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HomeMy WebLinkAboutContract 26411 Csi os oy-ow,_00(} CITY SECRETARY CONTRACT NO. AGREEMENT BETWEEN THE CITY OF FORT WORTH, THE NORTH TEXAS TOLLWAY AUTHORITY, AND THE TEXAS DEPARTMENT OF TRANSPORTATION CONCERNING DEVELOPMENT OF THE SOUTHWEST PARKWAY 44 STATE OF TEXAS § � 5 § COUNTY OF T'_ § V", 1 3 4 VOL I THIS AGREEMENT is entered into as of the day of ou �� , 2000, by and between THE CITY OF FORT WORTH, a home-rule municipal corporation (the "City"), the NORTH TEXAS TOLLWAY AUTHORITY, a regional tollway authority and political subdivision of the State of Texas (the "Authority"), and the TEXAS DEPARTMENT OF TRANSPORTATION, an agency of the State of Texas ("TxDOT"); WITNESSETH : WHEREAS, the timely extension of State Highway 121 south and west from Interstate Highway 30 in Fort Worth to US Highway 67 in Cleburne (the "Southwest Parkway") is a crucial element in the successful development of the Cities of Fort Worth and Cleburne, Tarrant and Johnson Counties, the surrounding region and the State of Texas; and WHEREAS, State Highway 121 is a designated route on the National Highway System; and WHEREAS, the Southwest Parkway has been on the City's Thoroughfare Plan since the 1960's; and WHEREAS, the City commissioned an intermediate level feasibility study (the "City's Feasibility Study") to consider whether various phases or segments of the Southwest Parkway could be developed as a turnpike; and Southwest Parkway/Agreement Between the City of Fort Worth, the w�U tle,LS�.�GIISUI�U�ll North Texas Tollway Authority and the Texas Department of Transportation - Page 1 R. � �. UUt, MM U UpG�io WHEREAS, the City, local governing bodies and private sector interests presented their study to the Texas Transportation Commission (the "Commission") in July, 1995, and requested TxDOT's participation in the development and funding of some portion of the Southwest Parkway, and pursuant to Resolution dated February 25, 1999, the Commission committed to support the development of the Southwest Parkway; and WHEREAS, public funding of major transportation projects continues to face significant obstacles, and the Southwest Parkway is competing for funding with many other worthwhile transportation projects; and WHEREAS, pursuant to the provisions of Senate Bill 370 passed by the 75th Texas Legislature and codified, in part, as Chapter 366 of the Texas Transportation Code (the "Regional Tollway Authority Act"), the Authority is authorized to build and operate "turnpike projects," as that term is defined in the Regional Tollway Authority Act, throughout Collin, Dallas, Denton and Tarrant Counties, Texas; and WHEREAS, there exists the potential for expediting the completion of the Southwest Parkway by financing a portion of that project's design and construction costs through the use of turnpike financing if the Authority can establish that all or a portion of the Southwest Parkway is a feasible turnpike project; and WHEREAS, TxDOT (i) has determined that the Southwest Parkway is necessary to alleviate congestion and ameliorate air quality, and (ii) supports the development of the Southwest Parkway as a turnpike project if the applicable legal requirements and other conditions can be satisfied; and WHEREAS, pursuant to Transportation Code, §201.113, the Authority has proposed to provide for improvements to the Southwest Parkway, including surveying and parcel Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation- Page 2 identification, and development of schematic designs, plans and specifications, and right-of-way maps, in order to facilitate the project's potential development as a turnpike project; and WHEREAS, the Fort Worth City Council and the Tarrant County Commissioners Court have adopted resolutions requesting that the Authority take such actions and conduct such studies as may be necessary to determine the viability of jointly developing and financing the Southwest Parkway with a combination of turnpike revenue bonds, City funds, and federal and/or state transportation funds; NOW, THEREFORE, in consideration of these premises and the mutual benefits and advantages accruing to the City, the Authority and TxDOT, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. City's and TxDOT's Support for Turnpike. The City and TxDOT acknowledge their support for the financing, design, construction, operation and maintenance by the Authority of the Southwest Parkway as a turnpike project pursuant to the Regional Tollway Authority Act, provided the applicable legal requirements and other conditions can be satisfied. The City and TxDOT will take all actions reasonably requested by the Authority which are consistent with this Agreement in furtherance of the purposes of this Agreement. Unless and until the Authority determines that the design, construction and operation of the Southwest Parkway as a turnpike project is not feasible, neither the City nor TxDOT shall advance any alternative to or conflicting proposal for the development of the Southwest Parkway. Notwithstanding the foregoing, TxDOT may engage in project development activities necessary for a state highway improvement project prior to any conveyance or other transfer of the Southwest Parkway to the Authority. Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 3 2. Status of Authority's Evaluation. The Authority has provided for the preparation of a preliminary rate and revenue evaluation for the Southwest Parkway which indicates potential feasibility as a turnpike project for that portion of the Southwest Parkway extending from its interchange with IH 30 to the intersection with Alta Mesa Boulevard (the "Initial Turnpike Portion"), assuming a design of two (2) lanes in each direction within a right-of-way of approximately 220 feet in width. The City and TxDOT accept and approve the foregoing design assumptions, as may be modified in response to the requirements of the EIS as described and defined in Section 6 below and by the design features and procedure described in Section 7 below, and acknowledge that the Authority may utilize those assumptions as it and its consultants further evaluate the feasibility of the Southwest Parkway as a turnpike project. 3. Estimated Costs. The total estimated cost of the Initial Turnpike Portion is approximately $180 million, inclusive of right-of-way costs and the interchanges at IH 30 and Interstate Highway 20. Based on the preliminary rate and revenue evaluation and assuming the design features described in Section 2 above, the Authority estimates that the Initial Turnpike Portion could generate sufficient revenues to support an issuance of $65-70 million of turnpike revenue bonds. If the Authority commits to developing the Initial Turnpike Portion, the City hereby commits to acquire, or cause to be acquired, all right-of-way required for that project, save and except certain right-of-way at interchanges to be acquired by TxDOT as provided in Section 6 below, and to perform its other obligations set forth in Section 5 below. If the City elects to acquire right-of-way prior to the Authority making such commitment, said acquisition by the City shall be accomplished in a manner that complies with all federal guidelines and requirements applicable to projects receiving federal monies. TxDOT has indicated a willingness to Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 4 participate in the development of the Southwest Parkway by providing for the construction of interchanges and providing other support, all as set forth in Section 6 below and to be further specified in one or more subsequent agreement(s) between TxDOT, the City and the Authority described in the concluding paragraph of Section 7 below. The City, TxDOT and the Authority agree to work collaboratively to address any remaining funding shortfalls, including the investigation of funding from the North Central Council of Governments and/or the use of federal funds available under TEA-21. 4. The Authority's Obligations. The Authority, at its sole cost, agrees to provide for surveying and parcel identification along the entire length of the Southwest Parkway. Additionally, the Authority, at its sole cost, agrees to provide for the preparation of schematic design for the Southwest Parkway, including those structures to be constructed by TxDOT as provided in Section 6 below (the "Separate Structures"). The Authority, at its sole cost, will provide for the preparation of plans, specifications and estimate for the Initial Turnpike Portion, including the Separate Structures (the "PS&E"), provided that separate PS&E packages shall be prepared for the Separate Structures in order to facilitate the letting of those improvements by TxDOT, and further provided that the Authority shall provide for the reimbursement of TxDOT's construction costs for tolled features of the Separate Structures, as described in Section 6 below. The design standards to be utilized in the preparation of the schematic plans and the PS&E are set forth in Section 7 below. Additionally, the Authority, at its sole cost, shall provide for the preparation of a right-of-way map for SH 121 from the IH 30 interchange to its intersection with Farm-To-Market Road 1187. Lastly, the Authority agrees, to the extent permissible by law, to utilize its eminent domain powers in collaboration with the City's Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 5 acquisition of right-of-way, provided that the foregoing shall be at the sole cost of the City as provided in Section 5 below. 5. The City's Obligations. With respect to the Initial Turnpike Portion and all other portions of the Southwest Parkway that the Authority constructs as a turnpike project, the City agrees to: • Acquire, or cause to be acquired, all right-of-way, other than right-of-way to be acquired by TxDOT as described in Section 6 below, required for the Initial Turnpike Portion, and to provide for the conveyance of said property to the Authority, subject only to such matters of title as are reasonably acceptable to the Authority; cp Assist and join with the Authority in obtaining the various approvals, permits and agreements required of the applicable counties, municipalities, councils of government, agencies, departments and subdivisions, both federal and state; cD Timely relocate City-owned utilities or, at the City's option, reimburse the Authority for the cost of relocating and adjusting all utilities owned by the City that are situated in the project right-of-way or are otherwise affected by, or in conflict with, the project, when applicable; the Authority, its engineer(s) and contractor(s), at the City's expense, shall design and undertake said relocation and the City shall provide, at its expense, quality assurance inspection services during said relocation and adjustment, all as more specifically set forth in the "Subsequent Agreement," as defined in Section 7 below; cD Facilitate the provision of utility services to the Southwest Parkway toll plazas and other facilities by extending, at no cost to the Authority, all City-owned utility Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 6 services to the outside boundary of the right-of-way adjacent to the proposed sites for said facilities within the corporate limits of the City; cD Permit the connection of storm water drainage systems built as part of the project to neighboring storm water systems belonging to the City, and the City shall provide any easements or other interests and make such enlargement or other betterment work required to effect the efficient discharge of project storm water in that manner; the City will assist the Authority in obtaining all required NPDES permits; and T The City shall operate, maintain, police and regulate (including the provision of all landscaping and mowing, signalization, illumination, permits for connections and curb cuts, safety devices and signage) all service roads and other streets adjacent to, intersecting or crossing the Southwest Parkway within the corporate limits of the City in accordance with existing agreements or TxDOT policy. The City acknowledges that the Authority is not subject to the zoning, building and development codes promulgated and enforced by the City with respect to the Authority's design and construction activities within the Southwest Parkway right-of-way and related easements, including those requirements pertaining to sound attenuation structures. Further, in accordance with Section 366.176 of the Texas Transportation Code, the City shall not charge the Authority any development, impact, license, zoning, permit, building or construction fees of any kind with respect to the Southwest Parkway. 6. TxDOT's Obligations. TxDOT, subject to approval by the Texas Transportation Commission pursuant to the terms of a Minute Order, complying with all other applicable legal requirements, and entering into the Subsequent Agreement, agrees to: Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 7 • Construct, at TxDOT's sole cost, the Southwest Parkway interchanges at IH 30 and IH 20, together with all ramps and frontage roads within the limits of and serving said interchanges (the "Separate Structures"), provided, however, that the Authority shall reimburse TxDOT for the construction costs of tolled features of the Separate Structures in conformity with Title 23, §129(a)(7) of the United States Code, Article III, §52-b of the Constitution of the State of Texas and Section 366.301 of the Transportation Code, all as more particularly described in the Subsequent Agreement; • Acquire, or cause to be acquired, all right-of-way required for the construction of the interchanges and frontage roads described above in accordance with existing TxDOT policy; and • Prepare, at TxDOT's sole cost, Environmental Impact Statements for the Southwest Parkway (collectively, the "EIS"), which shall conform to all applicable federal and state laws, rules and policies and shall apply to separate segments of the Southwest Parkway utilizing logical termini and reasonable forecasts of potential turnpike feasibility, as reasonably determined by TxDOT, with appropriate input from the other parties to this Agreement. 7. Design Standards. It is the intent of the parties that the project design incorporate a high degree of aesthetic and urban design standards to the extent reasonably possible, which is consistent with and recognizes the environment of the corridor. The Authority shall provide for the preparation of the schematic design of the Southwest Parkway as indicated in Section 4 hereof and submit it to the City and to TxDOT for review and approval. The schematic design will address the aesthetic elements of the Southwest Parkway to the extent reasonably necessary to (a) resolve any Southwest Parkway/Agreement Between the City of Fort Worth,the North "Texas Tollway Authority and the Texas Department of Transportation - Page 8 design issues related to the matters addressed in the first paragraph of this Section 7 and (b) suitably assure the parties with respect to their funding obligations, including, without limitation, TxDOT's obligations regarding the Separate Structures. The City and TxDOT shall review the schematic design and shall respond to the Authority within forty-five (45) days following their receipt of that design. The City may propose additional amenities, design features and standards not incorporated in the initial schematic design submitted by the Authority. Further, the Authority shall not proceed to the preparation of the PS&E for the Initial Turnpike Portion until the schematic design has been approved in writing by the City and TxDOT. Once that approval has been obtained, no party may demand or effect any material change to the schematic design without the prior written consent of the other parties hereto, and the Authority and its consultants may rely upon that final schematic design in preparing the PS&E. Except for the Separate Structures, which will be designed and reviewed in accordance with the following paragraph, the schematic design for the Southwest Parkway and the PS&E for the Initial Turnpike Portion and all connections and ramps to or from the Southwest Parkway to road facilities maintained by TxDOT shall be developed by the Authority consistent with the latest edition and revisions of the TxDOT's standards, which, specifically, will be the American Association of State Highway and Transportation Officials' (AASHTO) standards established in AASHTO's A Policy On Geometric Design of Highways and Streets, AASHTO's Guide for Design of Pavement Structures, AASHTO's Standard Specifications for Highway Bridges, including applicable interim specifications, TxDOT's Standard Specifications for Construction of Highways, Streets and Bridges, and The Texas Manual on Uniform Traffic Control Devices (TMUTCD). Once approved by TxDOT, the Authority shall Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 9 provide TxDOT and the City with written notice of any subsequent modification of the revised schematic design resulting from a field change or otherwise. Any changes that result in the schematic design no longer complying with the standards and criteria set forth above shall require TxDOT's and the City's prior approval. Additionally, TxDOT shall review and approve, as part of its review of the revised schematic design, the location of all entrances and exits of the Southwest Parkway to or from road facilities maintained by TxDOT. The Authority shall provide TxDOT with written notice of any subsequent modification to said locations, and TxDOT shall respond to the Authority within forty-five (45) days following receipt by TxDOT's District Office of schematic designs therefor if, in its reasonable judgment, any proposed location is detrimental to the safe and efficient operation of any road facility. The PS&E for the Separate Structures (the "Separate Structures PS&E") shall be developed by the Authority consistent with the latest edition and revisions of AASHTO's Standard Specifications for Highway Bridges, including applicable interim specifications, TxDOT's Highway Design Division Operations and Procedures Manual, TxDOT's Standard Specifications for Construction of Highways, Streets and Bridges, TxDOT's Foundation Exploration Manual, TxDOT's Bridge Design Guide, and The Texas Manual on Uniform Traffic Control Devices (TMUTCD). For all items not discussed in the above-referenced documents, AASHTO's A Policy On Geometric Design of Highways and Streets shall be referenced for guidance. TxDOT shall review the Separate Structures PS&E and shall respond to the Authority within forty-five (45) days following receipt of those materials by TxDOT's District Office. TxDOT and the Authority shall utilize to the maximum practical degree the Technical Work Group process described and defined Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation- Page 10 in Section 8 below to facilitate and expedite the preparation and review of the Separate Structures PS&E and the construction of the Separate Structures. Prior to the commencement of construction of any portion of the Southwest Parkway, the parties shall negotiate and sign one or more subsequent agreements (collectively, the "Subsequent Agreement") which shall specify (i) the procedure by which the Authority shall reimburse TxDOT for the construction costs of tolled features of the Separate Structures, (ii) the precise location and limits of the Separate Structures, and (iii) an approved design and construction schedule for the Initial Turnpike Portion, including the Separate Structures (the "Schedule"). TxDOT shall agree to use best efforts to construct and complete those portions of the Separate Structures necessary to open the Southwest Parkway to traffic on or before the date(s) indicated on the Schedule. 8. Technical Work Group. The City, TxDOT and the Authority shall form the Southwest Parkway Technical Work Group (the "Technical Work Group"). The Technical Work Group shall be composed of representatives from the City, TxDOT, the Authority, and the Federal Highway Administration, together with such other members representing affected governmental or quasi-governmental bodies as the City, TxDOT or the Authority designates. The Technical Work Group and the individuals serving as representatives thereto shall be responsible for review and comment on proposed standards, design features and aesthetic design of the Southwest Parkway to be incorporated into the schematic design prior to its final approval by the parties. It is understood and agreed that any other members designated by the City, TxDOT or the Authority shall be selected for the purpose of providing technical and other assistance to the Technical Work Group, and shall not have the authority to make or implement final actions or decisions binding on the Technical Work Group, the City, TxDOT, or the Authority. The Authority will Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page I I chair and host regularly scheduled meetings of the Technical Work Group which are intended to (a) encourage open and continuous dialogue between the various participants, (b) facilitate and expedite the City's and TxDOT's review of the schematic design for the Southwest Parkway, including all connections and ramps, and any subsequent changes thereto, and of the Separate Structures PS&E and the PS&E for the Initial Turnpike Portion, (c) facilitate the Authority's preparation of the Separate Structures PS&E and the monitoring of both the projected milestones and completion date for same, and (d) propose, discuss, and implement specific project design features for the Southwest Parkway prior to the final approval by the parties of the schematic design. The goal of the Technical Work Group is to provide a streamlined review and information disseminating process that is both accelerated and fully responsive to appropriate design changes submitted by the City and TxDOT. To that end, the City, the Authority and TxDOT agree to distribute in advance the materials to be discussed and reviewed by the Technical Work Group at any meeting. Once approved by the Technical Work Group, the Separate Structures PS&E and, as applicable, the PS&E for the Initial Turnpike Portion shall be deemed complete and ready for submission. The representatives designated by TxDOT, the City, and the Authority to the Technical Work Group shall be responsible for conveying project information to their respective organizations and securing all necessary authorizations as promptly as possible. 9. Construction Obligations of the Authority; Control of Work. Except as otherwise provided herein, and provided all legal requirements and other conditions are met, including any necessary conveyance or other transfer of the Southwest Parkway, or any portion thereof, by TxDOT to the Authority, the Authority shall be responsible for the design and construction of the Southwest Parkway, and shall have sole authority and Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation- Page 12 responsibility for (a) the design of the Southwest Parkway and all features thereof, (b) the selection of underwriters, investment bankers, financial advisors, legal counsel, consultants, construction managers, engineers, architects, surveyors, testing engineers and laboratories, inspecting engineers, geotechnical engineers and scientists, suppliers, contractors, subcontractors, vendors, sureties, and other parties retained in connection with the financing, design, construction, maintenance or operation of the Southwest Parkway, (c) the commencement, sequencing and timing of design and construction activities and other work, (d) the acceptance or rejection of work or other deliverables, and (e) the negotiation, bidding, and letting of contracts. Upon completion by the Authority, the Southwest Parkway (or applicable portion thereof) shall be operated, maintained, policed, and regulated by the Authority in compliance with the Regional Tollway Authority Act and relevant provisions of any trust agreement(s) or similar documentation evidencing or securing the Financing, as defined in Section 11 below. 10. Public Involvement. Without limiting the provisions of Section 1 above, any future public meetings or hearings involving the Southwest Parkway will be conducted with the City's and TxDOT's support and involvement, working in full cooperation with the Authority toward expediting the evaluation and, if appropriate, subsequent construction by the Authority of the Initial Turnpike Portion or other portion of that project. If requested by the Authority, any such meeting or hearing shall be jointly hosted and led by the City, TxDOT and the Authority. The Authority shall participate in informal public meetings and City Council briefings as reasonably requested by the City, provided that it is the shared intent of the City and the Authority that there shall not be more than five (5) such meetings, hearings and briefings described in this Section 10 in any calendar year. 11. The Financing. The Authority intends to finance, in part, the design and construction of Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 13 the Southwest Parkway with proceeds from the issuance and sale of one or more series of revenue bonds, which bonds also may include amounts for refunding all or certain Dallas North Tollway System revenue bonds previously issued by the Authority (collectively, the "Financing"). All of the Authority's obligations regarding the construction of the Southwest Parkway are contingent and conditioned upon the successful issuance and sale of said revenue bonds and the Authority's receipt of the proceeds from the Financing. If reasonably requested by the Authority, the City and/or TxDOT shall promptly cooperate with the Authority by providing assurances or other information necessary for obtaining the Financing, including assurances and information contained in the Official Statement issued for the Financing, provided that said assurances and/or information are, in the City's or TxDOT's reasonable judgment (as applicable), consistent with the provisions of this Agreement. Copies of this Agreement will be provided to, and reviewed and relied upon by, underwriters, investment bankers, brokerage firms and similar parties in connection with the provision of the Financing. 12. Term of Agreement; Termination. The term of this Agreement shall begin on the date of its execution by all parties and end on the earlier to occur of (a) the complete performance by the parties hereto of all provisions of this Agreement, or (b) the termination of this Agreement by written agreement of all parties hereto. 13. Notices. All notices or other communication required or permitted hereunder shall be presumed given when hand-delivered, or three (3) business days after being mailed by U.S. Mail and postage prepaid, addressed as follows: Southwest Parkway/Agreement Between the City of Fort Worth, the North Texas Tollway Authority and the Texas Department of Transportation - Page 14 If intended for the City, to: Hugo A. Malanga, P.E. Director, Transportation/Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 If intended for TxDOT, to: Steven E. Simmons, P.E. District Engineer Texas Department of Transportation P. O. Box 6868 Fort Worth, Texas 76115 If intended for the Authority, to: Jerry N. Hiebert Executive Director North Texas Tollway Authority 3015 Raleigh Street P. O. Box 190369 Dallas, Texas 75219 Either party may change its address for notices and communications hereunder by providing notice pursuant to this Section 13. 14. General Provisions. a. This Agreement embodies the entire agreement between the parties and there are no oral or written agreements between the parties, or any representations made, which are not expressly set forth herein. This Agreement may be amended only by a written instrument executed by the parties hereto. b. This Agreement shall bind the City, TxDOT, the Authority, and their successors and assigns. C. The headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 15 d. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of such party having or being deemed to have drafted, prepared, structured or dictated such provision. e. This Agreement does not in any way create a partnership, joint venture, or principal/agent relationship between the parties hereto and under no circumstances shall the City, TxDOT, or the Authority be considered as, or represent itself to be, an agent of the other party hereto. f. This Agreement is entered into for the sole benefit of the Authority, the City and TxDOT, and their respective successors and assigns. Nothing contained herein, or in any approval subsequently provided or action taken by any party hereto, shall be construed as giving any benefits, rights, remedies, or claims to any other person, firm, corporation, or other entity, including, without limitation, the public in general. g. The City acknowledges that the Authority must establish the feasibility of the Southwest Parkway as a turnpike project before the Authority can commit to design, construct and operate that project in accordance with the Regional Tollway Authority Act. Consequently, unless and until said feasibility is established, this Agreement creates no obligations on behalf of the Authority with respect to the ultimate construction, operation, and/or maintenance of the Southwest Parkway project. h. Each party to this Agreement represents to the other that it is fully authorized to enter into this Agreement and to perform its obligations hereunder, and that no waiver, consent, approval, or authorization from any third party is required to be Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation- Page 16 obtained or made in connection with the execution, delivery, or performance of this Agreement. i. The Authority agrees that, with respect to billboards or similar outdoor signs within the right-of-way that will constitute the Southwest Parkway, it will follow the policy, expressed in Resolution No. 98-048, dated July 24, 1998, to remove existing billboards and similar outdoor signs from purchased right-of-way and terminate existing billboard/sign leases to the greatest extent practical and permissible under applicable law, and further agrees that it will not allow billboards or similar outdoor signs on the Southwest Parkway right-of-way in the future. The City and the Authority agree to cooperate with one another in the City's development of a regulatory policy governing existing and future billboards and similar outdoor signs outside the Southwest Parkway right-of-way that would be within the view of the traveled portion of the facility. The intent of the parties under this subsection is to achieve a legal method to minimize or, if legally possible, to eliminate altogether the presence of billboards or similar outdoor signs that would or could be visible from the traveled portion of the Southwest Parkway. j. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver by either the City, the Authority or TxDOT of any immunities from suit or from liability that the parties may have by operation of law. k. This Agreement shall be construed and governed in accordance with laws of the State of Texas and the parties to this Agreement hereby stipulate that venue for Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation- Page 17 any and all causes of action between the parties and arising under this Agreement '\ay.� ��'� t�. �a- a-O"�' shall be State District Court in County, Texas. r Zpd 1. The Authority and TxDOT acknowledge that t,he City Couc3 of the Cityhas not appropriated the funds to satisfy any financial obligations of the City under this Agreement. Because the City is a governmental entity and is subject to statutory, constitutional and city charter provisions, the Authority and TxDOT acknowledge and agree that the City's performance of the City's obligations under this Agreement is subject to and conditioned upon the City Council taking separate action at a later time to appropriate the funds necessary to satisfy such obligations. in. The City and the Authority acknowledge that because the Southwest Parkway is a designated route on the National Highway System, any contemplated use of federal funding for any portion of the project would establish certain approval and inspection rights and responsibilities in the Federal Highway Administration ("FHWA"), and would make TxDOT responsible for all coordination with the FHWA and for obtaining any necessary approvals from the FHWA for the Southwest Parkway. The City and the Authority also acknowledge that in the event of any Commission approval of TxDOT participation in the cost of the Southwest Parkway in accordance with this Agreement and the Subsequent Agreement, certain statutory and regulatory requirements must be complied with, which the parties expect will include: (1) acquiring right-of-way in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (2) making project records and documents available to TxDOT, FHWA, and the U.S. Comptroller General; and (3) entering into a toll agreement containing the provisions required by 23 U.S.C. §129. The Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation - Page 18 City and the Authority finally acknowledge any new or revised access points to any Interstate Highway resulting from the development of the Southwest Parkway are subject to FHWA approval. The City and the Authority agree to address those and all related issues if and when the Subsequent Agreement described in Section 7 is negotiated between the parties. [end of page] Southwest Parkway/Agreement Between the City of Fort Worth,the North"texas Tollway Authority and the Texas Department of Transportation - Page 19 r 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of theddoT&Vj kt, 2000. CITY OF FORT WORTH NORTH TEXAS TOLLWAY AUTHORITY City Manager By: � , __ Je N. H bert By Executive Director Assistant Cit Manager AT ST: APPROVED AS TO FORM: LOCKE LIDDELL & SAPP LLP, City Secretary //d Ge ral Counsel Contract Authorization F ank E. Stevenst, II I„7 - - Date APPROVED AS TO FORM: 4auatwGu� t City An 711 TEXAS DEPARTMENT OF TRANSPORTATION Executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission By: Charles W. Heald, P.E. Executive Director Date /a?- 07.7-.2,060 Southwest Parkway/Agreement Between the City of Fort Worth,the North Texas Tollway Authority and the Texas Department of Transportation-Page 20 City of Fort Worth, Texas 4velgor and jZOUIRCH communication DATE REFERENCE NUMBER LOG NAME PAGE 12/8/98 C-17178 1 20SWPKWAY 1 of 2 SUBJECT RESOLUTION AUTHORIZATING SOUTHWEST PARKWAY INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS DEPARTMENT OF TRANSPORTATION, AND THE NORTH TEXAS TOLLWAY AUTHORITY RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute an interlocal agreement between the City, Texas Department of Transportation (TXDOT) and the North Texas Tollway Authority (the Authority) concerning the development of the Southwest Parkway (S.H. 121). DISCUSSION: The proposed interlocal agreement between the City, TXDOT, and the Authority concerns the extension of State Highway 121 south and west from Interstate 30 at Forest Park Boulevard, southwest of downtown Fort Worth to U.S. Highway 67 in Cleburne, also known as the Southwest Parkway. The agreement supports the development of the Southwest Parkway as a turnpike project if the Authority can establish its feasibility as such. The Authority has provided for the preparation of a preliminary rate and revenue evaluation indicating potential feasibility for that portion of the Southwest Parkway extending from its interchange with 1-30 to the intersection with Alta Mesa Drive (the "Initial Turnpike Portion"). This is predicated upon the assumption of a design of two lanes in each direction within a right of way of approximately 220 feet in width. The agreement approves these design assumptions, subject to modification in response to the Environmental Impact Study and review of design standards by the parties. The City may propose additional amenities and design features and will have approval rights over design through the schematic design phase (which will incorporate both structural and aesthetic elements) and the ability to review and comment subsequent to that phase. Total estimated costs for the Initial Turnpike Portion is approximately $180 million. The Authority estimates that the Initial Turnpike Portion could generate sufficient revenues to support the issuance of $65-70 million in turnpike revenue bonds. The City commits to acquire, or cause to be acquired, all required right of way (with the exception of right of way at the 1-30 and 1-20/183 interchanges). TXDOT will provide for the construction of interchanges and provide other support including the preparation of Environmental Impact Statements. The City, TXDOT and the Authority agree to work collaboratively to address any remaining funding shortfalls, including investigation of funding from the North Central Texas Council of Governments and/or the'use of federal funding. In addition to providing right of way, the City also agrees to assist the Authority in obtaining necessary approvals, permits and further agreements; to relocate city-owned utilities; to extend City-owned utilities to the outside boundary of the right of way to facilitate utility service to toll plazas and other facilities; to permit connection to City storm water drainage systems; and, with TXDOT, to provide for the operation, maintenance, policing and regulating of service roads and other adjacent, intersecting and crossing streets. City of Fort Worth, Texas "nuor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/8/98 C-17178 1 20SWPKWAY 2 of 2 SUBJECT RESOLUTION AUTHORIZATING SOUTHWEST PARKWAY INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS DEPARTMENT OF TRANSPORTATION, AND THE NORTH TEXAS TOLLWAY AUTHORITY The agreement provides for the creation of a Technical Work Group composed of representatives of the parties. The Technical Work Group will review and comment upon the proposed standards, design features, and aesthetic design of the project, and will conduct regularly scheduled meetings to discuss the schematic design, and preparation of plans, specifications and estimates. The agreement further provides for public involvement through a series of public meetings to be held by the Authority during the schematic design process. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the execution of the attached interlocal agreement will not have a material impact on City funds. City funding for its portion of the project is contingent upon the establishment of project feasibility by the Authority and will be the subject of future agreements. MG:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Hugo Malanga 7801 (from) D��Et 8 In Additional Information Contact: (ate._. t3ilty secretary of the Hugo Malanga 7801 City of Fort V' rth.Texas Adapted Resolution No.IiLU A Resolution Adopted Resolution No. cZ 7� AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF FORT WORTH, THE NORTH TEXAS TOLLWAY AUTHORITY, AND THE TEXAS DEPARTMENT OF TRANSPORTATION CONCERNING DEVELOPMENT OF THE SOUTHWEST PARKWAY WHEREAS, the timely extension of State Highway 121 south and west from Interstate Highway 30 in Fort Worth to U.S. Highway 67 in Cleburne (the "Southwest Parkway") is a crucial element in the successful development of the City of Fort Worth (the "City"), as well as benefiting the surrounding region and the State of Texas; and WHEREAS, the City acknowledges that the entire S.H. 121 (1-35 W to U.S. Highway 67) project is unlikely to be completed due to cost and issues related to routing through existing neighborhoods, (some of which are historically significant) and physical obstacles in the project section from 1-35 W to approximately 1-30; and WHEREAS, the City desires to delete from further consideration this segment of the project (1-35 W to approximately 1-30); and WHEREAS, the Southwest Parkway has been on the City's Thoroughfare Plan since the 1960's; and WHEREAS, the City commissioned an intermediate level feasibility study to consider whether various phases or segments of the Southwest Parkway could be developed as a turnpike; and WHEREAS, the City, other local governing bodies and private sector interests presented their study to the Texas Transportation Commission (the "Commission") in July 1995, and requested the participation of the Texas Department of Transportation ("TxDOT") in the development and funding of some portion of the Southwest Parkway, and by adopted minute order the Commission committed to support the development of the Southwest Parkway; and f WHEREAS, public funding of major transportation projects continues to face significant obstacles, and the Southwest Parkway is competing for funding with other worthwhile transportation projects; and WHEREAS, the North Texas Tollway Authority (the "Authority") is authorized to build and operate "turnpike projects", as that term is defined in the Turnpike Act (Tex. Transportation Code, Chapter 366) throughout Collin, Dallas, Denton and Tarrant Counties; and , CITY OF FORT WORTH g WHEREAS, there exists the potential for expediting the completion of the Southwest Parkway by financing a portion of that projects' design and construction costs through the use of turnpike financing if the Authority can establish that the Southwest Parkway is a feasible turnpike project; and WHEREAS, TxDOT has determined that the Southwest Parkway is necessary to alleviate congestion and ameliorate air quality, and supports the development of the Southwest Parkway as a turnpike project if the applicable legal requirements and other conditions can be satisfied; and WHEREAS, the Fort Worth City Council and the Tarrant County Commissioner's Court have adopted resolutions requesting that the Authority take such actions and conduct such studies as may be necessary to determine the viability of jointly developing and financing the Southwest Parkway with a combination of turnpike revenue bonds, City funds, and federal and/or state transportation funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City Manager is authorized to execute an agreement between the City, TxDOT and the Authority, which agreement shall: (1) Acknowledge the approval and support of the City and TxDOT for the financing, design, construction, operation and maintenance by the Authority of the Southwest Parkway as a turnpike project. (2) Acknowledge the approval and acceptance of certain design assumptions in connection with that portion of the Southwest Parkway extending from its interchange with Intbrstate Highway 30 to the intersection with Alta Mesa Drive (the "Initial Turnpike Portion"), which design assumptions may be utilized by the Authority in further evaluating the feasibility of the Southwest Parkway as a turnpike project. (3) Provide for the allocation of estimated project costs for the Initial Turnpike Portion. (4) Set forth the obligations of the City, TxDOT and the Authority with regard to the Initial Turnpike Portion. (5) Provide for the creation of a Technical Work Group composed of representatives of the City, TxDOT, the Authority, and the Federal Highway Administration, and such other members representing affected governmental or quasi-governmental bodies as designated by the City, TxDOT or the Authority (such other members being selected for the purpose of providing technical assistance only and shall not have the authority to bind the City, TxDOT or the Authority). t-Le� CITY OF FORT WORTH ADOPTED, this 6 day of ' 1998 l..L rav'6.n k - MTr A -('- 24--� City Secreta APPROVED AS TO FORM AND LEGALITY: &uz'�/ a� at�v- Assistant City Attomey APPROVED CITY COUNCIL Dec a w �w.vu")IAL-0 C1tT 8ecrottry of the city or tort Worth.I%xas CITY OF FORT WORTH INTEROFFICE MEMO To: HUGO MALANGA — DIRECTOR OF T&PW From: MARIBEL O. LUTTRELL, CITY SECRETARY'S OFFICE Date: November 29, 2000 SUBJECT: Inter-local Agreement with the NORTH TEXAS TOLLWAY AUTHORITY, and the Texas Highway Department of Transportation (TxDOT). M&C C-17178, dated 12-8-98. Adopted Resolution No. 2474 ----------------------------------------------------------- ----------------------------------------------------------- Attached are (4) contract(s), with the above referenced contractor for Development of the Southwest Parkway (S.H. 121). Signatures, except the above referenced contracting part, have been affixed. Please obtain the necessary signature(s) and then return the original copy stamped "Official Record City Secretary Fort Worth, TX." to the Office of the City Secretary for the assignment of a contract number and to keep in our file. Thank you in advance for your cooperation. If you have any questions, please feel free to call Maribel Luttrell at: ext. 6153. o� � -im* ,Af Texas Department of Transportation P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 August 29, 2000 CONTACT: TPD-RLB Agreement Between the City of Fort Worth, The North Texas Tollway Authority, and The Texas Department of Transportation Concerning Development of the Southwest Parkway Mr. Hugo A. Malanga, P.E. Director of Transportation and Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Mr. Malanga: Enclosed are four originals of the Agreement between the city of Fort Worth, the North Texas Tollway Authority, and the Texas Department of Transportation (TxDOT) concerning development of the Southwest Parkway. Please execute all originals and return them to TxDOT's Fort Worth District Office for further handling. After the agreement has been executed by each entity, a signed original will be returned to your office. If you have any questions regarding this matter, please contact Mr. Randall L. Bowers, P.E., at (817) 370-6746. Sincerely, Steven E. Simmons, P.E. District Engineer Fort Worth District :Is An Equal Opportunity Employer