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
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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
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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