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Home My WebLink AboutContract 49494-A3Docusign Envelope ID: 56833AF6-ABB7-4995-99A0-615D97930586 TxDOT: CSC NO.49494-A3 Federal Highway Administration: CCSJ # 0902-90-050 I AFA ID I Z00003165 AFA CSJs 0902-90-050 District # 02 � Code Chart 64# 115000 Project Name VA; Trinity/Elm to THE Rail Station THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM (CMAQ) Off -System AMENDMENT #3 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 July 13, 2017 to effectuate their agreement to develop the Fort Worth to Dallas Regional Veloweb shared -use path (trail) between Trinity Boulevard/Skyview Drive and the existing THE/DART CenterPort Station, and also connecting to River Legacy Trail in Arlington; and, WHEREAS, the parties executed Amendment #1 to the contract on March 11, 2019 to increase the local government's participation by $179,998.00 for the additional design of a connection to the Mike Lewis Trail in the City of Grand Prairie; and, WHEREAS, the parties executed Amendment #2 to the contract on July 1, 2022 to increase the construction cost estimate of the CenterPoint Trail Phase 1A and increase the total contract budget to $6,384,302.00; and, WHEREAS, it has become necessary to amend that contract in order to increase Federal and Local funds for the engineering and construction phases of the CenterPoint Trail phase 1A; 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 A-2, Resolution or Ordinance, is supplemented by adding Attachment A-3, Resolution or Ordinance. The resolution of Attachment A-2 is for contract amount AFA Amend Page 1 of 2 OFFICIAL RECORD Rev. 10/03/2024 CITY SECRETARY FT. WORTH, TX Docusign Envelope ID: 56833AF6-ABB7-4995-99A0-615D97930586 TxDOT: CCSJ # 0902-90-050 I AFA ID Z00003165 AFA CSJs 0902-90-050 District # 02 � Code Chart 64# 115000 Project Name VA; Trinity/Elm to THE Rail Station Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development $6,384,302.00 and Attachment A-3 is for contract amount $10,112,412 resulting in an increase of $3,728,110.00 due to the increased construction and engineering costs. 2. Attachment C-2, Project Budget Estimate and Source of Funds, is deleted in its entirety and replaced with Attachment C-3, Project Budget Estimate and Source of Funds, which is attached to and made a part of this Amendment. The total estimated cost of the Project increased by $3.728.110.00, from $ 6,384,302.00 to $ 10.112.412, due to the increase of project construction cost due to construction price escalation, trail's close vicinity to SH 360 and Trinity Railway (TRE) infrastructure, and the unstable soil condition at site. 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 THE LOCAL GOVERNMENT Doc-u'Siignedd.by: (L I 5 w J w&yf Signed by: I /f �Q:/l a 41ht ��tUFeB8C4B6... 1 G�I1OA41AA1... Kenneth Stewart Dana Burghdoff Typed or Printed Name Typed or Printed Name Director, Contract Services Assistant City Manager Typed or Printed Title Typed or Printed Title 8/12/2025 8/11 /2025 Date Date AFA Amend Page 2 of 2 Rev. 10/03/2024 Docusign Envelope ID: 56833AF6-ABB7-4995-99A0-615D97930586 TxDOT: CCSJ # 0902-90-050 I AFA ID I Z00003165 AFA CSJs 0902-90-050 District # 02 Code Chart 64# 115000 Project Name VA; Trinity/Elm to THE Rail Station Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT A-3 RESOLUTION OR ORDINANCE A Resolution NO, 6106-06-2025 A RESOLUTION AUTIIORJZ<JNC'T THE EXECUTION Of ,AMENDMEN,r NO. 3 TO AY ADVANCE FUNDING AGREFMENT WITH THF. TEXAS DEPARTMENT OF TRANSPORTATION (T11tDOT) TO INCREASE YHE TOTAL FUNDING AGREEMLiwT AMOUNT LIP TO 516,112,41Z,114, INCLUDING $9,622,920.00 PROJECT BUDGET AND $499,492.00 INDIRECT STATE COSTS, FOR INCREASED CONSTRUCTION COST OF THE C;ENTREPORT TRAIL PHASE lA PROJECT. HI [REAS, the Congestlori Mitigation and Air Quality hnprcvcrncnt (CMAQ) Program Off System., administErcd by the Texas Department ofTranspartation (YWOT), provides Funding forsurface transportation projects and other related efforts that contribute air quality improvcmens and provide congestion relief; and WHEREAS, the City of Fort Worth and the Texas Departwmi of Transportation (`'TxDOT") cnt.cmd into a Ducal Project Advance Funding Agrcemcnt (City Secretary No. 494941, C53# 0902-90-050) in the amount up to $2,757.588.00 for the d'Ivision of costs and respansiibiIitics associated with the dcAgn and construct ion of the Project; and WHEREAS, the City of Fort Worth and TxDOT executed Amendment No.l to the Funding Agreement on 5cptember 25, 2019, to include additional ajg neering scope and increase the total funding agreement amount up to S3,694.450.00; and WHEREAS. the City of Fort Worth and TxDOT executed Amendment Na 2 to the Funding Agreernetu an June 14, 2022, for construction inflation and increase the total fun&sg agrecmern amount up to $6,384,302,00; and WHEREAS+the City of For Worth desires to amend the Funding Agreement for unforeseen site mriditions and construction inflation, and inomasr the total funding agreement amount up to $10, 112A 12.00, including S9,622,920,00 project budget and $489,492.00 Indirlmt State Costs; and WHEREAS, the City of Fart Worth dots not budget Indirect State Costs in grant&? p roject s. Page 1 of 2 AFA LongGen Attachment A-3 Docusign Envelope ID: 56833AF6-ABB7-4995-99A0-615D97930586 TxDOT: CCSJ # 0902-90-050 I AFA ID I Z00003165 AFA CSJs 0902-90-050 District # 02 Code Chart 64# 15000 Project Name VA; Trinity/Elm to THE Rail Station Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF "1'}IlE CITY OF FORT W OUTH, TEXAS, THAT; The City Council authorizes execution of Amendment No,3 to an Advance Funding Agreement with TxDOT (City Secremry Nu. 49494), uicreastng the total feuding 25greemrnt arnc,unl up to $10,112,412.00, including S9,622,920_00pr+lject budget and 89,492.00 Indirect State Costs, with a comlative increase of the C:ity's participation amount up to 31.924,586,00 for the CentrePort TruiI Phase lA project- The project CSJ is. C U2-94-050, The City [Manager is authorized to execute all documents necessary to complete this transactiun. The City of Fort Worth will be responsible for all overruns. Adopted this I P of June 2025, ATTEST: Jannette S. Goodall, City Secretary Page 2 of 2 AFA LongGen Attachment A-3 Docusign Envelope ID: 56833AF6-ABB7-4995-99A0-615D97930586 TxDOT: Federal Highway Administration: CCSJ # 0902-90-050 1 AFA ID Z00003165 CFDA No. 20.205 AFA CSJs 0902-90-050 I I CFDA Title Highway Planning and Construction District # 02 Code Chart 64# 15000 Project Name VA; Trinity/Elm to THE Rail Station I AFA Not Used For Research & Development ATTACHMENT C-3 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Except for Indirect State Costs, all other costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description otal Estimated federal State Local Cost Participation Partici ation Participation % Cost % Icost % Icost Engineering (by Local Government) $1,379,594 80% $1,103,675 0% $0 20% $275,919 Environmental (by Local $299,250 80% $239,400 0% $0 20% $59,850 Government) Construction (by Local $7,574,321 80% $6,059,457 0% $0 20% $1,514,864 Government Subtotal I$9,253,165 I 1$7,402,532 0% $0 $0 $1,8503633 20% $3,150 Environmental Direct $153750 80% $12,600 State Costs Right of Way Direct $1 0% $0 0% $0 100%$1 State Costs Engineering Direct $67,248 80% $53,798 0% $0 20% $13,450 State Costs Utility Direct State $1 0% $0 0% $0 100%$1 Costs Construction Direct $286,755 80% $229,404 0% $0 20% $57,351 State Costs Indirect State Costs $489,492 0% $0 100% $489,492 0% $0 TOTAL 310,112,412 1$7,698,334 , 1$489,492 , 1$1,924,586 Payment of $73,953.00 was paid by the Local Government to the State in the form of three payments. One payment was $3,902 on 08/14/2017, Second payment was $9,998 on 01/30/2019, and the Third payment was $60,053 on 09/27/2023. Initial payment by the Local Government to the State: $352,371.00 Payment by the Local Government to the State before construction: $1,572,215.00 Estimated total payment by the Local Government to the State: $1,924,586.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment C-3 ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH ADVANCE FUNDING AGREEMENT CSJ: 0902-90-050 PROJECT NAME: 100082 CentrePort Trail Ph 1A 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. Jin2 Yang / Title: Landscape Architect Manager Email: jina.van�z@fortworthtexas.gov APPROVAL RECOMMENDED: SP BY: fa..sN Dave Lewis, Director Park & Recreation Department Email: dave.lewis@fortworthtexas.gov CONTRACT AUTHORIZATION M &C: 25-0488 Date Approved:06/10/2025 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: )99� BY: Douglas Black (Aug 21, 2025 10:19:51 CDT) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: tFo on Rr�aa BY: ��°s 0 Jannette S. Goodall P°o nIl ..... a� City Secretary nnoaa4 Email: Jannette.Goodall@fortworthtexas.gov Name of Employee/Signature OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6/12/25, 11:25 AM M&C Review ACITY COUNCIL AGEND Create New From This M&C DATE: 6/10/2025 REFERENCE **M&C 25- LOG NAME: 80CENTREPORT PH I A NO.: 0488 AFAAMEND 3 & CO 4 CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 5) Adopt a Resolution Authorizing Execution of Amendment No. 3 to the Advance Funding Agreement with the Texas Department of Transportation for the CentrePort Trail 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 $1,922,096.00 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., for the 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: Official site of the City of Fort Worth, Texas FoR� WoRm 1. Adopt the attached Resolution authorizing execution of Amendment No. 3 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 49494; CSJ# 0902-90-050) for the 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 $1,924,586.00; 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 $100,507.26, 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. CO2458) 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 (PARD) 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 1A and Phase 1 B. Phase 1A 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) for the engineering and construction of the CentrePort Trail Phase I. The City Council approved Amendment No. 1 to increase the grant project budget from $2,757,588.00 to $3,684,450.00 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 apps.cfwnet.org/council_packet/mc_review.asp? I D=33349&cou ncildate=6/10/2025 1 /3 6/12/25, 11:25 AM M&C Review in federal funds contributing to CentrePort Trail Phase I 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 Bond 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 Bond Fund is summarized below. Fund City Project Project Name Authority Original Balance Change Revised No Balance (Increase/Decrease) Balance 2014 Bond Fund 100333 Alliance Park This M&C $69,674.07 ($69,674.07) $0.00 2014 Bond Fund U34014 Fund 34014 Appropriations Onl This y M&C $2,451.30 ($2,451.30) $0.00 2014 Bond Fund CO2472 M Leland Tennis Center This M&C $433.18 ($433.18) $0.00 2014 Bond Fund CO2447 FW Zoo Drainage Improvements This M&C $1.47 ($1.47) $0.00 2014 Bond CO2458 Thomas Place Park & This $4,520.15 ($2,357.24) $2,162.91 Fund Community Center M&C 2014 Bond Trinity Trail East Fort Worth This CO2477 $25,590.00 ($25,590.00) $0.00 Fund Extension M&C 2014 Bond Fund 100082 CentrePort Trail Phase I A This M&C $0.00 $100,507.26 $100,507.26 Total project budget increase is summarized below. Original Budget Change Revised Participation Fund Authority Budget (Increase/Decrease) Budget M&C G-18975; G- Federal Grants Cap Projects Federal 19383; 22-0405; $7 688,374.00 $9,960 $7,698,334.00 Fund M&C 23-0666; This M&C Local PARD Improvements Fund M&C G-18637; G- $350,000.00 $0.00 $350,000.00 (2013 CO's) 18975 Local G-18975; This 2014 Bond Fund $170,002.00 $2,490 $172,492.00 M&C General Capital Projects M&C G-19305; G- Local Fund (PAYG) 19383; 22-0405; $1,020,169.00 $0.00 $1,020,169.00 M&C 23-0666 General Capital Projects Local Fund (Donation from M&C 23-0666 $35,000.00 $0.00 $35,000.00 Streams & Valleys, Inc.) Local PARD Gas Lease Capital M&C 20-0256 $197,513.00 $0.00 $197,513.00 Projects Fund Local City of Grand Prairie G-19383; 22-0405 $149,412.00 $0.00 $149,412.00 Total Grant Project Budget $9,610,470.00 $12,450 $9,622,920.00 Amount Additional Project 2014 Bond Fund This M&C $0.00 $98,017.26 $98,017.26 Contigencies Total Project Budget Amount $9,610,470.00 $110,467.26 $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. PARD project manager, City inspector, City material testing lab will charge salaries to this grant project as incurred. The application Repository is not needed since PARD 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. apps.cfwnet.org/council_packet/mc_review.asp?ID=33349&councildate=6/10/2025 2/3 6/12/25, 11:25 AM M&C Review FISCAL INFORMATION/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. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfic 2) FROM Fund I Department I Account I Project Program Activity Budget I Reference # Amount ID ID I Year I (Chartfield 2) Submitted for Citv Manaaer's Office bv; Dana Burghdoff (8018) Oriainatinq Denartment Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 80CENTREPORT PH I AAFAAMEND 3 & CO 4 fid table v6.xlsx (CFW Internal) 80CENTREPORT PHI AAFAAMEND 3 & CO 4 funds availabilitv.docx (CFW Internal) CentrePort Ph1 Man,pdf (Public) ORD.APP 80CENTREPORT PH I AAFAAMEND 3 & CO 4 A025(r5)(rev).docx (Public) ORD.APP 80CENTREPORT PH I AAFAAMEND 3 & CO 4 A025(r6).docx (Public) RESOLUTION 0902-90-050 AMEND 3.docx (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=33349&councildate=6/10/2025 3/3