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HomeMy WebLinkAbout6308-05-2026 - City Council - ResolutionA Resolution NO. 6308-05-2026 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO.2 TO AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO INCREASE THE PROJECT AMOUNT TO $721,595.00 WITH CITY PARTICIPATION IN THE AMOUNT OF $207,441.00 PLUS ANY COST OVERRUNS FOR THE CONSTRUCTION OF THE 2018 RAILROAD TRINITY RAILWAY EXPRESS (TRE) AT RIVERSIDE DRIVE PROJECT. WHEREAS, on July 12, 2022, the City of Fort Worth and the Texas Department of Transportation ("TxDOT") entered into a Local Project Advance Funding Agreement ("AFA") for the construction of the 2018 Railroad Trinity Railway Express (TRE) at Riverside Drive Project (M&C 22-0335, Resolution No. 5564-05-2022; City Secretary Contract No. 57854; CSJ40902-00-317); WHEREAS, on January 23, 2023, the City and TxDOT executed Amendment No. 1 to the Advance Funding Agreement to increase federal funding to 100% from 63% and decrease indirect state cost by $177.00 (City Secretary Contract No. 57854A-1, Resolution No. 5656-11-2022, M&C 22-0990); WHEREAS, due to the Infrastructure Investment and Jobs Act of 2021 (IIJA), 100% of the construction estimate can now be covered by the Federal Highway Administration Railway -Highway Crossing Section 130 Program fund; WHEREAS, bids were received on Januaty 22, 2026 and the low bid was $244,228.00 higher than the estimated construction cost anticipated in the AFA, as amended; and WHEREAS, it has become necessary to amend the AFA to increase the federal funding up to $512,266.00, revise State Costs to $1,888.00 and increase City funding to $207,441.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, THAT: The City Council authorizes the City Manager or Assistant City Manager to execute Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation for the 2018 Railroad Trinity Railway Express (TRE) at Riverside Drive project (City Secretary No. 57854; CSJ40902- 00-317) to increase the total amount to $721,595.00 with city participation in the amount of $207,441.00 plus any cost overruns. Adopted this 12TH day of May 2026. ATTEST Jannette S. Goodall City Secretary afroar a� o° 40�� �_0 o.�¢ Qvo °_� 1 040 � °° 00 ,O' 0 0000000 .O� a rEx AS�go- Mayor & Council Map I CPN #104004 12018 Bond FORTWORTH® Railroad Crossing I Trinity Railway Express at Riverside Drive I CD #11 ti,• Q Project Location 121 -- Railroads exAs d Parks Council Districts 11 - Jeanette Martinez � F rn ❑ ❑ � Q Q z w LU Z Q y r2 ❑ Q .-o:!eh Z i,.cs y W Z Q w ? 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City of Fort Worth, Texas Mayor and Council Communication DATE: 05/12/26 M&C FILE NUMBER: M&C 26-0377 LOG NAME: 2018 BOND RR THE AT RIVERSIDE SUBJECT (CD 11) Adopt Resolution Authorizing Execution of Amendment No. 2 to an Advance Funding Agreement with the Texas Department of Transportation to Increase the Advance Funding Agreement Amount to $721,595.00 With City Participation in the Amount of $207,441.00, Plus Cost Overruns for the 2018 Bond Railroad Trinity Railway Express at Riverside Drive Project, Authorize Execution of a Contract with The Fain Group, LLC in the Amount of $445,449.00 for Construction, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing execution of Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation for the 2018 Bond Railroad Trinity Railway Express at Riverside Drive project (City Project No. 104004) to increase the Advance Funding Agreement amount to $721,595.00 with city participation in the amount of $207,441.00, plus cost overruns; 2. Authorize execution of a contract with The Fain Group, LLC, in the amount of $445,449.00, for the construction of the 2018 Railroad Trinity Railway Express at Riverside Drive project (City Project No. 104004); 3. Adopt the attached appropriation ordinance, increasing estimated receipts and appropriations in the Grants Capital Projects Federal Fund, subject to receipt of the grant, in the amount of $244,228.00 for Federal participation, for the purpose of funding the 2018 Bond Railroad Trinity Railway Express at Riverside Drive project (City Project No. 104004); and 4. 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 Amendment No. 2 to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to increase the Advance Funding Agreement amount to $721,595.00 with City participation in the amount of $207,441.00, plus cost overruns, for the 2018 Bond Trinity Railway Express (TRE) at Riverside Drive project, and to authorize execution of a construction contract with The Fain Group, LLC in the amount of $445,449.00. The 2018 Bond Railroad — THE at Riverside Drive project's objective is railroad crossing safety improvements, which include the elimination of the roadway hump, installation of a median, installation of pedestrian crossings, refreshing the pavement markings, installation of signage, and the reconstruction of the deteriorated roadway. The City of Fort Worth advertised the 2018 Bond Railroad — THE at Riverside Drive (City Project No. 104004) in the Fort Worth Star -Telegram on November 12 and November 19, 2025 The following bids were received on January 22, 2026. Bidders Amount The Fain Group, LLC $445,449.00 Coronado Roadway Construction, LLC $527,042.97 Capko Concrete Structures LLC $612,834.00 McClendon Construction Co, Inc. $745,508.25 The table below summarizes past appropriations, sources, additional funding, and the estimated total cost of the project at completion: 2018 Railroad — THE at Riverside Drive (City Project No. 104004) Fund 11Existing Funding 11Additional Appropriation11 Project Funding 34018 — 2018 Bond Program Fund 31001 - Grants Cap Projects - Federal Grand Total $395,000.00 268,038.00 $663,038.00 $0.00 244,228.00 $244,228.00 $395,000.00 512,266.00 $907,266.00 On May 10, 2022, (M&C 22-0335), the City Council adopted Resolution No. 5564-05-2022 authorizing execution of an AFA with TxDOT (City Secretary Contract No. 57854) for the construction of the 2018 Bond Railroad - THE at Riverside Drive project (City Project No. 104004). On November 29, 2022, (M&C 22-0990), the City Council adopted Resolution No. 5656-11-2022 authorizing execution of Amendment No. 1 to the AFA for an increase in federal participation to 100% funding, from 63%. The low bidder's bid price, plus a 15% construction contingency, was $244,228.00 higher than the estimated construction cost recited in the AFA. The Transportation and Public Works Department (TPW) petitioned TxDOT for additional federal funds to cover the additional construction cost, which were granted. Amendment No. 2 amends the AFA to include this additional $244,228.00 in federal funding for a total federal funding amount of $512,266.00. The City will be responsible for additional construction cost increases and cost overruns. This amendment increases the City's cost participation to $207,228.00 due to TxDOT's Fiscal Year (FY) 2026 new rate and calculation method of indirect state costs. The appropriations for the federal grant will be increased, as shown below. Fund 31001-Grants Cap Projects - Federal Unappropriated Indirect State Cost 34018-2018 Bond Program Fund Grand Total Original Budget Amendment No. 1 Amendment No. 2 (M&C 22-0335) (MSC 22-0990) (this M&C) $168,864.00 $99,174.00 21,046.00 (177.00) 395,000.00 0.00 $584,910.00 $98,997.00 $244,228.00 (18,981.00) N M Revised Budget $512,266.00 1,888.00 395,000.00 $225,247.00 $909,154.000 The additional federal funding awarded for this project was not included in the FY2026-2030 Capital Improvement Program because grant funding is appropriated at the time of the grant award. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. The construction portion of this contract is 100% federally funded. The City's contribution is for preconstruction and administrative costs. No city salaries will be charged to the grant project. Indirect cost recovery does not apply. The City defers to the State's small or disadvantaged business goal procedures; thus, the City's small business goal does not apply. The state has rescinded its goal program. The project is located in COUNCIL DISTRICT 11. 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 / 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 Cap Projects Federal Fund for the 2018 Bond RR THE at Riverside project. 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 reimbursement grant. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662