HomeMy WebLinkAboutItem 08 - Ft. Worth Transportation Authority 2nd Amendment MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: MARCH 6, 2018
SUBJECT: SECOND AMENDMENT TO THE 2007 INTERLOCAL
AGREEMENT WITH THE FORT WORTH TRANSPORTATION
AUTHORITY
RECOMMENDATION:
City Council consider approving the Second Amendment to the 2007 Interlocal Agreement
with the Fort Worth Transportation Authority relative to the TEX Rail Project, authorize the
City Manager to execute said amendment and take any necessary action.
FUNDING SOURCE:
Funds are currently available and appropriated from FY 14 Quality of Life Funds for the
Hudgins Street, Main Street and East Vine Street Extension into the REC, Library and
Convention Center Complex.
BACKGROUND:
Amendment 2 to the 2007 Interlocal Agreement addresses six major items:
1 . Quantifies The T's financial participation in the Downtown Grapevine Main Station
Enhancements. The T will provide $15,000,000 up front and will provide $250,000
on an annual basis for a 20-year period for a total of$20,000,000.
2. Clearly establishes that the funds provided by The T for these enhancements are
not federal funds.
3. Memorializes The T's commitment to reimburse the Grapevine Vintage Railroad
(GVRR) for the cost incurred in constructing a 600' spur track and maintenance pit
on GVRR property. This was needed by The T early on to facilitate the assembly
of the Stadler rail cars in Grapevine. Current cost estimate is $565,000.
4. Memorializes the City's commitment to fund the added cost for modifying the initially
planned quiet zone signals and gates at the Main Street Crossing. CVB Shuttles
turning left from Grapevine Main Station onto southbound Main Street will be a
heavy demand movement. With gates and the center median length as originally
constructed, this left turn movement is blocked.
To reduce the length of the center median to provide access across the center line
of Main Street, added signals and gates are required. The improvements to the
Quiet Zone facilities provide added function for the driveway and safety to the Main
Street Corridor. Cost not to exceed $265,000.
5. Memorializes the City's commitment to fund the added cost for modifying the
abutments for the new bridge crossing above Ira E. Wood Ave. This modification
of the abutments will provide sufficient width for the construction of 5' wide
sidewalks on both sides of Ira E. Woods Avenue beneath the bridge. Without the
modification to the abutments now with the new bridge construction, the roadway
will have no direct pedestrian access to the Cottonbelt Trail along the Dallas Road
corridor between Ball Street and Dooley Street. Cost not to exceed $52,000.
6. Re-affirms the City's commitment to provide 135 parking spaces in the Downtown
Grapevine Main Station Parking Garage for Commuter Rail use. This is the number
of spaces originally planned with the TEX Rail Project for surface parking before
the Parking Garage was considered to further support parking needs in the
downtown area.
Staff recommends approval.
18/3/2 11:13 AM
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
REGARDING COMMUTER RAIL SERVICE
BY AND BETWEEN
THE FORT WORTH TRANSPORTATION AUTHORITY
AND
THE CITY OF GRAPEVINE, TEXAS,
This Second Amendment to the Interlocal Agreement regarding Commuter Rail Service
("Second Amendment") is made and entered into by and between the Fort Worth Transportation
Authority (formerly defined as "The T" and now defined as "FWTA"), a regional political
subdivision of the State of Texas, and the City of Grapevine, Texas ("Grapevine"), also a
political subdivision of the State of Texas and a home rule municipal corporation. FWTA and
Grapevine may collectively be referred to as "the Parties" or individually as a "Party."
WHEREAS, the Parties entered into the Interlocal Agreement Regarding Commuter Rail
Service dated effective May 30, 2007, as amended by that certain First Amendment to Interlocal
Agreement Regarding Commuter Rail Service dated effective November 30, 2015 (as amended
and collectively the "Agreement"), and all capitalized words not defined herein have the
meanings assigned in the Agreement.;
WHEREAS, the Parties have agreed to alter the financial obligations of the Parties under
the Agreement by formalizing FWTA's financial obligations under the Agreement;
WHEREAS, Section 1.2.4(e)ii. of the Agreement provides that FWTA and Grapevine
will split the costs for enhancements to the Downtown Grapevine Station fifty percent (50%)
each;
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WHEREAS, the amount of Downtown Grapevine Station enhancements has been
established and the Parties wish to memorialize the calculation and treatment of the Downtown
Grapevine Station enhancement costs;
WHEREAS, the Parties have agreed that FWTA shall make an initial one-time payment
to Grapevine in the amount of Fifteen Million Dollars ($15,000,000.00) paid exclusively from
Grapevine Funds previously contributed by Grapevine to FWTA under the Agreement and
FWTA shall make an additional Five Million Dollar ($5,000,000.00) payment to Grapevine by
reducing the Sales Tax due to FWTA under the Agreement in the amount of Two Hundred Fifty
Thousand Dollars ($250,000.00) each year for a period of twenty (20) years;
WHEREAS, the Parties have agreed upon the final forms of the exhibits to the
Agreement and desire to attach such final forms to the Agreement; and
WHEREAS, the Parties agree that the approval of this Second Amendment is in the
mutual interests of both Parties and is in the best interests of the health, safety, and welfare of the
public.
NOW, THEREFORE, in consideration of the covenants, conditions, and provisions set
forth in this Second Amendment, the receipt and sufficiency of which are hereby affirmed, the
Parties agree to this Second Amendment as follows:
1. The defined term "The T" is removed from the Agreement and "FWTA" is substituted in its
place in every instance.
2. All matters stated hereinabove are found to be true and correct and are incorporated herein by
reference as if copied in their entirety.
3. Subsection 1.1.10 of the Agreement is hereby revised by adding the following language after
the phrase "and ancillary improvements on the Corridor":
"specifically excluding any structured parking facility"
4. Subsection 1.1.11 of the Agreement is hereby added:
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18/3/2 11:13 AM
1.1.11 "Downtown Grapevine Station Enhancements" means all enhancements to the
Downtown Grapevine Station which are not included in a standard Station, and the cost
of which is not included in the Standard Station Baseline (hereinafter defined).
Downtown Grapevine Station Enhancements specifically include any structured parking
facility.
5. Subsection 1.2.4 of the Agreement is hereby amended by deleting all asterisks and deleting
the first paragraph of Subsection 1.2.4(f) in its entirety which, for the avoidance of doubt,
begins "*The parties acknowledge that...."
6. Prior to the amendment of the Agreement by this Second Amendment, Subsection 1.2.4(e)(ii)
of the Agreement currently states that:
"FWTA will identify a base estimated amount of funding for each station and associated
parking facility (if any)...[emphasis added]."
Consistent with the use of "(if any)," the Parties acknowledge and agree that none of the cost
of the Downtown Grapevine Station Enhancements, which is referenced in and shall be
solely owned and managed by Grapevine pursuant to Subsection 1.2.4(f) of the Agreement,
was included in the "base estimated amount of funding" for the Downtown Grapevine
Station for the purposes of determining FWTA's construction or funding obligations.
Further, the Downtown Grapevine Station Enhancements will be constructed, and the real
property upon which it is sited was acquired, exclusively with Grapevine Funds (i.e., local
funds), and such costs were not discharged, nor was that acquisition and construction
assisted, by Federal funds, and thus the provisions of Section 4.3(g) of the Agreement are
inapplicable to the Downtown Grapevine Station Enhancements.
7. Consistent with Section 4 of this Second Amendment, Subsection 1.2.4(e)(ii) of the
Agreement is hereby deleted in its entirety and replaced with the following:
ii. Station Improvements. FWTA will identify a base estimated amount for funding
a standard Station, including real property acquisition, and the cost of an
associated surface parking facility (the "Standard Station Baseline"). The
Standard Station Baseline for Station enhancements shall be consistent with the
standard, existing Stations, exclusive of the ITC. Independent of the actual costs
of the Standard Station Baseline, FWTA shall pay FWTA's Contribution
(hereinafter defined) as set forth in Subsection 2.3.2, consisting entirely of local
funds, to Grapevine in full satisfaction of FWTA's allocated share of any amounts
exceeding the Standard Station Baseline for the Downtown Grapevine Station
Enhancements . All other amounts exceeding the Standard Station Baseline for
such Station enhancements will be paid in their entirety exclusively by Grapevine
and will not be paid using any Federal funds.
8. Section 2.3 is redesignated as Subsection 2.3.1 and new Subsection 2.3.2 is added as follows:
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2.3.2. FWTA's Contribution to Downtown Grapevine Station Enhancements
FWTA shall make an initial, one-time payment to Grapevine in the amount of
Fifteen Million Dollars ($15,000,000.00) paid exclusively from Grapevine Funds
previously delivered by Grapevine to FWTA under the Agreement and FWTA shall make
an additional Five Million Dollars ($5,000,000.00) payment to Grapevine by reducing the
Sales Tax due to FWTA under the Agreement in the amount of Two Hundred Fifty
Thousand Dollars ($250,000.00) each year for a period of twenty (20) years (those two
payments collectively, "FWTA's Contribution"). FWTA's only financial obligations
under this Agreement for the Downtown Grapevine Station Enhancements are FWTA's
Contribution set forth in this Subsection 2.3.2 and the Annual Refund set forth in
Subsection 2.5.2.
The Parties expressly acknowledge and confirm that FWTA's Contribution,
consisting exclusively of local funds raised by Sales Tax, does not contain Federal funds
derived from any Federal source.
9. Subsection 2.3.3 is hereby added as follows:
2.3.3 Spur Track & Assembly Pit
FWTA and Grapevine agree that the Grapevine Vintage Rail Road ("GVRR")
shall construct a roughly six hundred (600) foot long spur rail line on GVRR property
north of the main lines, meeting TEX Rail specifications, at the GVRR's initial cost to
enable the assembly of the Stadler rail cars as they are delivered. FWTA and the GVRR
further agree that TEX Rail shall have the right and ability to utilize this spur line after
the Project has been completed and the commuter rail service is operational as follows.
Said spur line shall serve as a short-term emergency storage track in the event of a rail car
failure on the TEX Rail main line resulting in an interruption of continued service.
FWTA's right to utilize the spur line shall continue so long as commuter rail service is
operational. In the event Grapevine terminates FWTA's right to utilize the spur line
while commuter rail service is operational, Grapevine shall promptly reimburse FWTA
the actual third -party construction costs FWTA previously paid Grapevine pursuant to the
following sentence. In exchange for the GVRR's construction of the spur rail line and
providing its ongoing availability for TEX Rail short term use in case of emergencies,
FWTA agrees to reimburse to the GVRR the actual, third -party costs of the construction
of this spur line, estimated to be $585,000 exclusively from Grapevine Funds previously
contributed by Grapevine to FWTA under the Agreement. Grapevine shall provide
written documentation supporting such costs at the request of FWTA. Grapevine affirms
that GVRR is a component unit of Grapevine, and as such, Grapevine's signature on this
Amendment is valid and binding as to Grapevine and GVRR with regard to GVRR's
obligations hereunder.
The parties expressly acknowledge and confirm that FWTA's reimbursement
under this subsection is limited exclusively to Grapevine Funds raised by local Sales Tax,
which do not include any Federal funds derived from any Federal source.
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10. Subsection 2.3.4 is hereby added as follow:
2.3.4 Main Street Crossing
FWTA will fund the modifications to the design of the Main Street Crossing to
provide a quad -gate crossing. Quad -gate crossing shall allow the desired turning
movements for the Downtown Grapevine Station driveway at Main Street. Said
driveway shall be used for drop-off and pick-up on the south side of the TEX Rail Main
Street Station platforms by Grapevine's shuttle buses and T buses as a component of
incident management. Grapevine will fund the additional construction costs paying the
actual costs with not to exceed amount of $265,000.
11. Subsection 2.3.5 is hereby added as follows:
2.3.5 Ira E. Woods Avenue Bridge
FWTA will adjust the planned abutment wall locations beneath the railroad bridge
crossing above Ira E. Woods Avenue to allow for the construction of 5 -foot wide
sidewalks on both sides of the roadway at a not to exceed construction costs of $
52,000.00 to be funded by Grapevine.
12. Section 2.5 of the Agreement is hereby amended by adding the following Subsection 2.5.5:
2.5.5. Annual Refund and FWTA's Contribution
The Parties acknowledge and agree that the money refunded by FWTA to
Grapevine under Subsection 2.5.2 and identified as the Annual Refund is in addition to,
and not in lieu of, the delivery of FWTA's Contribution that FWTA shall make under
Section 2.3.2 for the Downtown Grapevine Station Enhancements for the Downtown
Grapevine Station.
13. Subsection 4.2(e) of the Agreement is hereby deleted in its entirety and replaced with the
following:
(e) Grapevine will pay one hundred percent (100%) of the Downtown Grapevine
Station Enhancements inclusive of FWTA's participation in such costs pursuant
to Subsection 2.3.2.
14. Subsection 4.3(h) of the Agreement is hereby deleted in its entirety and replaced with the
following:
(h) The Downtown Grapevine Station is part of a planned transit -oriented
development (the "TOD") which is being designed, constructed, and managed by
Grapevine; every aspect of the TOD will be paid for with local funds, apart from
those costs and expenses which fall within the Standard Station Baseline. The
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18/3/2 11:13 AM
costs of the Standard Station Baseline will be the sole aspect of the Downtown
Grapevine Station or the TOD assisted with Federal Transit Administration funds,
or funds derived from any other Federal source.
The Parties acknowledge that the Annual Refund and FWTA's Contribution
consist entirely of local funds and do not consist of any funds derived from a
Federal source. As a result, said funds will not be subject to the restrictions
described in Subsection (g) above or any other restriction arising from or relating
to the Project.
15. Subsection 4.30) of the Agreement is hereby added as follows:
(j) Grapevine will provide one hundred thirty-five (135) parking spaces in the
parking structure for use by FWTA and its customers at locations reasonably
acceptable to FWTA within the Project for so long as commuter rail service is
operational. Grapevine will provide said parking spaces prior to the date said
commuter rail service is scheduled to commence.
16. Subsection 6.2 of the Agreement is hereby amended by deleting the notice addresses for
FWTA and replacing said addresses with the following:
To FWTA:
Paul J. Ballard
President and Chief Executive Officer
Fort Worth Transportation Authority
801 Cherry Street, Suite 850
Fort Worth, Texas 76102
With a copy to:
Frank E. Stevenson
Locke Lord LLP
2200 Ross Avenue, Suite 2800
Dallas, Texas 75201
17. All references in the Agreement to the "Grapevine Main Street Station" are corrected to refer
to the "Downtown Grapevine Station."
18. Exhibits _, _, and are hereby deleted in their entirety and replaced by Exhibits
and attached hereto.
19. The Parties acknowledge and agree that the revisions and amendments effected by this
Second Amendment shall be considered a part of the Agreement and incorporated therein by
reference for all purposes. The Parties hereby affirm their rights and obligations under the
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Agreement, as amended by this Second Amendment, and acknowledge that the Agreement is
and remains in full force and effect as amended hereby.
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18/3/2 11:13 AM
In witness whereof, the undersigned Parties have executed this Second Amendment effective this
day of
CITY OF GRAPEVINE
BRUNO RUMBELOW, CITY MANAGER
ATTEST:
TARA BROOKS, CITY SECRETARY
APPROVED AS TO FORM:
BY:
CITY ATTORNEY
2018.
FORT WORTH TRANSPORTATION AUTHORITY
BY:
PAUL J. BALLARD, PRESIDENT/CEO
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EXHIBIT
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