not to Exceed $2,900,000.00 to Extend Double Eagle Boulevard from FM 156 to Fire Ridge Drive and Provide for Staff Costs and Other Construction Costs for an Overall Project Amount of$3,109,930.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$3,109,930.00 in the Airport Grants Fund; 2. Authorize a transfer in the amount of$3,109,930.00 from the Airport Grants Fund to the Grant Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of$3,109,930.00; and 4. Authorize the execution of an Infrastructure Construction Agreement with D.R. Horton, Inc., in an amount not to exceed $2,900,000.00 for the construction of Double Eagle Boulevard from FM 156 to Fire Ridge Drive and authorize a waiver of the Developer's financial guarantee requirement. DISCUSSION: On August 19, 2009, (M&C C-23734, City Secretary Contract No. 39068) the City Council authorized execution of a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) which provided $80,000,000.00 in local Regional Toll Revenue (RTR) funds to the City to support the relocation of the FM 156 and the Burlington Northern Santa Fe (BNSF) mainline track (termed the Multimodal Transportation Improvements) to support the extension of the Alliance Airport Runway. The parties contemplated a reimbursement of the majority of the $80,000,000.00 to TxDOT as future revenues became available. On January 29, 2013, (M&C C-26078, City Secretary Contract No. 44176) the City Council authorized execution of a Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) that provided for the process to reimburse the NCTCOG for$51,300,000.00 of the $80,000,000.00 as funds became available from future Federal Aviation Administration (FAA) Grants directed to Alliance Airport in excess of funds needed to complete the runway extension work. The current scope of the LPAFA includes funding for the relocation of the BNSF mainline track and the Logname: 06DOUBLE EAGLE ICA Pagel of 3 relocation of FM 156 as shown in the attached exhibit. Since execution of that Agreement, TxDOT has let for construction the SH 114/FM 156 interchange project. The NCTCOG, the City and Denton County desire to have constructed a missing segment of Double Eagle Boulevard to provide alternate access in the area during the SH 114/FM 156 interchange construction and for better east/west access for the area. The NCTCOG acting though the Regional Transportation Council approved the use of $4,000,000.00 of the RTR funds for the Double Eagle Boulevard project at its October 9, 2014 regular meeting. This action authorizes the City to allocate up to $3,109,930.00 of the available RTR funds for all project related costs including: construction, staff support, railroad permitting fees, right-of-way acquisition including closing costs for right-of-way donations, inspection and material testing necessary to support the construction of the extension of Double Eagle Boulevard from its existing terminus at Fire Ridge Drive to FM 156. Staff is proposing to enter into an Infrastructure Construction Agreement (ICA) with a developer in the area, D.R. Horton, Inc., to publicly bid and provide for the roadway construction with the City reimbursing the developer 100 percent of the construction cost including any Staff authorized field changes. D.R. Horton, Inc., is currently developing one or more subdivisions in the area and expedited construction of Double Eagle Boulevard will be achieved via this ICA. Since this is a reimbursement arrangement, Staff is recommending a waiver from the requirement that D.R. Horton, Inc., supply a financial guarantee under the Community Facilities Agreement Policy. D.R. Horton, Inc., is providing for the design of the project and providing construction surveying and construction support services at its sole cost. Project Expenditures: Schematic Development (Multatech $ 34,930.00 Engineering Inc.) for Double Eagle Blvd ICA with D.R. Horton $2,900,000.00 City Staff Costs $ 175,000.00 Total Project Expenditures $3,109,930.00 FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon the approval of the above recommendation and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Capital Projects Fund. Available funds in GR14 Amount of transfer to GR74 Remaining Available Funds FW BNSF Relocation Grant $15,564,524.14 $3,109,930.00 $12,454,594.18 FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1) GR14 441012 055302388000 $3.109,930.00 2) GR14 538070 055302388000 $3.109.930.00 1) GR14 538070 055302388000 $3.109.930.00 4) GR74 541200 020302388800 $2.900,000.00 2) GR74 476014 020302388000 $3,109,930.00 2&3) GR74 541200 020302388000 $3,109.930.00 Logname: 06DOUBLE EAGLE ICA Page 2 of 3 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: David Schroeder (2239) Logname: 06DOUBLE EAGLE ICA Page 3 of 3