HomeMy WebLinkAboutContract 31117 CITY SECRETARY
CONTRACT NO.
AMENDMENT#2 TO
AGREEMENT BETWEEN THE CITY OF FORT WORTH,
THE NORTH TEXAS TOLLWAY AUTHORITY, AND
THE TEXAS DEPARTMENT OF TRANSPORTATION
CONCERNING DEVELOPMENT OF THE SOUTHWEST PARKWAY
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AMENDMENT #2 (this "Amendment") is entered into as of the day of
December, 2004, 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 ("NTTA'), and the TEXAS
DEPARTMENT OF TRANSPORTATION, an agency of the State of Texas ("TxDOT"), the
City,NTTA and TxDOT being sometimes collectively referred to as the "Parties";
WITNESSETH :
WHEREAS, on July 29, 1999 the Texas Transportation Commission passed Minute
Order 107892, authorizing TxDOT to construct SH 121/Southwest Parkway (the "Project") from
11130 to Alta Mesa Boulevard; and
WHEREAS, TxDOT, the City, and NTTA executed that certain Agreement Between
The City Of Fort Worth, The North Texas Tollway Authority, And The Texas Department Of
Transportation Concerning Development Of The Southwest Parkway dated as of November 28,
2000 (the "Original ILA") to effectuate their agreement to develop the Project from 11130 in the
City of Fort Worth to US 67 in the City of Cleburne, such contract being identified as City of
Fort Worth City Secretary Contract No. 26411; and
AMENDMENT 42 To AGREEMENT BETWEEN THE CITY OF FORT WORTH, Q�
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WHEREAS, it became necessary to amend the Original ILA to address certain issues
relating to the City's acquisition of right-of-way resulting from the allocation by the North
Central Texas Council of Governments Regional Transportation Council of funds for that
purpose, such amendment being effected by that certain Amendment #1 to the Original ILA
executed by the Parties and dated to be effective as of August 2, 2004, the Original ILA as
amended by said Amendment#1 being hereinafter referred to as the "ILA"; and
WHEREAS, it has become necessary to further amend the ILA; and
WHEREAS, the City Council of the City of Fort Worth approved Mayor & Council
Communication C-20435 authorizing the City Manager to execute this Amendment; and
WHEREAS, the Board of Directors of NTTA passed Resolution No. 04114, authorizing
the Executive Director to negotiate and execute this Amendment;
NOW, THEREFORE, in consideration of these premises and the mutual benefits and
advantages accruing to the City, NTTA and TxDOT, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows:
1. ILA, As AMENDED HEREBY, REMAINS IN FULL EFFECT. The Parties acknowledge that
all provisions of the ILA remain in full force and effect except as specifically modified
by this Amendment.
2. ESTIMATED COSTS. Estimated costs for the Project are now $300 million, inclusive of
interchange costs but exclusive of right-of-way.
3. FUTURE AMENDMENT: THE FINAL FUNDING AGREEMENT. Prior to the award of any
construction contract for the Project, the Parties shall enter into an additional amendment
to the ILA that shall constitute the final funding agreement for the Project (the "Future
AMENDMENT#2 TO.AGREEMENT BETWEEN THE CITY OF FORT WORTH,
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THE NORTH TEXAS I OLLWAY AUTHORITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION—PAGE 2 ��-.,C
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Amendment"); the Future Amendment shall allocate responsibility for anticipated
construction and operation and maintenance costs for the Project, and responsibility for
the payment of all timely submitted additions and change orders. Absent the agreement
of the Parties to the contrary, the Future Amendment shall not conflict with, or place
additional obligations on any of the Parties not described in, the ILA as modified by this
Amendment.
4. NTTA's SWDG/THE CITY'S NATURE AND CHARACTER PLAN/THE PARTIES' SWP
APPENDIx. NTTA has created System-Wide Design Guidelines ("SWDG")to be utilized
in the design and construction of all NTTA projects. The City, through its use of a
Citizens' Advisory Group (the "CAG"), has completed a Nature and Character Plan that
addresses design features specifically related to the Project. After consultation among the
Parties, they agree that the attached "Southwest Parkway Appendix to the SWDG" (the
"SWP Appendix") is an accurate reflection of desired nature and character elements of
the Project that shall be incorporated into an adaptation of the SWDG for the Project.
The SWP Appendix lists and generally describes the Project's features that will be
designed and constructed in a manner at variance with the SWDG, provided that (a) the
detailed design and development of those features will be achieved through the Master
Plan process described in paragraph 6 below and (b) as indicated in the SWP Appendix,
general issues regarding the placement of trees, and the use of a "splayed" coping (after
due consideration of any additional engineering and construction costs that result,
durability issues, and projected maintenance needs) also will be established through the
Master Plan process.
AMENDMENT#2 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH.
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5. USE OF THE SWP APPENDIX. The Parties agree that NTTA shall use the SWDG as
amended by the SWP Appendix in its preparation of a"Corridor Master Plan" addressing
nature and character elements of the Project (the "Master Plan") prior to NTTA initiating
the preparation of plans, specifications and estimates for the Project (the "PS&E"); each
of the Parties agrees that it will support the finalization, approval and implementation of
the Master Plan provided it complies with the SWDG as amended by the SWP Appendix
and will not withhold its approval for a reason or design feature at variance with or
lacking from the SWP Appendix, subject to the qualifications provided in (a) the
concluding sentence of paragraph 4 above and (b) in the following sentence. The Parties
will not unreasonably withhold their approval during the Master Plan process of a
variation from or addition to the Master Plan that (i) is proposed by a Party
unconditionally agreeing to fund all additional costs associated therewith (including
design, construction, right-of-way, permitting, utility adjustment, and future operational,
maintenance and replacement costs) and (ii) does not result in decreased levels of safety
or operational efficiency, performance and durability or otherwise conflicts with the
provisions of the first or third sentence of subparagraph 6.(e) below.
6. MASTER PLAN PROCESS.
(a) Prior to initiating the preparation of the PS&E, the Parties shall conduct a process
that will result in the development of the Master Plan. The Master Plan will
further define the appropriate nature and character elements, and the locations of
those elements, including a master landscape plan, all in accordance and
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consistent with (i)the SWDG as amended by the SWP Appendix and (ii)the ILA
as modified by this Amendment.
(b) The Master Plan process team shall be composed of the Parties' staff and
consultants selected to provide the necessary technical and other assistance and
input to the team and authorized to make or implement final actions or decisions
binding on the applicable Party after the necessary review and consultation with
that Party's staff and officials. NTTA will operate as the lead agency in working
with the City and TxDOT and develop a Master Plan process schedule that will
require agreement by the Parties in time for the initial meeting in early February,
2005.
(c) There will be three general collaborative planning meetings of the Parties held at
the beginning, midpoint and end of the Master Plan process, as further described
in the approved Master Plan process schedule. The beginning meeting is
anticipated to run two days with NTTA presenting a graphic representation of the
Project's nature and character elements in accordance with (i)the S WDG as
amended by the SWP Appendix and (ii)the ILA as modified by this Amendment.
This representation will constitute a graphic documentation that provides the
Parties with a summary of items agreed upon to date, together with a listing of
items that require further collaborative development by the Parties. This
representation is meant to provide the Parties with a clear understanding of items
that must be resolved as part of the Master Plan process. It is fully anticipated
AMENDMENT#2 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, OFFKJJ k Mil
TI IE NORTH TEXAS TOLLWAY AUTHORITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION-PAGES ��M, y DALLAS.67318.47205 047746v4 �j V
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that all of the Parties will provide additional input regarding items that require
resolution during the initial two-day meeting.
(d) The midpoint and end meetings are anticipated to be one day each. NTTA will
provide documentation in advance of these meetings to facilitate a productive
discussion of issues that must be resolved. The three general collaborative
planning meetings discussed above are in addition to (and not in lieu of) technical
meetings involving a smaller number of the Parties' representatives that are
expected to occur during the Master Plan process. The City will be responsible
for promptly communicating to the CAG the milestones of the approved Master
Plan process schedule and receiving timely comments from the CAG. The Master
Plan process will include a workshop to consider the "Trinity River Vision Master
Plan" with respect to the design of the Trinity River bridges; the City may invite
the Tarrant Regional Water District to attend and participate in that workshop.
(e) The Parties agree to use best efforts to complete and fully approve the Master
Plan prior to July 1, 2005. As provided in paragraph 5 above, NTTA must obtain
the City's approval of the Master Plan, as evidenced by the passage of a
resolution of its City Council, prior to NTTA initiating the preparation of the
PS&E; NTTA also must obtain the City's approval of the PS&E as provided in
paragraph 8 below. The Parties acknowledge that the Master Plan process is not
intended or desired to revisit or change the geometrics of the Project or to result in
any other modification that might reasonably be expected to delay or reopen the
EIS process or to require a supplementation or reevaluation of the FEIS. The
AMENDMENT#2 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, V l:rJ
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Master Plan process shall build upon, and add the necessary detail to, the
substantial progress previously achieved by the Parties toward finalizing the
Project's design as reflected in the SWDG as amended by the SWP Appendix and
in the ILA as modified by this Amendment.
7. RIGHT-OF-WAY/UTILITY RELOCATION PLANS. Except as otherwise explicitly provided
in this Amendment, the Parties' performance of their respective obligations under the
ILA shall not be postponed or suspended pending the completion and approval of the
Master Plan, including without limitation the respective obligations of the City and
TxDOT regarding the acquisition of right-of-way, the City's preparation of plans for the
relocation of City-owned utilities and the City's relocation of those utilities.
8. THE PS&E. NTTA agrees that the PS&E shall document the nature and character
elements contained within the Master Plan. Prior to the award of any construction
contract for the Project, NTTA must obtain the City's approval of the PS&E, as
evidenced by the passage of a resolution of its City Council, provided that the City shall
not withhold or delay its approval if the other Parties have performed their obligations
under this Amendment and the ILA (as it may be subsequently amended). NTTA also
must obtain TxDOT's approval of the PS&E in accordance with the procedures typically
utilized by TxDOT and NTTA regarding facilities similar to the Project and as further set
forth in the ILA.
9. ROADWAY POSTED SPEED AND DESIGN SPEED. The Parties agree that the Project's
posted speed shall be fifty miles-per-hour (50 mph) from Arborlawn to IH 30. Further,
NTTA's staff shall promptly provide schematic level designs matching the Project's
.AMENDMENT#2 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH,
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design speed between Arborlawn and IH 30 with its 50-mph posted speed and, without
limiting the foregoing, during the Master Plan process this feature will be accommodated
to the greatest extent permitted under prudent engineering and project development
practices.
10. VENUE AND JURISDICTION. NTTA agrees not to oppose federal or state court
jurisdiction or venue in Tarrant County for actions brought by the City for enforcement of
the terms of the ILA as amended by this Amendment (or as it may be subsequently
amended).
11. EIS COMMENT PERIOD.
(a) This Amendment and/or the SWDG as amended by the SWP Appendix shall be
referenced in the Record of Decision (the "ROD") using language identical to the
following:
The City, NTTA and TxDOT have executed a document styled
"Amendment#2 To The Agreement Between The City Of Fort Worth,
The North Texas Tollway Authority, And The Texas Department Of
Transportation Concerning Development Of The Southwest Parkway" that
includes, among other things, certain nature and character elements for the
project. Copies of this document are available from the City at its City
Manager's Office and from NTTA at its Executive Director's office.
(b) Further, the Parties acknowledge that on October 27, 2004, the Federal Highway
Administration, TxDOT and NTTA approved the final environmental impact
statement ("FEIS") for the Project pursuant to the National Environmental Policy
Act, 42 U.S.C. §§ 4321-4347. The FEIS contemplates an ongoing collaborative
process in which various elements of the Project are to be further detailed.
Included among the several agreements between the Parties that are reflected in
AMENDMENT 42 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH.
THE NORTH TEXAS TOLLWAY AUTHORITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION-PAGE 8
DALLAS 67318 47205 1347746v4
this Amendment are those that further the process described in Chapter 8 of the
FEIS.
12. FINANCIAL FEASIBILITY. As provided in the ILA, NTTA must establish the feasibility
of the Project as a turnpike project before NTTA can commit to design, construct and
operate it in accordance with NTTA's enabling legislation. Consequently, unless and
until said feasibility is established, neither the ILA, this Amendment nor any other
document or communication creates any obligation on behalf of NTTA to construct,
operate and/or maintain the Project.
13. NOTICES. The notice addresses for the Parties set forth in Section 13, Notices, of the
Original ILA are hereby deleted and the following substituted in their place:
If intended for the City, to:
Marc A. Ott
Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
If intended for TxDOT:
by hand delivery:
Maribel P. Chavez, P.E.
District Engineer
Texas Department of Transportation
2501 SW Loop 820
Fort Worth, Texas 76133
or by mail:
Maribel P. Chavez, P.E.
District Engineer
Texas Department of Transportation
P. O. Box 6868
Fort Worth, Texas 76115
AMENDMENT #2 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH,
I HF NORTH TEXAS TOLLW AY AUTHORITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION-PAGE I
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If intended for NTTA:
by hand delivery:
Jerry Hiebert
Executive Director
North Texas Tollway Authority
5900 West Plano Parkway
Suite 100
Plano, Texas 75093
or by mail:
Jerry Hiebert
Executive Director
North Texas Tollway Authority
P. O. Box 260729
Plano, Texas 75026
Any of the Parties may further change its address for notices and communications
hereunder by providing notice pursuant to Section 13 of the Original ILA as amended
hereby.
14. MISCELLANEOUS. The ILA, as amended by this Amendment, embodies the entire
agreement between the Parties regarding the Project and there are no oral or written
agreements between the Parties, or any representations made, which are not expressly set
forth therein. Notwithstanding the foregoing, nothing contained in this Amendment
should be construed as limiting, abrogating, superseding or otherwise amending the
Parties' respective obligations arising under the ROD. The ILA, as amended by this
Amendment, may be amended only by a written instrument executed by the Parties.
Subsections b. through f., h. and j. of Section 14, General Provisions, of the Original
ILA are restated and incorporated by reference herein with all references to "this
Agreement" changed to "this Amendment" and to "the Authority" changed to "NTTA."
AMENDMENT#t2 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH,
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This Amendment may be executed in several counterparts, each of which shall be
deemed an original, and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, THE CITY, NTTA AND TxDOT, have executed
triplicate counterparts to effectuate this Amendment, which will become effective on the date
that the last party executes this Amendment.
ATTEST: CITY OF FORT WORTH
MARTY HEND IX, MARL A. TT,
City Secretary Assistant C ;Manager
(1, acl(42S5 Date: December 99V�2004
Contract Authorization
Date: December , 2004
.. '.'-'D AS TO POEM AND LEGALITY.
AMENDMENT 42 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH,
rwoTHE NORTH TEXAS TOLLWAY AUTHORITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION-PAGE I I
-'OK 46!tieDALLAS:67318.47205: 1347746v4 p p?U � IL
TEX,
NORTH TEXAS OLLWAY AUTHORITY
By:
JERRY EBERT,
Executive Director
Date: December JA_, 2004
APPROVED AS TO FORM:
LocKE LIDDELL& SAPP LLP,
General Counsel
B
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission 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:
MICHAEL W. BEHRENS, P.E.
Executive Director
Date: December 52004
AMENDMENT#2 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH,
THE NORTH TEXAS TOLLWAY AUTHORITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION-PAGE 12
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ATTACHMENT TO
AMENDMENT #2 TO INTERLOCAL AGREEMENT
121T/TARRANT COUNTY
THE SWP APPENDIX
1. INTERCHANGES AND CROSSINGS.
Arborlawn and Oakmont Interchanges: NTTA pays for bridge structure and for the
nature and character elements described in the SWDG as amended by the SWP Appendix
as depicted on Exhibit A(Arborlawn) and Exhibit B (Oakmont)hereto.
Oakbend Crossinf;: The City pays for bridge structure and for the nature and character
elements described in the SWDG as amended by the SWP Appendix as depicted on
Exhibit B hereto.
Montgomery Interchange: The Parties anticipate that Montgomery will not be over the
Project; if that is not the case,NTTA pays for the nature and character elements described
in the SWDG as amended by the SWP Appendix, as depicted on Exhibit C hereto (if it
goes over the Project), provided that the Parties acknowledge that existing right-of-way is
too limited to permit the construction of terracing, pedestrian walkways and planters.
Future Dirks-Altamesa Interchange: If NTTA extends the Project beyond this
interchange, it pays for bridge structure and for the nature and character elements
described in the SWDG as amended by the SWP Appendix as depicted on Exhibit A
hereto.
Clear Fork (Stonegate) Overton Ridge and Rogers Interchanges, Dutch Branch Crossing
and Montgomery Interchange (if it goes under the Project): NTTA pays for bridge
structure (including baseline retaining structure) as depicted on Exhibit D hereto and the
City pays for all terracing, additional retaining structure, pedestrian walkway
enhancements, monumentation and other nature and character elements it desires.
Clear Fork Trinity Crossing (both West and East): NTTA pays for monumentation at the
end of the West Crossing bridge spans and TxDOT pays for monumentation at the end of
the East Crossing bridge spans, all as depicted on Exhibit E hereto.
University Crossing: TxDOT pays for monumentation, terracing and lighting as depicted
on Exhibit F hereto.
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2. "SMOOTH-BOTTOM" EFFECT ON BRIDGES.
University Crossing: To achieve a "smooth-bottom" effect, the City pays TxDOT the
cost differential between concrete box beams (or other structure type required to achieve
a"smooth-bottom effect) and standard AASHTO bridge beams for University Crossing.
Rogers Interchange: To achieve a "smooth-bottom" effect, the City pays NTTA the cost
differential between concrete box beams (or other structure type required to achieve a
"smooth-bottom" effect) and standard AASHTO bridge beams for Rogers Interchange.
East and West Crossings of the Clear Fork of the Trinity River: NTTA and TxDOT pay
the cost differential to achieve a "smooth-bottom" effect on the spans extending over
trails and trail heads (and not on the two longer spans crossing the River) at the East and
West Crossings of the Clear Fork of the Trinity River; the method to provide that effect
shall be established during the Master Plan process.
3. LANDSCAPING.
General: As part of the Master Plan process, the Parties will agree upon a master
landscape plan consistent with the SWDG as modified by this SWP Appendix providing
for spaced concentrations of trees, turf areas and planting areas and planters. Planting
areas, planters and resulting irrigation systems shall be placed by NTTA on the
Arborlawn and Oakmont interchanges, and, if built by NTTA, on Future Dirks-Altamesa
interchange, and, if desired by the City, shall be placed by the City on Oakbend crossing.
Trees:
• NTTA will provide for up to 2,900 trees and TxDOT will provide up to 1,800
trees for the interchange areas;
• trees shall be sized in accordance with SWDG installation sizes as recommended
on pages 68-74 of the SWDG Plant Palette;
• trees will not be placed in clear zones or in locations that otherwise violate or
conflict with recognized safety standards;
• trees will be planted using recommended spacing criteria as defined in the
American Standard for Nursery Stock(ANSI Z60.1);
• the Parties do not intend for trees to be over-planted or to otherwise plant and thin
per criteria in the American Standard for Nursery Stock (ANSI Z60.1);
• there will be no "credit" or other adjustment to the Parties' obligations hereunder
if fewer than the indicated maximum number of trees can be placed; and
• additional detail regarding the placement of trees will be established during the
Master Plan process.
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Maintenance:
• TxDOT will have no maintenance responsibilities regarding the Project
landscaping;
• except as provided below, NTTA will be responsible for maintaining landscaping
within the Project right-of-way, as well as on bridges and the City's streets at their
intersections with the Project, the precise limits of NTTA's maintenance
obligations regarding the City's streets to be established during the Master Plan
process,
• the City will (a) bring water service to the Project's limits and (b)provide
sufficient water for the establishment period for trees and other landscaping
planted in connection with the Project from the time of their planting up to three
years following the opening of the Project;
• NTTA will provide permanent irrigation systems and water for planting bed areas
(and all plant materials therein) and planters placed within the Project right-of-
way and other areas it maintains;
• turf areas will be watered by natural rain only; and
• the precise limits of the City's and NTTA's maintenance obligations regarding the
Project and additional detail regarding those obligations will be established during
the Master Plan process.
4. INTERCHANGE AND CROSSING ELEMENTS:
• Arborlawn and Future Dirks-Altamesa Interchanges: At the outside edges of the
bridges there will be an ornamental steel picket railing with integral fence
extending from the bridge deck to the height required by AASHTO safety
standards. The pedestrian walkways will be separated from the City's street by a
planter wall that will meet applicable AASHTO guidelines. The above-described
ornamental fence and planter are depicted on Exhibit A hereto.
• Oakmont Interchange and Oakbend Crossing: At the outside edges of the bridges
there will be a planter. An ornamental fence will extend from the top of the
outside wall of the planter. The inside wall of the planter will meet AASHTO
guidelines. The pedestrian walkways will be separated from the City's street by a
curb. The above-described ornamental fence and planter and curb configuration
are depicted on Exhibit B.
• The Project's Controlled Access Lanes over Union Pacific Railroad Tracks: At
the outside edges of the bridge there will be a concrete rail as depicted on the
"NTTA-SWDG 121 Fort Worth Adaptation"referenced above, and an AASHTO-
approved ornamental fence will extend from the top of the rail if additional
fencing is required by Union Pacific. There will be no pedestrian walk wa s.
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• Other Bridges Carrying Ci1y Streets: On all other bridges carrying the City's
streets over the Project, at the outside edges of the bridges there will be a concrete
rail with the ornamental "X" fence extending from the top of the rail as depicted
on the "NTTA-SWDG 121 Fort Worth Adaptation" referenced above. The
pedestrian walkways will be separated from the City's street by a curb.
• Bridges Carrying The Project Across The Trinity River: On the bridges carrying
the Project's controlled access lanes across the Clear Fork of the Trinity River, at
the outside edges of the bridges there will be an AASHTO-approved rail
identified during the Master Plan process facilitating views to the River; prior to
approval of 60% design of the PS&E the City may present for consideration a
crash-tested alternative rail of comparable cost. There will be no pedestrian
walkways.
• Hulen Bridge: One side of the Hulen bridge will provide pedestrian access.
• Other Bridges Ca ing The Project: On all other bridges carrying the Project's
controlled access lanes (except University Drive interchange to be constructed by
TxDOT as provided in paragraph 1 above), at the outside edges of the bridges
there will be a rail as depicted on the "NTTA-SWDG 121 Fort Worth Adaptation"
referenced above. There will be no pedestrian walkways.
5. SEPARATED BRIDGE SPANS: Bridge spans crossing over the Project (except Hulen and,
if over the Project, Montgomery bridges) will be separated as generally depicted on
Exhibit G, provided however they will be designed as part of the Master Plan process so
as to comply with AASHTO and other applicable safety standards. The bridges carrying
the Project's controlled access lanes across the Trinity River also will be separated.
6. SUNSET TERRACE: NTTA shall provide a screen wall for the benefit of the four
residences marked on Exhibit H upon the following terms. The City is responsible for
determining whether consensus can be achieved among those residents and any other
affected parties regarding the desirability and location of the screen wall. Consistent with
its standard policy, NTTA will construct the screen wall if the City, prior to NTTA's
completion of the PS&E, can obtain:
• written approval of the wall and its location by the owners of the four residences
and any other affected parties,
• a release for NTTA and TxDOT regarding the construction, impacts and future
maintenance of the screen wall, and
• the real property or other interests required for NTTA to construct the screen wall.
The screen wall shall not exceed ten feet (10') in height and the parties acknowledge that
it is not anticipated or intended to provide sound mitigation benefits.
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7. ALAMO HEIGHTS NEIGHBORHOOD: NTTA will provide a twenty-five foot (25')-wide
landscaped buffer between its toll plaza and the Alamo Heights neighborhood and
extending from Concrete Street to Hopkins Street as depicted on Exhibit I, to be
defined/designed during the Master Plan process. The Master Plan shall include a
detailed element for the area described in the preceding sentence. A wall or similar
hardscape feature is not anticipated at this location. If NTTA's maintenance facility is
placed in the vicinity of the Alamo Heights neighborhood, it will generally utilize the
masonry walls and other design features present in its similar facility on Ohio Drive
adjacent to the President George Bush Turnpike. All stored materials and equipment
shall be suitably screened.
8. PAINTING AND MAINTAINING OF FENCING. RAILING AND OTHER ELEMENTS: NTTA
shall be responsible for painting and maintaining fencing, railing, planters and other
nature and character elements within the Project right-of-way, as well as on bridges and
the City's streets at their intersections with the Project. The precise limits of NTTA's
maintenance obligations of the City's streets shall be established during the Master Plan
process. All other above-deck maintenance on bridges or other maintenance on the
City's streets, including with respect to driving surfaces, striping, signage and traffic
signalization, shall be the City's responsibility. Neither TxDOT nor NTTA shall be
responsible for any repair, maintenance or policing of trails.
9. CONSTRUCTION FOOTPRINT (RETAINING WALLS FOR TREE PRESERVATION): As
currently indicated on Exhibit J, NTTA will use retaining walls depicted on the two-sheet
graphic document referenced in paragraph 10 below and generally described as the
"NTTA-SWDG 121 Fort Worth Adaptation" between the Trinity River and Fort Worth
County Day School to reasonably limit the Project's construction footprint and preserve
certain tree stands.
10. NTTA-SWDG 121 FORT WORTH ADAPTATION: The two-sheet graphic document
prepared by HNTB Corporation and Carter Burgess Inc. and composed of sheets titled
"NTTA-SWDG 121 Fort Worth Adaptation" and "SH 121 General Alignment" is
attached hereto as Exhibit K and Exhibit L. respectively, and made a part hereof for all
purposes. For the purpose of clarification, the vertical and horizontal patterns depicted in
the "NTTA-SWDG 121 Fort Worth Adaptation" for walls and other structures are
intended as visual and not structural elements. Additionally, NTTA agrees to provide a
second background accent color (for a total of three paint colors to be used on the
Project), provided that this additional color shall be limited to bridge structures crossing
over the Project.
11. TOLL PLAZA MEDIAN: The toll plaza operations building will be situated on one side of
controlled access turnpike lanes. It is critical to the safe and efficient operation of that
plaza that an unobstructed view is available from the operations building across the entire
width of the Project. Due to those operational issues, there will not be a landscaped
median at the toll plaza.
12. SIGNAGE/LIGHT STANDARDS: Signage/light standards will not be painted.
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13. FASCIA: NTTA, TxDOT and the City will each pay for a fascia to be utilized on the
outside of the outside beams of their respective bridges in order to lessen the visual
impact of the AASHTO girders. Specifically, NTTA/TxDOT shall be responsible for
those costs resulting for the bridges carrying the Project over the Clear Fork of the Trinity
River and over the Union Pacific Railroad tracks, Montgomery (if built over the Project),
Arborlawn, Oakmont, Future Dirks-Altamesa (if built), and Stonegate. The extent of the
fascia (if any) on the bridges over the Union Pacific Railroad tracks will be determined
during the Master Plan process after due and reasonable consideration of the benefits to
be achieved by that treatment in relation to resulting costs. The City shall be responsible
for costs resulting for the bridges at Montgomery (if built under the Project), Clear Fork
(Stonegate), Overton Ridge, Oakbend Crossing and Dutch Branch.
14. TxDOT COMMITMENTS: TxDOT affirms its commitment to the Streams & Valleys
program included in the City Council's original LPA resolution (No. 2923) regarding
(a)painting and lighting under I-30, (b) split bridge spans, (c)trail head in the vicinity of
Rosedale instead of in the vicinity of the Project, and (d)pedestrian access on old
Vickery Bridge.
15. UPDATED PRELIMINARY FEASIBILITY STUDY: Promptly following the complete
execution of this Amendment, NTTA shall commence the preparation of an updated
preliminary feasibility study and shall use all reasonable efforts to finalize that study
prior to completion of the Master Plan process.
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EXHIBIT A
ATTACHMENT TO
AMENDMENT#2 TO ILA— 121T/TARRANT COUNTY
Arborlawn and Future Dirks-Altamesa Interchanjzes
[see following page]
LXHIBIT A-ATTACHMENT To AMENDMENT#2
To ILA- 121 T TARRANT COUNTY-PAGE 1 of 2
DALLAS:67318.47205. 1347746v4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/7/2004
DATE: Tuesday, December 07, 2004
LOG NAME: 30SH121TAGREE REFERENCE NO.: C-20435
SUBJECT:
Authorization to Execute Amendment No. 2 to the Agreement Between the City of Fort Worth, the
North Texas Tollway Authority, and the Texas Department of Transportation for the Development of
SH 121 Tollway (Southwest Parkway)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 2 to the
agreement between the City of Fort Worth, The North Texas Tollway Authority (NTTA), and the Texas
Department of Transportation (TxDOT)
DISCUSSION:
On December 22, 2000, TxDOT, the City of Fort Worth and NTTA executed a contract to effectuate their
agreement to develop the Southwest Parkway from IH 30 in the City for Fort Worth to US 67 in the City of
Cleburne. This agreement created the structure through which the three parties have developed Southwest
Parkway to date. On June 8, 2004 (M&C C-20112), Council authorized Amendment No. 1 to this
agreement to provide the City access to federal grant funding in the amount of $39,500,000 for the
purchase of right of way to support the City's obligations under the original agreement.
Amendment No. 2 will detail many aspects of the nature and character, or the 'look and feel', of Southwest
Parkway. City staffs efforts are based on the work product of the Citizen Advisory Group appointed by the
Mayor and Council in late 2003. This amendment will detail many of the capital and maintenance
obligations of the roadway among the project partners.
Within the framework of the term sheet presented to the City Council in executive session on December 7,
2004, staff is seeking authorization to continue negotiations in the best interest of the City and affected
stakeholders and authorize the City Manager to execute Amendment No. 2 within a timeframe that allows
for the amendment to be entered into the public record as part of the comment period for the Final
Environment Impact Statement (FEIS) released by the Texas Department of Transportation. The public
hearing for the FEIS will be held December 13, 2004 with the public record closing December 31, 2004.
This project is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material impact on City funds.
T „"nn ,P• 'Zncu1')1Te(:1?FF Page 1 of
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
T ---n a- zncu111TertzFF Paee 2 of