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HomeMy WebLinkAboutResolution 6106-06-2025A Resolution NO, 61.06-06-2025 A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO AN ADVANCE. FUNDING AGR_F_:F.MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) TO INCREASE THE TOTAL FUNDING AGREEMENT AMOUNT UP TO S10,112,412.00, INCLUDING $9,622,920.00 PROJECT BUDGET AND $489,492.00 INDIRECT STATE COSTS, FOR INCREASED CONSTRUCTION COST OF THE CENTREPORT TRAIL PHASE IA PROJECT. WHEREAS, the Congestion Mitigation and Air Quality Improvement (CMAQ) Program Off System, administered by the Texas Department of Transportation (TxDOT), provides funding for surface transportation projects and other related efforts that contribute air quality improvements and provide congestion relief; and WHEREAS, the City of Fort Worth and the Texas Department of Transportation ("TxDO'I'-) entered into a Local Project Advance Funding Agreement (City Secretary No. 49494; CSJ# 0902-90-050) in the amount up to $2,757.589.00 for the division of costs and responsibilities associated with the design and construction of the Project; and WHEREAS, the City of Fort Worth and TxDOT executed Amendment No.1 to the funding Agreement on September 25, 2018, to include additional engineering scope: and increase the total funding agreement amount up to $3,684.450.00, and WEIE19 EAS; the City of Fort Worth and TxDOT executed Amendment No.2 to the Funding Agreement on June 14, 2022, for construction inflation and increase the total funding agreement amount up to $6,384,302.00; and WHEREAS, the City of Fort Worth desires to amend the Funding Agreement for unforeseen site conditions and construction inflation, and increase the total funding agreement amount up to $10,1 12,412.00, including $9,622,920.00 project budget and $489,492.00 Indirect State Costs; and WHEREAS, the City of Fort Worth does not budget Indirect State Costs in grants/projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: 1'he City Council authorizes execution of Amendment No.3 to an Advance Funding Agreement with TxDOT (City Secretary F No. 49494), increasing the total funding agreement amount up to $10,1 12,412.00, including S9,622,920.00 project budget and $489,492.00 Indirect State Costs, with a correlative increase of the City's participation arnount up to $1,924,586.00 for the CentrePort '1 rail Phase IA project. The project CSJ is: 0902-90_050. The City Manager is authorized to execute all documents necessary to complete this transaction. The City of Fort Worth will be responsible for all overruns. Adopted this 10th of June 2025. ATTEST: �______ Jannette S. Goodall, City Secretary 0Jr? 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NCTCOG CRTHOPNOTOGRAPHY City of Fort Worth, Texas Mayor and Council Communication DATE: 061/0/25 M&C FILE NUMBER: M&C 25-0488 LOG NAME. 80CENTREPORT PH I A AFA AMEND 3 & CO 4 SUBJECT (CD 5) Adopt a Resolution Authorizing Execution of Amendment No. 3 to the Advance Funding Agreement with the Texas Department of Transportation forthe CentrePortTrail Phase I A Project to Increase the Grant Project Budget from $9,610,470.00 Up to $9,622,920.00 with City Participation Increasing from 51,922,096.00 Up to $1,924,586,00, Authorize Execution of Change Order No. 4 in the Amount of $74,450.70 with McCarthy Building Companies, Inc., forthe CentrePort Trail Phase I A Project; Authorize the Reallocation of $100,507.26 Residual Balance from Substantially Complete Park & Recreation Department Projects; Adopt Appropriation Ordinances and Amend the Fiscal Year 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing execution of Amendment No. 3 to the Advance Funding Agreementwith the Texas Department of Transportation (City Secretary Contract No. 49494: CSJ# 0902-90-050) forthe CentrePort Trail Phase I A project (City Project No.100082) to increase the grant project budget from $9,610,470.00 up to $9,622,920.00 with City participation increasing from $1,922,096.00 up to $1,924,5B6,00; 2. Authorize the acceptance of an additional $9,960.00 in federal funds contributing to CentrePort Trail Phase I A project (City Project No. 100082) through the Texas Department of Transportation; 3. Authorize Change Order No. 4 in the amount of $74,450.70 to City Secretary Contract No.61145 with McCarthy Building Companies, Inc., for a revised contract amount of $7,489,286.32, for the construction of CentrePort Trail Phase I A project (City Project No.100082); 4. Authorize the reallocation of $100,507.26 residual balance from substantially complete Park & Recreation projects in the 2014 Bond Program, Proposition Two to the CentrePort Trail Phase I project (City Project No. 100082) in the same bond program; 5. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the 2014 Bond Program, in the amount up to $100,607,26, by increasing appropriations in the CentrePort Trail Phase I project (City Project No. 100082), and decreasing appropriations in substantially complete Park & Recreation Department projects by the same amount: (1) Alliance Park project (City Project No. 100333) in the amount of $69,674.07, (2) McLeland Tennis Center project (City Project No. CO2472) in the amount of $433.18, (3) FW Zoo Drainage Improvements project (City Project No. CO2447) in the amount of $1.47 (4) Thomas Place Park & CC project (City Project No. C(32458) in the amount of $2,357.24, (5) East Fort Worth Extension project (City Project No. CO2477) in the amount of $25.590.00, and (6) 34014 Appropriation Only project (City Project No. U34014) in the amount of $2,451.30; for a total amount of $100,507.26, for the CentrePort Trail Phase I A project (City Project No. 100082); 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Projects Federal Fund, in the amount up to (1) $9,960.00, subject to the receipt of the grant, and {2) $2,490.00 to satisfy the City's match requirement; totaling $12,450.00, for the purpose of funding CentrePort Trail Phase I project {City Project No. 100082); and 7. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adopt the attached Resolution authorizing execution of Amendment No. 3 to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the CentrePort Trail Phase I A project to increase the grant project budget, and the corresponding increase of Federal, State and City cost participation; authorize execution of Change Order No. 4 in the amount of $74,450.70 to City Secretary Contract No.61145 with McCarthy Building Companies, Inc., for the CentrePort Trail Phase I A project, increasing the construction contract amount to $7,490,037.28; and authorize the reallocation of residual balance from substantially complete Park & Recreation Department (PARR) projects to the CentrePort Trail Phase I A project, all of which are in the 2014 Bond Program Proposition Two. The CentrePort Phase 1 includes Phase 1 A and Phase 1 B. Phase 1 A will start at the Trinity Railway Express (TRE) CentrePort Station and connect to Arlington River Legacy Trails east end. Anticipated improvements include a 12-foot-wide concrete paved trail, 3-foot-wide shoulders, trail structures (bridges, drill shafts, retaining walls, drainage headwalls, fences, etc.), traffic control and 911 location signs. The City Council approved an AFA with TxDOT in the amount of $2,757,588.00 on June 20, 2017 (M&C G-18975 and M&C G-19040) forthe engineering and construction of the CentrePorl Trail Phase I. The City Council approved Amendment No. 1 to increase the grant project budget from $2,757,588.00 to 33,684,450.00 on September 25, 2018 (M&C G-19383) to add the engineering service of the CentrePort Trail Phase 2 into the AFA; Amendment No. 2 to increase the grant project budget from $3,684,450.00 to $6,396,749.00 on June 14, 2022 (M&C 22- 0405) based on an increase of 60% construction Cost estimate of CentrePort Phase I A project; and Amendment No. 3 to increase the grant project budget from $6,110,470.00 to $9.610,470.00 on August 8, 2023 (M&C 23-0666) based on an increase of construction bid cost estimate of CentrePort Phase I A project. Later in August 2024 Revision Cycle, North Central Texas Council of Governments (NCTCOG) issued the Modifications to the Transportation Improvement Program (TIP Mod) to allocate additional $9,960.00 in federal funds contributing to CentrePort Trail Phase 1 A project. This action requires an Amendment No. 3 to the AFA(M&C 23-0666) to increase grant project budget to the amount up to $9,622,920.00. In approving 2014 Bond Program Proposition Two, 'voters authorized funding for "Parks, Recreation, and Community Center Improvements" in the amount of $30,823,600.00. Construction of those projects are now substantially complete and staff has identified a residual amount of $100,507,26 as being available for other uses coming within the voted purpose. Approval of this M&C serves as findings from Council that the projects originally proposed in the 2014 Band Program are substantially complete and that the newly added use is within the voted purpose authorized by the voters. Reallocation of residual balance of 2014 Band Fund is summarized below. Fund CityNPrroject Project Name 2014 Bond Fund 100333 Alliance Park F0144 Bond und U34014 Fund 34014 Appropriations Only 2014 Bond ' CO2472 McLeland Tennis Center Fund 2014 Bond I 'CO2447 -----_L-__ FW boo Drainage Improvements Fund 2014 Bond iCO2458 'Thomas Place Park & Community Fund J _ ;Center 2014 Bond Trinity Trail East Fort Worth Fund ICO2477` Extension - ,Fund Bond Fund_ 100082 ]CentrePort �_ Trail Phase I A Total project budget increase is summarized below Authority Original Balance I �M&C i� $69,674.071 r This M&C $2,451.30 IJM&C This M&C This M&C This M&C 'This. M&C Balance Change Revised (IncreaselDecrease] Balance $4 33.181 -- I � $1.47.� i $4, 520.15 ($69,674,07) $0,00 ($2,451.30) $0,00 ($433.18) $0.00 ($1.47)11 $0.00 ($2,357.24) $2.162.91 $25,590.00 ($25,590.00) $0,00 $0.00 $100,50T26 $100,507.26 - - - ----------- Participation Fund Authority Original ; Budget Change Revised Budget (Increase/Decrease) Budget Grants Cap Projects Federal M&C G-18975; G-19383; Federal fund 22-0405; M&C 23-0666; 1$7,688,374.00 $9,960 $7,698,334,00 II This M&C _ Local PARR Improvements Fund �(2013 M&C G-18637; G-18975 $350,000-00 $0.00 $350,000.001 CO's) Local - 12014 Bond Fund M&C G-18975; This M&C $170,002.00' $2,490 $172,492.00 j Local General Capital Projects Fund M&C G-19305; G-19383; i$1,020,169.00 $0,00 $1,020,169.001 (PAYG) 22-0405; M&C 23-0666 General Capital Projects Fund, Local .(Donation from Streams & M&C 23-0666 $35,000.0t0 $0.00�, $35,000,00 Valleys, Inc.)PARD Gas Local o ects Fund Lease Capital Projects M&C 20-0256 $197,513600 _ $0.00� $197;513.00i Local ;City of Grand Prairie G-19383; 22-0405 $149,412.00;1 $0.00 ~ $149,412:00 Total Grant Project Budget Amount Additional Project Contigendes �2014 Bond Fund This M&C Total Project -- --- - -- � dget Amount $9,610,470.00 $12,4501$9,622,920.00 $98,017.26 $98,017.26 r $9,610,458.00 $110;467.26i $9,720,937.26 The AFA will include an additional $489,492.00 Indirect State Costs. City does not budget indirect State Costs in grants/projects. PAR project manager, City inspector, City material testing lab will charge salaries to this grant project as incurred. The application Repository is not needed since PAR did not apply for the grant. Business Equity; TXDOT does not require DBE participation for this change order, therefore the City will not override a federal or state goal except where the City is mandated to set goals by state or federal requirements. The actions in this M&C will amend the Fiscal Years 2025-2029 Capital Improvement Program as approved in connection with Ordinance 27107- 09-2024 to reallocate residual funding in the 2014 Bond Program Fund from substantially complete PARD projects This project is located in COUNCIL DISTRICT 5. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education; TxDOT FISCAL INFORMATION t CERTIFICATION: The Director of Finance certifies that funds are currently available in the Alliance Park, Fund 34014 Approp Only, McLeland Tennis Center, FW Zoo Drainage Improvements, Thomas Place Park & CC, East Fort Worth Extension projects within the 2014 Bond Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the 2014 Bond Program and Grants Cap Projects Federal Funds for the CentrePort Trail Ph 1 project to support the approval of the above recommendations and execution of the change orders. The Park & Recreation 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 Park & Recreation Department has the responsibility to validate the availability of funds. This is a State Advance Funding Agreement. Submitted for City Mana€ ees Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Dave Lewis 5717 Additional Information Contact: Joel McElhany 5745