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HomeMy WebLinkAbout6292-04-2026 - City Council - ResolutionA Resolution NO. 6292-04-2026 A RESOLUTION AUTHORIZING EXECUTION OF AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $11,006,805.00 WITH CITY PARTICIPATION IN THE AMOUNT OF $2,976,500.00 PLUS 100% OF COST OVERRUNS, FOR CONSTRUCTION OF THE HERITAGE PARK PEDESTRIAN TRAIL WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct, and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects; and 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 (City) applied for, and was awarded Federal funding in the amount up to $8,000,000.00 for the construction of the Heritage Park Shared Use Pathways, aWa Heritage Park Canopy Walk from the Northwest corner of W. Belknap Street and N. Houston Street to the Trinity River Trail system through the CMAQ Program; and WHEREAS, the City of Fort Worth desires to enter into an Advance Funding Agreement with TxDOT for the construction of the Heritage Park Pedestrian Trail, a shared use pathway including bicycle and pedestrian improvements, in the amount of $11,006,805.00 with Federal Participation in the amount up to $8,000,000.00, State Costs in the amount of $30,305.00, City Participation in the amount of $2,976,500.00 plus 100% of cost overruns; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: The City Council authorizes the City Manager or Assistant City Manager to execute an Advance Funding Agreement with TxDOT for the construction of Heritage Park Pedestrian Trail (CSJ: 0902-90- 405) in the amount of $11,006,805.00 with City Participation in the amount of $2,976,500.00 plus 100% of cost overruns. Adopted this 28th of April 2026. ATTEST: Jannette S. Goodall, City Secretary v�Raa0F°Fr4 ° o 0 =F 1� 00000000 .O' Kai nEx0-:Z - City of Fort Worth, Texas Mayor and Council Communication DATE: 04/28/26 M&C FILE NUMBER: M&C 26-0272 LOG NAME: 80HERITAGE PARK CANOPY WALK SUBJECT (CD 9) Adopt Resolution Authorizing Execution of an Advanced Funding Agreement with Texas Department of Transportation n the Total Amount of $11,006,805.00 for the Construction of the Heritage Park - Shared Use Path / Canopy Walk Trail Connection; Adopt Appropriation Ordinances; and Amend the Fiscal Years 2026-2030 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing execution of an Advanced Funding Agreement with the Texas Department of Transportation for the construction of the Heritage Park - Shared Use Path / Canopy Walk trail connection project (City Project No. 104827) in the amount of $11,006,805.00 with federal participation in the amount of $8,000,000.00, indirect state participation in the amount of $30,305.00, city participation through 2022 Bond Program in the amount of $2,000,000.00; and State and Local design phase services in the amount of $976,500.00, local amount paid from 2014 Bond Program funding, and 2 Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Grants Cap Projects Federal Fund in the amount up to $10,000,000.00, 1. In an amount up to $8,000,000.00, subject to receipt of the grant, for the purpose of funding the construction of the Heritage Park - Shared Use Path / Canopy Walk trail connection project (City Project No. 104827); and 2. In an amount up to $2,000,000.00, all of which is 2022 Bond Program funds to fund the Heritage Park - Shared Use Path/ Canopy Walk trail connection project (City Project No. 104827); and 3. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adopt a resolution authorizing execution of an Advanced Funding Agreement (AFA) with the Texas Department ofTransportation (TxDOT) in the amount of $11,006,805.00 for the Heritage Pa rk- Shared Use Path/ Canopy Walk project, a Congestion Mitigation and Air Quality (CMAQ) improvement. Funding includes $8,000,000.00 in federal participation, $30,305.00.00 in indirect state participation, $2,000,000.00 in City participation, plus cost overruns, from the 2022 Bond Program - Heritage Shared Use Path / Canopy Walk, and State and Local design phase services in the amount of $976,000.00, the State and Local design phase portion funded from both the 2014 Bond Program (City Project No. CO2471) and 2022 Bond Program (City Project Kb- 104827). The Heritage Park - Shared Use Path / Canopy Walk project begins at the northwest comer of Houston and Belknap streets. The Americans with Disability Act (ADA) compliant pedestrian and bike pathway will extend north, in front of and along the west edge of Heritage Plaza and then turn into an elevated canopy walk that will wind down to the Trinity River, dropping in excess of 70 feet in elevation. In addition, a bike pathway will be provided along the north edge of the County parking garage, connecting to N Taylor St Both pathways will result in connection to the Trinity River Trail system. The design phase was funded locally with 2014 Bond Program (City Project No. CO2471) funds and private funding, provided by Downtown Fort Worth Initiatives, Inc. Federal grant funds will cover 100% of construction costs until the federal funding reaches the maximum obligated amount. City 2022 Bond Program Funds will be used for the 20% local cash match requirement and State and Local design phase costs. The City of Fort Worth will be responsible for 100% of any overrun costs. The total project budget for AFA CSJ 0902-90-405 is summarized below: Fund Cap Projects Federal Fund Indirect State Costs Cap Projects Local Match Design Phase Services - State and Local ATotal Amount Comments $8,000,000.00I Budgeted $30,305.00 lh budgeted $2,000,000.00 `Budgeted $976,500.001 Budgeted $11,006,805.00 Indirect cost recovery does not apply to the total project cost. The Park & Recreation Department (PARO) project manager, city inspector, and city material testing lab will charge salaries to this grant project as incurred. There is no grant application repository number, as PARO did not apply for this grant. Funding for this project was not included in the Fiscal Years 2026-2030 Capital Improvement Program (CIP) because grant funds are not included in the CIP. The action in this M&C will amend the Fiscal Years 2026-2030 CIP as approved in connection with Ordinance 27979-09-2025. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). The Heritage Shared Use Path/ Canopy Walk project is in COUNCIL DISTRICT 9. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: State Agency - TxDOT FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that funds are currently available in the Heritage Park Canopy Walk project within the 2022 Bond Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Grants Cap Projects Federal Fund for the Heritage Shared Use Path / Canopy Walk project. The Park and 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 Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Teresa Thomason 5708 Additional Information Contact: Scott Penn 5750