HomeMy WebLinkAboutContract 44613 CITY SECWAWL
Counua N06
SUPPLEMENTAL U DING AGREEMENT
This Supplemental Funding Agreement (this "Agreement") effective as of the last date
written by an executing party (the "Effective ate"),, us by and between NS T Railway
Company, a Delaware corporation "BNS ) and -the City of Fort Worth, a Texas home-rule
municipal corporation (the "City").
.
STATEMENT OF FACTS
S w
A. Floc major freig ht and passenger rail lines, from across North America merge into a single
intersection in Fart rth, �1�'arrant County, Texas (such intersection, the "Tower 55
Junction"), where two north-south main lines (the "North-South Lines") crass two east-
west wain lines the East-West Lines").
B. NSF owns and maintains ore of the North-SOuth Lines, and the Union Pacific railroad.
Company, � Delaware corporation " UP ins and 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 confii.cting tracks to pass tlu uug h 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 N'S , Lip RR, and the City,
applied to the United States Department of "l ransp+ rtation 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, 201 Pub. L. 1 l 1-117, December
1+ , 20 9)), regarding National Infrastructure Investments.
F. The State was awarded a grant for the Project tinder the TIGER 11 Program in an amount
nt
up to $34,0100,000 on October 2 , 201.0.
G. The Texas Transportation rtation Corrumission, in in.ute Order Number 112515 dated
December 16, 2 1 �, indicated that the State would help finance the Project in an amount
up to 1,000,+ 00.
H. Because the City considers the Project one of its top transportation priorities in both its
federal and state legislative program s and has sought to develop solutions to alleviate
congestion at the "dower 55 ;Junction through its linter-local agreement with the North
Central Texas Council of Governments (M&,C C-22033, April 3, 2007, and because the
Tower 55 Project is expected to reduce locomotive idling, reduce vehicle idling and
congestion at roadwa y crossings, improve safety, �n improve our quality
the City
concurrently pledged $1 million in local fun ding for the Project. OFFICIAL RECORD
_AVED JUL CITY SECRETARY
FT,WORTH9 TX
1432 000407 53 145'61.7
AGREEMENTS:
In consideration of the recitations, described above and i n ine ere defined CFA
h inatter
and for other good and valuable consideration, receipt and sufficiency of which are hereby
acknowledged, the City and NSA"' harshly agree as follows.-
1. Delfi nits ons. Capitalized terns used but not defined in this Agreement have the
meanings given, such terms in that certain Community Facilities Agreement, City Contract No.
executed by and between BNSF and the City and dated effective on or about the
Effective Date (the "CFA"),
2. City Contribution. The, City agrees to contribute $1,000,000 (the "Cll-ty
Coin trl*b utio n' toward the costs of the Project, such amount payable to BASF within ten
business days after the parties' mutual execution and delivery of the CFA and this Agreement.
As recited above,, the City Contribution is separate from and in addition to amounts payable by
the City with respect to the Trnprovements pursuant to paragraph, I of, and Attachment B to,, the
CFA.
3 BNSF D istribution. NSA` acknowledges -that a portion of'the City Contribution
is payable to UPRR, another Pro,*e�ct plarticipant. B,NSF will cause the
(the UP Share") 0 j
UP RR Share of the City Contribution to, be plaid over to UPRR pursuant to and in accordance
with a,separate written agreement between BNSF and UPRR.
[Remainder ofPage intentionally left blank; sig' naturesfolllowl
-2-
031432 0004 07 5314561.7
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this Instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager,
attested by 'Its City Secretary,, with the corporate seal of the City affixed, and BNSF has
duly executed this instrument in quadruplicate as of the date inscribed by the respective
signatories.
'S F:
BNSA" RAILWAY COMPANY,,
a Delaware corporation
By#
Name.-
Title-. C
..................
Date: 1- 201*3
0
THE CITY.
TIE CITY OF FORT WORTH,
'rexas municipal
a i ipal rporation
..ON&
B y
ernando (^ta, As tant City
Manager
071111"O"t
Date:
Approved tis to Form & Legality.,-
ouglas W. Black, Assistant City Attorney
M&C No.:
Date: a. 3
.Arl""TES
T.
E
.0
Mary J. Wktityl� cretary'$, _00%0000000W 14/
1%
orrm"A,L"R,
CITY SECR
FT9 WOUN11","11",
.00
M&C Review Page I of 3
Official site of the City of Fort Worth,Texas
FORT NORTH
G4,E N D A
ciorull COUNLiL AOO A
COUNCIL ACTION: Approved on 4/9/2013- Ordinance Nos. 20697-04-2013 &20698-04-20131
DATE. 4/9/2013 REFERENCE NO..-- C-26197 LOG NAME. 0!6:TOWER55CFA
I
CODE: C TYPE: N - PUBLIC NO
CONSENT HEARING,:
SUBJECT: Authorize Executi on 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, 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
$6,1376.,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)
RECOMMENDATION:
It is recommended that the City Council.:
11. 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$11 01010,010 .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 exec�utiioin of the Tower 55 Funding Agreement in the amount of $1,010101,000.00 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-wrest main lines. Thi�s,
intersection is a significant bottleneck in the U.S. rail network, and with nearly 100 trains crossing dai:ly, it
operates at or above 9O percent of its volume capacity. Congestion at Tower 5,5, negatively impacts the
regional economy, 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 iimproving,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 F'e Railroad
(BNSF) and the Uniilon 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,
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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-solu�th track across the intersection, a new interchangel at the Tower, and
improved approach trackage and signaling,#
Rehabilitating and repl!acing railroad bridges-,
Improvement to, City streets and intersections to support grade crossing CIOSUres;
Improvement or relocation of the numerous City water, sanitary sewer and storm sewer conflicts
r,equir,ing, relocation and/or improvement,
Improved roadwaybridge pier protection,; and
Increased bridge-height clearances for improved emergency vehicle l access.
The Tower 55 project is being funded through a partnership between the Federal Railroad Administration,
the Texas Department of Transportation, Bl" SF, UPIRR and the City of Fort Worth. The funding breakdown
is as follows:
TIGER 11 Grant, 34,000,000.00
T T 1,000,000.00
its of Fort Worth J$ 1,000,000.00
BNSF & UPRR 1$ 65,293,000-00
DOTAL 11$101,293,000.00
Staff is recommending execution of the attached funding Agreement that aut'holriizes:the transfer of the
Ci'ty's,$1,000,000.00 commitment to the project to BNSF. BNS,F 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) + $l61,3,76l.Ol0! (UPRR)
Storm Water: $1,30,499.83 (BNSF)
Total City Participation for BNSF and U�PRR: $1555,134.83
i
This project is located in CO,U COIL DISTRICTS 8 and 9.
FISCAL-INFORMATIONMERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Stormwater Capital Project Blond 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 Project's Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1)GC1 0 472001 0130100010100 $1,0100,000.00 5) P227 541200 209280205,483, $124,01281.76
1)GC1 0 538070 01130101001000 $1,000,000.0u^ QP227 541200 2092801205484 2,15 7.02
2)C291 472010 0169340205420 $1,0100,000.00 5) P227 541200 20912802018485 $4 .05
3)C291 472010 069340205420 $1,000,000.00 5J_P265 539,140 6109,140205483 $381 8.00
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3)0291 53919010 0693,40205420 $11000,000.00 5) P265 53,1350 60,91402054815 L7,635-00
QP265 531200, 60914020,5484 7 j635.,00
Q 27 53914,0 709130205483 $20,3433.010
15) P275 531350 7'09130205485 14091-00
5) P275 531200 709130205484 $409.00,
Q GC1,0 538070 013010001000 $1 1000jO00.00
6) P275 5391:20 708130205283 $61130.00
6) P275 501350 708130 0528 $123.00
6) P275 51312:100 708130!205284 $123.00
4),C291 539,900 0693402051420, $1,000,000.00
Submitted for CiW Manager's Off I"ce Fernando Costa (611,22)
Orig"natinci Dq nt Head: Randle Harwood (61 01)
1 _pa,rtme
Additional Information Contact: Bryan Beck(7909)
David Schroeder(2,239)
ATTACHMENTS
016TOWER55CFA C2,91 A01 3.dOC
06TOWER55CFA GC,10AO13.doc
BNSF.S,u lee eni,talFunding,,Ag,,r,eemen,t.P- f
construction Ilmits,31
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