HomeMy WebLinkAbout28589-06-2026 - City Council - OrdinanceORDINANCE No.28589-06-2026
AN 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);
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2025-
2026 in the Budget of the City Manager, there shall also be increased 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).
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative
or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no
way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 27979-09-2025 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
aUoe—
Douglas Black (Jun 23, 2026 14:12:37 CDT)
Assistant City Attorney
ADOPTED: June 09, 2026
EFFECTIVE: June 09, 2026
CITY SECRETARY
Jannette S. Goodall
City Secretary
a ILQ
dq FORp
i"000aO
000°oOo�0o
04
°A.
OO 0
O °O°O°Ooo°°
A5�4p
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
IThe Fain Group, LLC $883,893.001
JDavid-Tehoungue Ltd. Co. I $942,695.00
lCapko Concrete Structures LLC $1,397,122.00
IMcClendon 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
(U34018)
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.
Original
Fund Budget (M&C
22-0334)
Grant Capital
Projects
Unappropriated
Indirect State
Cost
2018 Bond
Program Fund
Grand Total
$382,227.00
$30,658.00
$445,000.00
$857,885.00
Amendment No. Amendment Revised
1 (M&C 22- No. 2 (this Budget
0987) M&C)
$95,557.00 $538,693.00 $1,016,477.00
($257.00) ($27,146.00) $3,255.00
$0.00 $0.00 $445,000.00
$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