Loading...
HomeMy WebLinkAbout058040-A2 - Construction-Related - Contract - Texas Department of Transportation (TxDOT)Docusign Envelope ID: E8BFF3DF-AF7B-8153-8128-524B4A83D632 TxDOT: CCSJ # 0902-00-315 AFA ID Z00002833 AFA CSJs 0902-00-315 District # 02 Code Chart 64# 15000 Project Name 2018 Railroad TRE at North Beach Street Federal Highway Administration: I CFDA No. 120.205 I I CFDA Title I Highway Planning and Construction AFA Not Used For Research & Development THE STATE OF TEXAS § CSC No. 58040-A2 THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Federal Railway -Highway Crossing Program OFFICIAL RECORD Off -System CITY SECRETARY FT. WORTH, TX AMENDMENT #2 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 08/23/2022 to effectuate their agreement for safety improvements at the crossing of North Beach Street and the Trinity Railway Express (TRE)'s track; from 25O feet South of the Railroad (TRE) Crossing to 4OO feet North of the Railroad (TRE) Crossing. The scope also includes pedestrian improvements; and, WHEREAS, the parties executed Amendment #1 to the contract on 01/23/2023 to increase Federal funding to 1OO% from 8O% due to project meeting fully funded eligibility federal requirements and decreasing indirect state cost by $257.00 due to fiscal year 2O23 new rate of indirect state cost; and, WHEREAS, it has become necessary to amend that contract in order to increase Federal funding for construction due to low bid amount, increase construction direct state costs by $17,379, and decrease indirect state costs by $27,146 due to fiscal year 2O26 new rate and calculation method of indirect state costs; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the parties do agree as follows: AGREEMENT 1. Attachment B-1, Project Budget, is deleted in its entirety and replaced with Attachment B-2, Project Budget, which is attached to and made a part of this Amendment. The total estimated cost of the Project increased by $528,926.00, from $714,810.00 to $1.243,736.00, due to the increase of Federal funding for construction because of the low bid amount and the increase of construction direct state costs because of the increased construction funding. AFA Amend Page 1 of 2 Rev. 10/03/2024 Docusign Envelope ID: E8BFF3DF-AF7B-8153-8128-524B4A83D632 TxDOT: CCSJ # 0902-00-315 AFA ID Z00002833 AFA CSJs 0902-00-315 District # 02 Code Chart 64# 15000 Project Name 2018 Railroad THE at North Beach Street Federal Highway Administration: I CFDA No. 120.205 I I CFDA Title I Highway Planning and Construction AFA Not Used For Research & Development 2. Attachment C-1, Resolution, Ordinance, or Commissioners Court Order, is supplemented by adding Attachment C-2, Resolution, Ordinance, or Commissioners Court Order. The resolution is being updated to reflect the increase of Federal funding for construction due to the low bid amount and the increase of construction direct state costs because of the increased construction funding. 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 DocuSigned by: Signed by: LOL Ina ure Kenneth Stewart Typed or Printed Name Director, Contract Services Typed or Printed Title 9/22/2026 Date AFA Amend Page 2 of 2 Jesica McEachern Typed or Printed Name Assistant City Manager Typed or Printed Title 9/22/2026 Date Rev. 10/03/2024 Docusign Envelope ID: E8BFF3DF-AF7B-8153-8128-524B4A83D632 TxDOT: CCSJ # 0902-00-315 AFA ID Z00002833 AFA CSJs 0902-00-315 District # 02 Code Chart 64# 15000 Project Name 2018 Railroad THE at North Beach Street Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT B-2 PROJECT BUDGET Costs will be allocated based on 100% Federal funding until the Federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Local Estimated Participation Cost % Cost Environmental (by $15,17 100% $15,175 Local Government) Engineering (by Local $136,19 100% $136,198 Government) Right of Way (by Local $11,42 100% $11,424 Government) Utilities (by Local $2,13 100% $2,136 Government) Construction (by Local $1,016,477 0% $0 Government) Subtotal $1,181,41C 100% $164,933 $759 Environmental Direct $75 State Costs Engineering Direct $6,81 100% $6,810 State Costs 100% $571 Right of Way Direct $571 State Costs 100% $107 Utility Direct State $10 Costs Construction Direct $50,82 100% $50,824 State Costs Subtotal $59,071 $59,071 Indirect State Costs $3,25 0% $0 (5.51%) TOTAL $1,243,736 $224,004 Federal Participation Cost 0% $0 0% $0 0% $0 0% $0 100% $1,016,477 $1,016,477 0% $0 0% $0 0% $0 0% $0 0% $0 $0 0% $0 $1,016,477 State Participation Cost 0% $0 0% $0 0% $0 0% $0 0% $0 $0 0% $0 0% $0 0% $0 0% $0 0% $0 $0 100% $3,255 $3,255 Initial payment by the Local Government to the State: $_8,247.00 . Payment by the Local Government to the State before construction: $ 50,824.00 Estimated total payment by the Local Government to the State $ _59,071 .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 B-2 Docusign Envelope ID: E8BFF3DF-AF7B-8153-8128-524B4A83D632 TxDOT: CCSJ # 0902-00-315 AFA ID Z00002833 AFA CSJs 0902-00-315 District # 02 Code Chart 64# 15000 Project Name 2018 Railroad TRE at North Beach Street Federal Highway Administration: CFDA No. 20.205 CFDA Title I Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT C-2 RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER A Resolution RESOLUTION 26-6347 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 51,243,736.00 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, 20.22. 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. 5563-05-2[122; City Secretary Contract No. 58040, CSJ70002-00-315). and WIIEREAS, on January 23. 2023. the City and TxDOT executed Amendment No. I to the Advance Funding Agreement to increase federal funding to 1 00% from 80% and decrease indirect state cost by $257.00 (City Secret ry Contract No. 58040A.-1, Resolution No. 5651-11-2022. M&C 22-0987): and WHEREAS, due to the Infrastructure Investment and Jobs Act of 2021 (IIJA'}, I00% of the construction estimate can now be covered by the Federal Highway Administration Railway -Highway Crossing Section 130 Program fund, and 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 overall total project costs by the amount of $528,926 with federal funding increasing to $1.016.477.00, State Costs decreasing to $3,255.00 and City funding increasing to $224,004.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: l- 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 (TitE) at N. Beach Street project (City Secretary No. 58040; CSJ40902.-011.315) to increase the project amount to $1 243.736.00 with city participation in the amount of 5224,004.00 plus any cost averrurts. 2_ This resolution shall he effective from and after its passage by the City Council. Page 1 of 2 AFA LongGen Attachment C-2 Docusign Envelope ID: E8BFF3DF-AF7B-8153-8128-524B4A83D632 TxDOT: CCSJ # 0902-00-315 AFA ID Z00002833 AFA CSJs 0902-00-315 District # 02 Code Chart 64# I 15000 Project Name 2018 Railroad THE at North Beach Street A opted this Ata�iist ii. 2025. ATTEST: By: Jannette S. Goodall. City Secretary Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Page 2 of 2 AFA LongGen Attachment C-2 FORT WORTH MAYOR AND COUNCIL COMMUNICATION 7.1.52 TXDOT ADVANCE FUNDING AGREEMENT AMENDMENT NO.2 FOR 2018 TRE AT N BEACH STREET PROJECT DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0770 DEPARTMENT: TRANSPORTATION PUBLIC WORKS SUBJECT (CD 11) Rescind Resolution No. 6316-06-2026 and 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, for the 2018 Railroad Trinity Railway Express at North Beach Street Project RECOMMENDATION It is recommended that the City Council: 1. Rescind Resolution No. 6316-06-2026; and 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). DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to rescind Resolution No. 6316-06-2026, adopted by M&C 26-0500, to correct errors and adopt a new resolution authorizing execution of Amendment No. 2 to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) in the amount of $1,243,736.00, with City funds in the amount of $224,004.00, for the 2018 Railroad Trinity Railroad Express (TRE) at North Beach Street project (City Project No. 101865). All other actions of M&C 26-0500 shall remain valid. The project is located in COUNCIL DISTRICT 11. 1 of 2 FORT WORTH This contract will be with a governmental entity, state agency or public institution of higher education. FISCAL IN FORMATION/CERTIFICATION The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Jesica L. McEachern, # 5804 ORIGINATING BUSINESS UNIT HEAD: Lauren L. Prieur, #6035 ADDITIONAL INFORMATION CONTACT: Monty Hall, #8862 ATTACHMENTS 1. Resolution - TxDOT AFA Amendment No. 2 [7.1.52.1 - 2 pages] 2 of 2 ADVANCE FUNDING AGREEMENT AMENDMENT 2 CSJ: 0902-00-315 PROJECT NAME: 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH 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. a. Paul D. Clutts, PE / Name of Employee/Signature Title: Sr Professional Engineer Email: paul.clutts@fortworthtexas.gov APPROVAL RECOMMENDED: Olawwa� / n:.wL BY: Lauren Prieur (Oct 20, 2026 08:43:54 CDT) Lauren Prieur, Director Transportation and Public Works Department Email: lauren.prieur@fortworthtexas.gov CONTRACT AUTHORIZATION M&C: 26-0770 Date Approved: 08/11/26 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: BY: Douglas Black (Oct 20, 2026 17:06:47 CDT) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: Jannette S. Goodall City Secretary Email: Jannette.Goodall@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 0 docusign Certificate Of Completion Envelope Id: E8BFF3DF-AF7B-8153-8128-524B4A83D632 Subject: FTW - AFA Fed Railway-HCP Amend 2- CSJ 0902-00-315 / Z00002833 - City of Fort Worth Source Envelope: Document Pages: 11 Signatures: 2 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 9/22/2026 10:47:18 AM Security Appliance Status: Connected Holder: Brenda Clemency Brenda.Boyd@txdot.gov Pool: StateLocal Status: Completed Envelope Originator: Brenda Clemency 125 E. 11th Street Austin, TX 78701 Brenda.Boyd@txdot.gov IP Address: 209.112.107.133 Location: DocuSign Signer Events Signature Timestamp Jesica McEachern 1—Signedy: b Sent: 9/22/2026 10:52:02 AM Jesica.McEachern@fortworthtexas.gov Viewed: 9/22/2026 10:54:58 AM Assistant City Manager F4BA53B,Bs,4427. Signed: 9/22/2026 10:55:33 AM Security Level: Email, Account Authentication (Optional) Signature Adoption: Uploaded Signature Image Using IP Address: 204.10.90.100 Electronic Record and Signature Disclosure: Accepted: 9/22/2026 10:54:58 AM ID:4fcb2678-0aaa-475b-8bfa-b465b0815c18 Kenneth Stewart [D—USig"Id by' In�n� Sft,wavt Sent: 9/22/2026 10:55:35 AM kenneth.stewart@txdot.gov Viewed: 9/22/2026 10:58:36 AM Director Contract Services F,CDA80FDB8C4B6... 9 SI ned: 9/22/2026 10:58:41 AM Texas Department of Transportation Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (Optional) Using IP Address: 204.64.21.249 Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Shelia Jenkins Shelia.Jenkins@txdot.gov Texas Department of Transportation Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via Docusign Signature Status Status Status Status Status COPIED Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 9/22/2026 10:52:00 AM Carbon Copy Events Paul D. Clutts Paul.Clutts@fortworthtexas.gov Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via Docusign F I N_LOCAL-PARTICIPATION FIN_LOCAL-PARTICIPATION@TXDOT.GOV Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via Docusign Status COPIED COPIED Witness Events Signature Notary Events Signature Envelope Summary Events Status Timestamp Sent: 9/22/2026 10:52:01 AM Sent: 9/22/2026 10:58:43 AM Timestamp Timestamp Timestamps Envelope Sent Hashed/Encrypted 9/22/2026 10:52:00 AM Certified Delivered Security Checked 9/22/2026 10:58:36 AM Signing Complete Security Checked 9/22/2026 10:58:41 AM Completed Security Checked 9/22/2026 10:58:43 AM Payment Events Status Electronic Record and Signature Disclosure Timestamps Electronic Record and Signature Disclosure created on: 1/9/2015 7:21:34 AM Parties agreed to: Jesica McEachern ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Texas Department of Transportation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Texas Department of Transportation: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: kevin.setoda@txdot.gov To advise Texas Department of Transportation of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at kevin.setoda@txdot.gov and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from Texas Department of Transportation To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to kevin.setoda@txdot.gov and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Texas Department of Transportation To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to kevin.setoda@txdot.gov and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for 1 SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: . Allow per session cookies • Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify Texas Department of Transportation as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Texas Department of Transportation during the course of my relationship with you. FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Texas Department of Transportation Subject of the Agreement: Amendment No. 2 to CSC No. 58040, an Advance Funding Agreement for the 2018 Railroad Trinity Railway Express at North Beach Street Project M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. 58040-A2 Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 101865 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.