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Home My WebLink AboutContract 44613cmr s�cR�t��L CON1'f�►C'i Nt�. ,,,, SUPPLEMENTAL FUNDING AGREEMENT This Supplemental Funding Agreement (this "Agreement") effective as of the last date written by an executing party (the "Effective Date"), is by and between BNSF Railway Company, a Delaware coiporation ("BNSF") and the City of Fort Worth, a Texas home-rule municipal corporation (the "City"). STATEMENT OF FACTS: A. Five major freight and passenger rail lines from across North America merge into a single intersectiori in Fort Worth, Tarrant County, Texas (such intersection, the "Tower 55 Junction"), where two north-south main lines (the "North-South Lines") cross two east- west main lines (the "East-West Lines"). B. BNSF owns and maintains one of the North-South Lines, and the Union Pacific Railroad Company, a Delaware corporation ("UPRR") owns and operates the other North-South Line and both East-West Lines. C. The Tower 55 Junction causes delays and congestions because trains must stop and wait for other trains on conflicting tracks to pass through the crossing. D. BNSF and UPRR are participating in a rail mobility and livability improvement project in the vicinity of the Tower 55 Junction that includes designing and constructing an additional rail line and making other related infrastructure modifications and improvements (the "Project"). E. The State of Texas (the "State"), in collaboration with BNSF, UPRR, and the City, applied to the United States Department of Transportation for funding for the Project under the grant program (the "TIGER II Program") provided in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010 (Division A of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117, December 16, 2009)), regarding National Infrastructure Investments. F. The State was awarded a grant for the Project under the TIGER II Program in an amount up to $34,000,000 on October 20, 2010. G. The Texas Transportation Commission, in Minute Order Number 112515 dated December 16, 2010, indicated that the State would help finance the Project in an amount up to $1,000,000. H. Because the City considers the Project one of its top transportation priorities in both its federal and state legislative programs and has sought to develop solutions to alleviate congestion at the Tower 55 Junction through its inter-local agreement with the North Central Texas Council of Governments (M&C G22033, April 3, 2007, and because the Tower 55 Project is expected to reduce locomotive idling, reduce vehicle idling and congestion at roadway crossings, improve safety� and improve air quality,_ the CitX concurrently pledged $1 million in local funding for the Project. I� � C; � I V � C1 .IUI. � � `l�ii C�b�L�Uc�Vt��\� �3��'�ca�� ITY SECREYARY -1- � - �'t'. WARTH, �'X 031432 000407 5314561.7 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affiaed, and BNSF has duly executed this instrument in quadruplicate as of the date inscribed by the respective signatories. App��oved as to Form & Legality: BNSF: BNSF RAILWAY COMPANY, a Delaware corporation By: - �<<-�c L�ti��:� Name: l�E��c�, j��Ol.s-e_ Title: UP N�e��t,�;�w��l _ .5�.�-�� ;,� Date: 3 —'�— 2013 THE CITY: THE CITY OF FORT WORTH, a Texas municipal rporation By: ernando sta, Ass tant City Manager Date: % � � Douglas W. Black, Assistant City Attorney M&C No.: � L E� I� Date: t( i r 3 ATTEST: -� ; � �� Ma�y J. :U.u.�;':;. c� �� qoo oop� �. � � oQY�� ` � o�i o � �o � o�°� � � �e0000 � �� F�ICIAL RECDR� CITY SIECRETAity ��'. WORTH, T�� M&C Review � �r. � ., Page 1 of 3 Official site of tiie City of Fort VJorth, Texas ��i��r�� ,_w , ��.�_� � ��.� �� .��, .��:,�� :=_� .w.}�� ,�,��: �:�h.�.� � � � � �� .�.,�� :� COUNCIL ACTION: Approved on 4/9/2013 - Ordinance Nos. 20697-04-2013 & 20698-04-2013 :_,,� .:�:..�,�.�� ._.,�:�. ,_.��w�, y��rv. � �.,. ,..��..��.��:.....�.�,� , �� rca � ,_�-�-��.� ;��r� DATE CODE: SUBJECT: 4/9/2013 REFERENCE NO.: C-26197 LOG NAME: 06TOWER55CFA NON- PUBLIC C TYPE: CONSENT HEARING: NO Authorize Execution of a Community Facilities Agreement with the Buriington Northern Santa Fe Railroad in the Amount of $3,638,009.29 with City Participation Not to Exceed $548,758.83, Authorize Execution of a Community Facilities Agreement with the Union Pacific Railroad in the Amount of $301,425.00 with City Participation Not to Exceed $6,376.00, Authorize Execution of a Funding Agreement in the Amount of $1,000,000.00 with the Burlington Northern Santa Fe Railroad and Adopt Appropriation Ordinances to Increase the Capacity of the Tower 55 Railroad Interchange (COUNCIL DISTRICTS 8 and 9) ;:';.^'�{,.��..::..�awvi�L:^F.`�=f rr�_'a"�"��„+.,�:s":.,G2�".3"v/5-w.%...m.'�€S�,E..,.3.Px.w'.,�,.l:'.v:":'�"?�.:sra...��,.:.Y.A"'r,?� �rY�Ga..�.,.�.vw:�w.'�i.'.rv'�f/r"..X�i'tez�s.:�':'^'::.',?5",�r'. ..�'a"�'�'a�'.,%�""�.':Pw✓�.:Sn:�.�i�'.3`_.�"m.'iT..f.;'?a"-".-�3."-�^.",�_"s'� RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $1,000,000.00 from available funds; 2. Authorize the transfer of $1,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,000,000.00 from available funds; 4. Authorize the execution of the Tower 55 Funding Agreement in the amount of $1,000,000.00 for the purpose of advancing the City's objectives with respect to the Tower 55 improvements; 5. Authorize execution of a Community Facilities Agreement with the Burlington Northern Santa Fe Railroad in the amount of $3,638,009.29 with City participation not to exceed $548,758.83 for pavement and intersection improvements and for the relocation of water, sanitary sewer and storm sewer services in the area; and 6. Authorize execution of a Community Facilities Agreement with the Union Pacific Railroad in the amount of $301,425.00 with City participation not to exceed $6,376.00 for water and sanitary sewer improvements. DISCUSSION: Tower 55 is an at-grade rail intersection in central/downtown Fort Worth where at least five major freight and passenger rail routes converge into two north-south main lines crossing two east-west main lines. This intersection is a significant bottleneck in the U.S. rail network, and with nearly 100 trains crossing daily, it operates at or above 90 percent of its volume capacity. Congestion at Tower 55 negatively impacts the regional econorny, environmental quality, and livability within Fort Worth. The objectives of this project to increase the capacity of the Tower 55 interchange include reducing train delays and locomotive idling, as well as vehicle idling while waiting at street crossings, thereby increasing the efficiency of the national railroad transportation system, reducing air emissions in and around the Tower 55 area (an Air Quality Nonattainment Zone), and improving the safety and livability for the City's residents through improved pedestrian crossing facilities, closing certain at-grade crossings, and making other roadway improvements for better vehicle mobility and emergency vehicle access. In addition to and complimentary with the actual trackage work, the Burlington Northern Santa Fe Railroad (BNSF) and the Union Pacific Railroad (UPRR) have each agreed to make various improvements to affected City water, sewer, storm water and streets (including lighting, signals and sidewalks) facilities M&C Review Page 2 of 3 through separate Community Facilities Agreements (CFA). The City has agreed to participate in the costs of the improvements at the levels indicated. The City has participated in design review of the work to be performed under the CFAs. The project will achieve its objectives through: Adding an additional north-south track across the intersection, a new interchange at the Tower, and improved approach trackage and signaling; Rehabilitating and replacing railroad bridges; Improvement to City streets and intersections to support grade-crossing closures; Improvement or relocation of the numerous City water, sanitary sewer and storm sewer conflicts requiring relocation and/or improvement; Improved roadway-bridge pier protection; and Increased bridge-height clearances for improved emergency vehicle access. The Tower 55 project is being funded through a partnership between the Federal Railroad Administration, the Texas Department of Transportation, BNSF, UPRR and the City of Fort Worth. The funding breakdown is as follows: Staff is recommending execution of the attached funding Agreement that authorizes the transfer of the City's $1,000,000.00 commitment to the project to BNSF. BNSF will share a portion of these funds with the UPRR under a separate Agreement between those two entities. Staff is further recommending execution of the two Community Facilities Agreements: one with the Burlington Northern Santa Fe Railroad and one with the Union Pacific Railroad as described above. City funding for the CFAs will be as follows: Water and Sewer: $418,259.00 (BNSF) + $6,376.00 (UPRR) Storm Water: $130,499.83 (BNSF) Total City Participation for BNSF and UPRR: $555,134.83 This project is located in COUNCIL DISTRICTS 8 and 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Project Bond Fund, Water Capital Project Fund and Sewer Capital Project Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers 1) GC10 472001 013010001000 $1,000,000.00 1) GC10 538070 013010001000 $1,000,000.00 2) C291 472010 069340205420 $1,000,000.00 31 C291 472010 069340205420 $1,000,000.00 FROM Fund/Account/Centers 5) P227 541200 209280205483 $124,028.76 5) P227 541200 209280205484 2 157.02 51 P227 541200 209280208485 4 314.05 5) P265 539140 609140205483 $381,738.00 TOTAL $101,293,000.00 M&C Review 3) C291 539900 069340205420 $1,000,000.00 Submitted for Citv Manager's Office bv: Originatina Department Head: Additional Information Contact: ATTACHMENTS 06TOWER55CFA C291 A013.doc 06TOWER55CFA GC10 A013.doc BNSF SupplementalFundinqAr�reement.pdf construction limits3.pdf 5)P265 531350 609140205485 5)P265 531200 609140205484 51P275 539140 709130205483 51P275 531350 709130205485 51P275 531200 709130205484 2)GC10 538070 013010001000 61P275 539120 708130205283 6)P275 531350 708130205285 6)P275 531200 708130205284 41C291 539900 069340205420 Fernando Costa (6122) Randle Harwood (6101) Bryan Beck (7909) David Schroeder (2239) Page 3 of 3 7 635.00 7 635.00 $20.433.00 409.00 409.00 $1,000,000.00 6 130.00 123.00 123,00 $1,000,000.00 http://apps.cfwnet.or�/council_packet/mc_review.asp?ID=18274&councildate=4/9/2013 4/30/2013