HomeMy WebLinkAbout6316-06-2026 - City Council - ResolutionA Resolution
NO. 6316-06-2026
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 $1,243,736.00 WITH CITY PARTICIPATION IN THE
AMOUNT OF $224,004.00 PLUS ANY COST OVERRUNS FOR THE
CONSTRUCTION OF THE 2018 RAILROAD TRINITY RAILWAY
EXPRESS (TRE) AT N. BEACH STREET PROJECT.
WHEREAS, on August 23, 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 N.
Beach Street Project (M&C 22-0334; Resolution No. 5563-05-2022; City Secretary Contract
No. 58040; CSJ#0902-00-315);
WHEREAS, on November 29, 2022, the City and TxDOT executed Amendment No.
1 to the Advance Funding Agreement to increase federal funding to 100% from 80% and
decrease indirect state cost by $257.00 (City Secretary Contract No. 58040A-1, Resolution
No. 5651-11-2022, M&C 22-0987);
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 January 22, 2026 and the low bid was $538,693 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 $1,016,477.00, revise State Costs to $3,255.00 and increase City funding to
$224,004.00.
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 N. Beach Street project (City Secretary
No. 58040; CSJ#0902-00-315) to increase the project amount to $1,243,736.00 with city
participation in the amount of $224,004.00 plus any cost overruns.
Adopted this 9th day of June 2026.
ATTEST
A
Jannette S. Goodall
City Secretary
4 �ZI
� , 0000000c,IF 0 l 4d
p O0
0�00Ad
vo�0*�00.0.000o d
0
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/09/26 M&C FILE NUMBER: M&C 26-0500
LOG NAME: 2018 BOND RR THE AT N BEACH ST
SUBJECT
(CD 11) Authorize Execution of a Contract with The Fain Group, LLC in the Amount of $883,893.00 for Construction of the 2018 Railroad Trinity
Railway Express at North Beach Street Project, Adopt 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 $1,243,736.00 with City Participation in the Amount of
$224,004.00, Plus Any Cost Overruns, Adopt Appropriation Ordinances, and Amend the Fiscal Years 2026-2030 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a contract with The Fain Group, LLC, in the amount of $883,893.00, for the construction of the 2018 Railroad Trinity
Railroad Express at North Beach Street project (City Project No. 101865);
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. 58040; CSJ# 0902-00-315) to increase the project amount to $1,243,736.00 with City
Participation in the amount of $224,004.00, plus cost overruns, for the 2018 Railroad Trinity Railroad Express at North Beach Street project
(City Project No. 101865);
3. Adopt the attached appropriation ordinance, increasing estimated receipts and appropriations in the Grants Capital Projects Federal Fund,
in the amount up to $538,693.00, subject to receipt of the grant, for the purpose of funding the 2018 Railroad Trinity Railroad Express at
North Beach Street project (City Project No. 101865);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the TaxNote2017 Fund, in the amount of
$82,156.70, from Proceeds From Tax Note2017 revenue within the Unspecified -All Funds project (City Project No. UNSPEC), for the
purpose of funding the 2018 Railroad Trinity Railroad Express at North Beach Street project (City Project No. 101865);
5. Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond Program Fund by increasing appropriations in the
2018 Railroad Trinity Railroad Express at North Beach Street project (City Project No. 101865) in the amount of $17,843.30, and decreasing
appropriations in the Authorized, Not Appropriated project (City Project No. U34018) by the same amount;
6. Amend the Fiscal Years 2026-2030 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a construction contract with The Fain Group, LLC, in the
amount of $883,893.00 for construction of the Trinity Railway Express (TRE) at North Beach Street project (City Project No.101865). Approval of
this M&C will also appropriate funding for the THE at North Beach Street project.
The THE at North Beach Street AFA was authorized by the City Council on May 10, 2022, by M&C No. 22-0334.
The 2018 Bond Railroad - THE at North Beach Street project's objective is railroad crossing safety improvements, which include the elimination of
the roadway hump, installation of a median, installation of pedestrian crossings, refreshment of the pavement markings, installation of signage, and
the reconstruction of the deteriorated roadway.
The City of Fort Worth advertised the 2018 Railroad - THE at North Beach Street project in the Fort Worth Star -Telegram on November 12 and
November 19, 2025.
The following bids were received on January 22, 2026.
Bidders
Amount
lThe Fain Group, LLC
$883,893.00
jDavid-Tehoungue Ltd. Co.
I $942,695.00
IlCapko Concrete Structures LLC
I $1,397,122.00
McClendon Construction Company, Inc.
$1,627,254.25
The table below summarizes past appropriations, sources, additional funding, and the estimated total cost of the project at completion:
2018 Railroad — THE at N Beach Street (City Project No. 101865)
Fund Existing Additional project Funding
Funding Appropriation
31001 -Grants Cap $477,784.00 $538,693.00 $1,016,477.00
Projects - Federal
34017 -
TaxNote2017 Fund $0.00 $82,156.70 $82,156.70
(UNSPEC)
34018 — 2018 Bond $445,000.00 $17,843.30 $462,843.30
(U 34018)
(Grand Total $922,784.00 $638,693.00 $1,561,477.00
On May 10, 2022, (M&C 22-0334), the City Council adopted Resolution No. 5563-05-2022 authorizing execution of an Advanced Funding
Agreement (AFA with Texas Department of Transportation (TxDOT) (City Secretary Contract No. 58040) for the construction of the 2018 Railroad -
TRE at North Beach Street (City Project No. 101865).
On November 29, 2022, (M&C 22-0987), the City Council adopted Resolution No. 5651-11-2022 authorizing execution of Amendment No. 1 to the
AFA with TxDOT for an increase in federal participation from 80% to 100% funding, increasing the amount to $477,784.00 for construction and
decreasing indirect state costs by $257.00.
The low bidder's bid price, plus a 15% construction contingency, was $538,693.00 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 was granted.
Amendment No. 2 amends the AFA to include this additional $538,693.00 in federal funding for a total federal funding amount of $1,016,477.00.
The City will be responsible for additional construction cost increases and cost overruns. This amendment also includes an additional $100,000.00
in the City's internal anticipated engineering project management costs unanticipated at the beginning of project development based on average
expenditures at this time. This amendment increases direct state costs by $17,379.00 and decreases indirect state costs by $27,146.00 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
Grant Capital
Projects
Unappropriated
Indirect State
Cost
2018 Bond
Program Fund
Grand Total
Original Amendment No.
Budget (M&C 1 (M&C 22-
22-0334) 0987)
Amendment Revised
No. 2 (this Budget
M&C)
$382,227.00 $95,557.00 $538,693.00 $1,016,477.00
$30,658.00
($257.00)
($27,146.00)
$3,255.00
$445,000.00
$0.00
$0.00
$445,000.00
$857,885.00
$95,300.00
$511,547.00
$1,464,732.00
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.
City salaries will not be charged to this grant project. Indirect Cost recovery does not apply.
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 ordinances, funds
will be available in the current capital budget, as appropriated, in the Grants Cap Projects Federal Fund,TaxNote2017 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 Funding Agreement.
Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804
Oriainatina Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Monty Hall 8662