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Home My WebLink AboutContract 58042-A2Docusign Envelope ID: 54CCCC02-CA50-4476-9150-75E703412C44 TxDOT: Federal Highway Administration: CCSJ# 0902-00-316 I AFA ID 1 200002846 CFDA No. 20 .205 AFA CSJs 0902-00-316 CFDA Title Highway Planning and Construction District# 02 Code Chart 64# J 1sooo Project Name 2018 Railroad TRE at Haltom Road AFA Not Used For Research &Development THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Federal Railway-Highway Crossing Program Off-System AMENDMENT #2 CSC No. 58042-A2 THIS AMENDMENT is made by and between the State of Texas, acting 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". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, the parties executed a contract on August 23, 2022 to effectuate their agreement for safety improvements at the crossing of Haltom Road and the Trinity Railway Express (TRE)'s track; from 200 feet North of the Rall road (TRE) Crossing to 400 feet South of the Rallroad (TRE) Crossing; and, WHEREAS, the parties executed Amendment #1 to the contract on January 12, 2024 to Increase Federal funding to 100% from 73% and decrease Indirect state cost by $288.00; and, WHEREAS, it has become necessary to amend that contract in order to increase the federal funding due to bids received for the construction phase; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the parties do agree as follows: AGREEMENT The parties agree that the Agreement is amended as follows: 1.Attachment B-1, is deleted in its entirety and replaced with Attachment B-2, which is attached hereto and made a part of this Amendment. The total estimated cost of the Project jncreased by $374.337.00, from $803,362.00 to $1.177.699.00, due to the higher bids received for the construction phase. 2.Attachment C-1, Resolution, Ordinance, or Commissioners Court Order, is supplemented by adding Attachment C-2., Resolution, Ordinance, or Commissioners Court Order. Adding this resolution due to an Increase In federal funding from $539,365 to $891,053. The previous resolutlon showed the change from 73% Federal participation to 100% Federal participation. AFAAmend Page 1 of 2 Rev. 10/03/2024 Docusign Envelope ID: 54CCCCO2-CA50-4476-9150-75E703412C44 All other provisions of the original contract are unchanged and remain in full force and effect. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS —DocuSigned by: �� Jl�/�1 Signature Kenneth Stewart Typed or Printed Name Director, Contract Services Typed or Printed Title 12/23/2024 Date THE LOCAL GOVERNMENT —Signed by: C=�� Signature Jesica McEachern Typed or Printed Name Assistant City Manager Typed or Printed Title 12/20/2024 Date AFA Amend Page 2 of 2 Rev. 10/03/2024 Docusign Envelope ID: 54CCCCO2-CA50-4476-9150-75E703412C44 TxDOT: CSJ # 0902-00-316 District # 02 Federal Highway Administration: CFDA No. 20.205 AFA ID Z00002846 CFDA Title Highway Planning and Construction Code Chart 64 # 15000 Project Name 2018 Railroad TRE at Haltom Road AFA Not Used For Research & Development ATTACHMENT B-2 PROJECT BUDGET Costs will be allocated based on 100% Federal funding until Federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Estimated Federal State Local Cost Partici ation Partici ation Participation % Cost % Cost % Cost Environmental (by Local $15,175 0% $0 0% $0 100% $15,175 Government) Right of Way (by Local $41,581 0% $0 0% $0 100% $41,581 Government) Engineering (by Local $123,800 0% $0 0% $0 100% $123,800 Government Utility (by Local $2,373 0% $0 0% $0 100% $2,373 Government Construction (by Local $891,053 100% $891,053 0% $0 0% $0 Government) Subtotal $1,073,982 $891,053 $0 $182,929 Environmental Direct $759 0% $0 0% $0 100% $759 State Costs Right of Way Direct State $2,079 0% $0 0% $0 100% $2,079 Costs Engineering Direct State $6,190 0% $0 0% $0 100% $6,190 Costs Utility Direct State Costs $119 0% $0 0% $0 100% $119 Construction Direct State $37,756 0% $0 0% $0 100% $37,756 Costs Indirect State Costs $56,814 0% $0 100% $56,814 0% $0 TOTAL $1,177,699 $891,053 $56,814 $229,832 Initial payment paid by the Local Government to the State: $9,147.00 Payment by the Local Government to the State before construction: $37,756.00 Estimated total payment by the Local Government to the State $46,903.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B-2 Docusign Envelope ID: 54CCCCO2-CA50-4476-9150-75E703412C44 TxDOT: CSJ # 0902-00-316 Federal Highway Administration: CFDA No. District # I 02 I AFA ID I Z00002846 Code Chart 64 # 15000 Project Name 2018 Railroad TRE at Haltom Road CFDA Title 20.205 Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT C-2 RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER A Re��[ution n�o, sa� � -� aaaa� A RESULUTI[}Al' AUTI�:ORI2I�r� EX�:CUTiON UF A1VI�1��1)N[ENT 1V'D. � TU AI� ADV.�1,�tC`ks F[INQI�G AGREI��IEIVT �V�'1'�I THE '�'E�A.�', UEPARTYIEiV`�' UI�' I'R�]�`�PUI2TATIOIV TQ INCRE�.S� TH� T€�TAL A�IrI�LT1VT TQ �I,177.69g.DU VS��TT� FE��'R.4ir P�RTICIPATION �l� TIIE A7VIDUNT OT 5843,D53.00, 5TAT� PA��TICIPATlaN �N TFI� Al'I�IUNT DF' �5(�,814.QU �1VD CIT� P�lt'1'iC��'ATID�i IN T��E A14�t1�(iNT �F $�29,832.04 �'�US �NY CQST �VERItLTNS �'UR T��iE C[}1vS'I'RLTCTIO� �F T'�E 2E11�3 RAILR��1.� TRINITY RAILWAY EXYRES� {TX��) .P�T NAL�'O�I RQAIl 1'ROJL:C`I'- WLi�R£AS, the City of Fart VJarth and tiso Texas Departmen.t �f 'Transportacion �"TaDflT") rntered into a Lncal Yroject Advance Funding Agreercaent �"AIaA") (City Secretaxy Gontract i�c�. �8�42; CS1#4902-DO-316� farthe car�struc±ion af the 2�1 8 Railroad Trinity Railway 3?xpress ("i'R�] at lialtom Road Prn�ect; �VkiER�AS, i.he �ify �f Fart W'orth and 'l'xL1Q']' executed Amendm�nt 1�Fo. I to tksc Ad�anee f�undin�; A�;reement (City 5ecrctary Coniract�o. 58442�r1�-1, �esOlutidnN�. 5G5�- I 1-2422, IvIS�C 22-09$5) on Jar,uary IZ, 2024 to Yncrease ied�ral funding to 14E}°10 trom 73°l0 and decreasc tr�dixect sta�c cost hy $288.0� for the cans�r�ction of the 2U18 Itailrraa� Trinity Railwuy Cxpress [TH�) ai L-Ja�#om Raad Pro�cct; �V�iEREA�, due t� the Infrastru�turc Inves�ment and .iobs Act (iIJA} pravisians through Federa! �Iig�syay Adrn�nistratian (I-IH'WA), lOb°lo of t�e cot�struction esfimate can now b� �ov�rad �ay #he Railway-Higl�way Craasing Scct'son l30 Program fund; anr�, �VHEREA5,1L has bceamc necessary ta amend the AFA to increase the fer�era� funding duc tc7 bids received for tl7e ca�xstructica�l pHase. �UVI�, T�IE�+I+C1RE, !3E iT H�SDI,'VLD �Y '1HX; C�Z'l"S�' CD�T�C�T� UT Ti�iF CiTY �T FURT �'VflRTH, THAT: Ti�e C€ty U�anage.r i� avthnrizvd #o exacu#e Arnertdirt.ent �l�. 2 tn the Advance �'�Vil{Ili3� A�reeinent with t�a 7'e�as Department qf Tr�nsportatinn (�ity �ecretary Na. 580�F2j tn increase �fa� ��tdl �i�i7unt Lc� $1,177.G99.f]fl with f�cicra[ p�r[ici�rdti�� iri Llic ssmuunL t�f $891,053_0�, state participQtion in thc arno�ant of $56,81�t.U{� an� city �articipation in tha amount of $2�5,$32.00 plus any Lnsi overruns for Lhe construction of the 2fl 18 Railroad Trinity Page 1 of 1 AFA LongGen Attachment C-2 Docusign Envelope ID: 54CCCC02-CA50-4476-9150-75E703412C44 TxDOT: Federal Highway Administration: CSJ # J 0902-00-316 CFDA No. 20.205 District # J 02 J AFA ID J 200002846 CFDA Title Highway Planning and Construction Code Chart 64 # J 15000 Project Name J 2018 Railroad TRE at Haltom Road AFA Not Used For Research & Development RaUway Express (TRE) at Haltom Road project. Adopted this Jfitb day of October 2024. ATTEST: Jannette S. Goodall City Secretary AFA LongGen Page 2 of 1 Attachment C-2 ADVANCE FUNDING AGREEMENT-AMENDMENT NO. 2 CSJ: 0902-00-316 PROJECT NAME: 2018 RAILROAD TRINITY RAILWAY EXPRESS (TRE) AT HALTOM ROAD ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. i j,,,,,/4-Iskal Shrestha / 0 �Name of Employee/Signature Title: Sr. Professional Engineer Email: iskal.shrestha@fortworthtexas.gov APPROVAL RECOMMENDED: ;e_z_._BY: Lauren Prieur (Jan 2, 2025 08:38 CST) Lauren Prieur, Director Transportation and Public Works Email: Lauren.Prieur@fortworthtexas.gov CONTRACT AUTHORIZATION M&C: 24-0894 Date Approved: 10/15/2024 Form 1295: N/ A APPROVED AS TO FORM AND LEGALITY: BY: Douglas Black (Jan 2, 202514:49 CST) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: � A � BY: _U __________ _ Jannette S. Goodall City Secretary Email:Jannette.Goodall@fortworthtexas.gov 12/23/24, 3:53 PM CITY COUNCIL AGENDA M&C Review F�RT�'�'URTI� �� Create New From This M&C DATE: 10/15/2024 REFERENCE NO.. **M&C 24- LOG NAME: 0894 202018 RAILROAD TRE AT HALTOM AFA - AMENDMENT 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 11) Authorize the Execution of a Contract with McClendon Construction Company Inc. in the Amount of $891,052.50 for Construction of the 2018 Railroad Trinity Railway Express at Haltom Road Project, Adopt a Resolution Authorizing the Execution of Amendment No. 2 to an Advance Funding Agreement with the Texas Department of Transportation, Adopt Appropriation Ordinance, Approve the Temporary Closure of Haltom Road on Either Side of the Railroad Track, Amend the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with McClendon Construction Company Inc., in the amount of $891,052.50, for the construction of the 2018 Railroad Trinity Railway Express at Haltom Road project (City Project No. 104003); 2. Adopt the attached resolution authorizing execution of Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 58042) for the 2018 Railroad Trinity Railway Express at Haltom Road project (City Project No. 104003) to increase the total Advance Funding Agreement amount from $803,362.00 to $1,177,699.00 with City Participation in the Amount of $229,832.00; 3. Adopt the attached appropriation ordinance, increasing estimated receipts and appropriations in the Grants Capital Project State Fund, subject to receipt of the grant, in the amount of $351,688.00 for the purpose of funding the 2018 Railroad - Trinity Railway Express at Haltom Road project (City Project No. 104003); 4. Approve the temporary closure of a section of Haltom Road between Etsie Street and the first driveway south of the Trinity Railroad Express railroad track from December 2, 2024, to April 30, 2025, to allow for roadway reconstruction to eliminate the existing railroad crossing hump as part of the 2018 Railroad Trinity Railway Express at Haltom Road project (City Project No. 104003); and 5. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The 2018 Railroad — TRE at Haltom Road projecYs objective is railroad crossing safety improvements, which include the elimination of the roadway hump, installation of a median, refreshing the pavement markings, installation of signage, and the reconstruction of the deteriorated roadway. The City of Fort Worth advertised the 2018 Railroad - Trinity Railway Express (TRE) at Haltom Road (City Project No. 104003) in the Fort Worth Star-Telegram on April 11, 2024, and April 18, 2024. The following bids were received on May 9, 2024: Bidders Amount McClendon Construction Company, Inc $891,052.50 Fort Worth Civil Construction, LLC $942,843.20 apps. cfwnet.org/cou ncil_packet/mc_review.asp?I D=32600&councildate=10/15/2024 1/3 12/23/24, 3:53 PM M&C Review The table below summarizes past appropriations, sources, additional funding, and the estimated total cost of the project at completion: 2018 Railroad — TRE at Haltom Road (City Project No. 104003) Fund Existing Funding Additional Project Funding Total Appropriation 34018 — 2018 Bond $537,000.00 $0.00 $537,000.00 31002 -Grants Capital 539,365.00 351,688.00 891,053.00 Project - State Grand Total $1,076,365.00 $351,688.00 $1,428,053.00 On May 10, 2022, the City Council adopted a resolution to authorize the execution of an Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) (City Secretary Contract No. 58042) for the construction of the 2018 Railroad - TRE at Haltom Road (City Project No. 104003) (M&C 22-0333). On November 29, 2022, the City Council adopted a resolution authorizing the execution of Amendment No. 1 to the AFA with TxDOT for an increase in federal participation in the construction responsibilities to 100\% from 73\% and a decrease in indirect state cost by $288.00 (M&C 22-0985). Under Amendment No. 1, the City would have been responsible for cost overruns after the federal funding reached the maximum amount obligated of $539,365.00. After opening the bids, the low-responsive bidder's bid price was $351,688.00 higher than the estimated construction cost on the executed AFA. The Transportation and Public Works Department (TPW) contacted TxDOT to request additional federal funds to cover the additional construction cost. This AFA amendment No. 2 modifies the agreement to include this additional $351,688.00 in federal funding. The City of Fort Worth will be responsible for additional construction cost increases. The appropriations for the federal grant will be increased, as shown below. Fund Original Budget Amendment No. 1 Amendment No. 2 Revised Budget (M&C 22-0333) (M8�C 22-0985) (This M&C) 31002 -Grants $393,736.00 $145,629.00 $351,688.00 $ 891,053.00 Capital Project - State Unappropriated 34,453.00 -288.00 22,649.00 56,814.00 Indirect State Cost 34018 - 2018 375,461.00 -145,629.00 0.00 229,832.00 Bond Program Fund Grand Total $803,650.00 -$288.00 $374,337.00 $1,177,699.00 Additional Federal funding for this project was not included in the Fiscal Years (FY) 2025-2029 Capital Improvement Program because final construction costs were unknown at the time of project budget development. The action in this M&C will amend the FY2025-2029 Capital Improvement Program as approved in connection with Ordinance 27176-09-2024. The City of Fort Worth Transportation and Public Works Department, on behalf of Capital Delivery, requests the temporary closure of a section of Haltom Road between Etsie Street and the first driveway south of the TRE railroad Track from December 2, 2024, to April 30, 2025, to allow the contractor to perForm the roadway reconstruction. The existing roadway at this project location has two (2) lanes, one lane each way. The project scope includes the elimination of the existing railroad crossing hump, which requires the roadway to be closed for the safety of the road users during construction. The detour plan for the roadway closure is attached to this M&C. The Capital Delivery project manager has informed the responsive low bidder, McClendon Construction Company, Inc., that Realize Truck Parking at Fort Worth (Southwest property to the railroad crossing) shall always have access to its driveway during construction. DVIN: apps.cfwnet.org/council_packet/mc_review.asp?ID=32600&councildate=10/15/2024 2/3 12/23/24, 3:53 PM M&C Review This construction contract is 100\% federally funded and there are no City of Fort Worth dollars in the construction contract. TxDOT set the Disadvantaged Business Enterprise (DBE) goal at 0\% for this construction contract. The project is located in COUNCIL DISTRICT 11. A Form 1295 for the construction contract with McClendon Construction Company, Inc. is attached to this M&C. A Form 1295 forAFAAmendment No. 2 is not required because this amendment will be with a governmental entity, state agency, or public institution of higher education: State and TxDOT. FISCAL INFORMATION/CERTIFICATION: The Director of Finance 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, in the Grants Capital Project State Fund and in the 2018 Bond Program Fund. The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. This is a State Advance grant. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID � � Year I(Chartfield 2) � Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Jesica McEachern (5804) Lauren Prieur (6035) Monty Hall (8662) 0902-00-316 DraftAFAAmendment#2 Revision 3.pdf (CFW Internal) CPN104003-Detour Plan.pdf (Public) FID Table 104003AFA-AMENDMENT 2.xlsx (CFW Internal) Form 1295 Certificate 101237182.pdf (CFW Internal) M&C Map 2018Bond HaltomTRE CPN104003.pdf (Public) ORD.APP 202018 RAILROAD TRE AT HALTOM AFA- AMENDMENT 2 31002 AO(r3)Revised.docx (Public) RESOLUTION-CSJ-316-Amendment#2-R00(final9.26.24).docx (Public) SAM.gov.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=32600&councildate=10/15/2024 3/3 104003-TXFA-Advance Funding Agreement (AFA) Amendment #2 for 2018 Railroad TRE at Haltom Road Final Audit Report 2024-12-24 Created: 2024-12-23 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAdrDwa5Abb2m6uny8ALTKp12gZ-iOfoip "104003-TXFA-Advance Funding Agreement (AFA) Amendment #2 for 2018 Railroad TRE at Haltom Road" History �=�; Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2024-12-23 - 4:04:42 PM GMT- IP address: 204.10.90.100 - Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2024-12-23 - 9:53:50 PM GMT- IP address: 204.10.90.100 Document emailed to Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) for signature 2024-12-23 - 9:55:39 PM GMT Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) added alternate form filler Jaylyn Harrelson (Jaylyn.Harrelson@fortworthtexas.gov). The original form filler Alexandra Ripley (alexandra.ripley@fortworthtexas.gov) can still fill the form. 2024-12-23 - 9:58:12 PM GMT- IP address: 204.10.90.100 Email viewed by Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) 2024-12-23 - 10:20:38 PM GMT- IP address: 107.138.179.238 ��;;� Document e-signed by Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) Signature Date: 2024-12-23 - 10:21:44 PM GMT - Time Source: server- IP address: 107.138.179.238 Document emailed to Jaylyn Harrelson (Jaylyn.Harrelson@fortworthtexas.gov) for filling 2024-12-23 - 10:21:45 PM GMT Document emailed to Alexandra Ripley (alexandra.ripley@fortworthtexas.gov) for filling 2024-12-23 - 10:21:46 PM GMT ��R7' W�RTHS Powered by � Adobe Acrobat Sign Email viewed by Jaylyn Harrelson (Jaylyn.Harrelson@fortworthtexas.gov) 2024-12-24 - 3:54:37 PM GMT- IP address: 204.10.90.100 ��;� Form filled by Jaylyn Harrelson (Jaylyn.Harrelson@fortworthtexas.gov) Form filling Date: 2024-12-24 - 4:35:04 PM GMT - Time Source: server- IP address: 204.10.90.100 �Q Agreement completed. 2024-12-24 - 4:35:04 PM GMT ��R7' W�RTHS Powered by � Adobe Acrobat Sign F�RT ��RTH�, Routing and Transmittal Slip Transuortation & Public Works Department DOCUMENT TITLE: ADVANCE FUNDING AGREEMENT (AFA) AMENDMENT #2 FOR 2018 RAILROAD TRE AT HALTOM ROAD M&C: 24-0894 Date: CPN: 104003 CSO: 58042 DOC#: 1 To: Name Department Initials 1. Iskal Shrestha TPW - signature �c� 2. Alex Ripley TPW- review ��' 3. Chad Allen TPW - review 36 4. Lissette Acevedo TPW - review "" 5. Patricia Wadsack TPW - review "" (, Lauren Prieur TPW - signature x�ev ']. Doug Black Legal - signature � D6 g. Jesica McEachern CMO — N/A 9, Jannette Goodall CSO - signature �� 10 TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documcnts rcccivcd from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and talce the next steps. NEEDS TO BE NOTARIZED: ❑YES �No RUSH: ❑YES �No SAME DAY: ❑YES ❑No ROUTING TO CSO: �YES ❑No Action Required: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑YES ❑No ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a�FortWorthTexas.gov at ext. 7254 for pick up when completed.