HomeMy WebLinkAbout025580 - Construction-Related - Contract - Texas Department of Transportation (TxDOT). +
CITY SECRETARY�, � G` � �
CONTRACT NO.
CERTIFIED COPY
Denton County
Control: 0353-02-055
Hiqhway: S.H. 114, From
0.5mi E. of IH 35W
To l.lmi W. of IH 35W
STATE OF TEXAS *
COUNTY OF TRAVIS *
AGREEMENT FOR IiIGHWAY IMPROVEMENTS
AT THE INTERSECTION OF
S.H. 114 AND I.H. 35W
NEAR TEXAS MOTOR SPEEDWAY
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State^
and the City of Fort Worth, Texas, actinq by and throuqh its duly authorized
officers, hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the State owns and operates a system of highways for public use and
benefit, including Interstate Hiqhway (I.H.) 35W and State Hiqhway (S.H.) 114 in
Denton County; and
WHEREAS, the City desires the construction of improvements to reconstruct
the existinq mainlanes of S.H. 114 and construct a turnaround under I.H. 35W, as
shown in "Exhibit A", to be hereinafter identified as the "Project"; and
WHEREAS, this construction will improve traffic flow around the Texas Motor
Speedway; and .
WHEREAS, the City has offered to participate in the development and
construction of the Project by providinq funding, preparing or havinq prepared
the preliminary engineerinq and desiqn plans, acquiring the necessary riqht-of-
way, providing relocation assistance, preparinq riqht-of-way description and
value determination, condemning property, providinq certifications, providing
environmental mitigation and providing other necessary items as required by the
State; and
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WHEREAS, on the 21st day of May, 1996, the Fort Worth City Council passed
Resolution No. 2174, attached hereto and identified as "Exhibit B", authorizing
the City's participation in the development of the Project; and
WHEREAS, the State will provide fundinq, review the engineerinq and right-of-
way related items, let the construction contract, provide the construction
inspection, and provide other items as required; and
WHEREAS, on the 29th day of February, 1996, the Texas Transportation
Commission passed Minute Order 106744, attached hereto and identified as "Exhibit
C", authorizing the Project; and
WHEREAS, the State and the City are statutorily authorized under Article
6673b, V.T.C.S. to enter into this aqreement for the development and construction
of the Project;
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto, to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon completion of the Project or unless terminated or modified as
hereinafter provided.
2. SCOPE OF PROJECT
The State and the City agree that the scope of the Project shall be limited
to the scope authorized by the Texas Transportation Commission.
3. ACOUISITION OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE,
The City shall perform all necessary requirements to provide the State title
to the desired right-of-way required for the construction of the Project,
which title shall be acceptable to the State. The City shall provide all
riqht-of-way to the State free and clear of all improvements and/or
encroachments. The City will comply with all requirements of Title II and
Title III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., includinq
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those provisions relatinq to incidental expenses incurred by the property
owners in conveying the riqht-of-way to the State, and benefits applicable
to the relocation of 3ny displaced person as defined in 49 CFR, 24.2(g).
Documentation to support such compliance must be maintained and must be made
available to the State and its representatives for review and inspection.
The City shall secure and provide to the State easements over any other land
in addition to normal right-of-way as may be indicated on the approved
right-of-way map. The State will provide the City standard conveyance forms
used by the State in acquirinq highway riqht-of-way and such forms will be
used by the City in conveying title to the State. Title to the acquired
right-of-way shall be secured in the name of the State or shall be conveyed
to the State by the City, if previously acquired in the name of the Citv.
Any deletions, additions or modifications of the forms must be approved in
writing by the State. The City will be responsible for any additional
right-of-way required by the State for the completion of the Project.
4. RIGHT-OF-WAY DESCRIPTION
The City will prepare right-of-way maps, property descriptions and other
data as needed to properly describe the right-of-way which the City is to
acquire and provide for the Project. The riqht-of-way maps and property
descriptions shall be submitted to the State £or approval prior to the City
acquiring the necessary riqht-of-way. Tracings of the right-of-way maps
shall be retained by the State for its permanent records.
S. DETERMINATION OF RIGHT-OF-WAY VALUES
�The City agrees to make a determination of property values for each right-
of-way parcel by methods acceptable to the State and to submit to the
State's District Office a tabulation of the values so determined, signed by
the appropriate City representative. Such tabulations shall list the parcel
numbers, ownership, acreaqe and recommended compensation. Compensation
shall be shown in the component parts of land taken, itemization of
improvements taken, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This
tabulation shall be accompanied by an explanation to support the determined
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values, toqether with a copy of information or reports used in arrivinq at
all determined values. The State will review the data submitted and may
base its reimbursement• for parcel acquisitions on the values which are
determined by this review.
6. UTILITY ADJUSTMENTS/RELOCATIONS
If the required right-of-way encroaches upon existing utilities and the
proposed highway construction requires the adjustment, removal or relocation
of such utility facilities, the City will establish the necessary utility
work in accordance with 43 TAC, Sec 21.31-21.53, if applicable, and notify
the affected utility companies of the required work. Unless otherwise
provided by the owners of the utility facilities, the City shall be
responsible for the adjustment, removal or relocation of such utility
facilities in accordance with applicable State law, requlations, policies
and procedures. In the event additional utilities are required to be
adjusted, removed or relocated durinq the construction of the Project, the
City will be responsible for accomplishing the additional utility work,
unless this work is provided by the owners of the utility facilities,
7. CONDEMNATION
Condemnation proceedinqs will be initiated at a time selected by the City
and will be the City's responsibility at its own expense as hereinafter
indicated. The City will concurrently file condemnation proceedings and a
notice of lis pendens for each case in the name of the State, and in each
case so filed the judgment of the court will decree title to the property
condemned to the State.
8. REIMBURSEMENT FOR RIGHT-OF-WAY REL,ATED ITEMS
Riqht-of-way related items include, but are not limited to the process of
acquisition and securinq easements, acquisition, relocation, right-of-way
description and value determination, utility adjustments, condemnation,
certifications, and environmental mitiqation items listed in Article 10,
paragraph B herein.
A. Reimbursement will be made to the City for costs incurred subsequent to
the Federal Letter of Authority in an amount not to exceed ninety percent
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(90�) of the cost of the riqht-of-way purchased in accordance with the terms
and provisions of this agreement. Cost to comply with more strinqent local
codes will be at other-than-State expense. Reimbursement will be in the
amount of ninety percent (90�) of the State's predetermined value of each
parcel, or the net cost thereof, whichever is the lesser amount. In
addition, reimbursement will be made to the City for necessary payments to
appraisers, expenses incurred in order to assure good title to property
acquired as well as incidental expense incurred in conveyinq the needed
right-of-way to the State. Reimbursement shall not exceed ninety percent
(90�) of such documented costs.
B. If condemnation is necessary and title is taken as set forth herein
under the section entitled "condemnation", the reimbursement by the State
shall be based on the final judqment, conditioned upon the State havinq been
notified in writing prior to the filing of such suit and upon prompt notice
being given as to all action taken therein. Court costs and costs of
Special Commissioners' hearings assessed against the City in condemnation
proceedings conducted on behalf of the State and fees incident thereto will
be paid by the City. Such costs and fees will be eliqible for ninety
percent (90�) reimbursement under the established reimbursement procedure
provided such costs and fees are eligible for payment by the State under
existinq law.
C. Utility adjustments which would be eligible for cost participation by
virtue of 23 CFR 645.107 will be eligible for reimbursement by the State at
one hundred percent (100�) of actual eliqible cost.
D. Reimbursement will be made to the City for costs associated with the
Relocation Assistance Program provided these costs are in compliance with
the rules and requlations formulated by the State and the FHWA. It is
further aqreed that documentation supporting each reimbursement request from
the City will include the displacee's name and evidence the City's payment
was received by the displacee. Reimbursement shall not exceed ninety
percent (90�) of such documented costs.
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9. CERTIFICATION
The City shall provide to the State fourteen (14) days prior to the
construction contract 18t date, certification that all right-of-way has been
acquired (or will be acquired by a set future date), all environmental
problems have been remediated, and all conflictinq uti2ities have been
adjusted (or will be adjusted by a set future date) to clear the proposed
construction.
10. ENVIRONMENTAL MITIGATION
A. The City will be responsible for the mitigation and remediation of any
environmental problems associated with the development and construction of
the Project. These may involve, but not be limited to studies related to
the following:
1. public involvement
2. Environmental Impact Studies
3. Environmental Assessments
4. applicable environmental documents discussinq social, economic and
environmental impacts of the proposed project
S. noise analysis
6. air quality analysis
7. 4(f) lands such as public parks, recreational areas,
wildlife/waterfowl refuges
8. historical and archeological sites as requlated by the State
Historical Preservation Office and Texas Antiquities �Commission
9. wetlands, Jurisdictional Waters, and vegetation as requlated by
Texas Parks and Wildlife (TPWj
10. prime and unique farmlands as regulated by Soil Conservation Service
11. threatened or endangered species as requlated by TPW and U.S. Fish
and Wildli£e
12. erosion controZ .and applicable National Pollution Discharqe
Elimination System (NPDES)
13. applicable permits from U.S. Corps of Enqineers
B. In addition, the. City will be responsible for the assessment,
remediation and/or disposal of requlated materials encountered prior to and
during construction, which may include but not be limited to the followinq:
1. asbestos containinq materials as requlated in 40 Code of Federal
Requlations (CFR) 763
2. polychlorinated biphenols as regulated by 40 CFR 761
3. petroleum (i.e. gasoline and diesel) contamina�ed soils as requlated
by 31 Texas Administrative Code 334
4. Hazardous Waste as defined in 40 CFR 261
5. Class I and II waste as requlated by Texas National Resource
Conservation Commission
6. infectious or blood borne pathogen waste
7. radioactive waste
8. all Comprehensive Environmental Response and Comprehensive Liability
Acts as identified in 40 CFR 300-399
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The State will not let the consEruction contract until all known
environmental problems have been remediated by the City.
11. ENGINEERING RESPONSIBI�ITIES
A. The City will prepare or cause to be prepared the Project's preliminary
engineerinq necessary for,the development of the plans, specifications and
estimate (P.S.& E.). Development of the preliminary engineering shall
include an FHWA-approved schematic, an environmental assessment and
assistance to the State in conducting public hearinqs, as required.
B. The P.S.& E. shall be developed by the City or its consultant in
accordance with the latest edition and revisions of the State's Operations
and Procedures Manual, the State's Standard Soecifications for Construction,
of HiQhways. Streets and Bridaes, and The Texas Manual on Uniform Traffic,
Control Devices (TMUTCD). For all items not discussed in the above
documents, the American Association of State Hiqhway and Transportation
Officials' A Policv On Geometric Desi�n of Hiahwa�s and Streets shall be
referenced for guidance.
The City shall submit the completed P.S.& E. to the State for review and
approval. The State will not let a construction contract until the P.S.& E.
has been approved.
12. CONSTRUCTION RESPONSIBILITIES,
A. The State shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids and award a contract for construction of the
Project in accordance with existinq procedures and applicable laws.
B. Any field chanqes, supplemental agreements or additional work orders
which may become necessary subsequent to the award of the construction
contract shall be the responsibility of the City and subject to the approval
of the State.
C. The State will supervise and inspect all work performed by the
construction contractor and will provide such enqineering, inspection and
testing services as may be required to ensure that the construction of the
Project is accomplished in accordance with the approved P.S.& E. The City
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will be allowed to observe the construction work provided the observation
does not interfere with the work being performed by the State's contractor.
D. Upon completion o'f the Project, the State will issue to the City a
"Notification of Completion", acknowledqinq that the Project has been
completed.
13. MAINTENANCE RESPONSIBILITIES
Upon completion of the Project, the State will continue to assume
responsibility for maintenance of the completed highway facility.
14. FUNDING RESPONSIBILITIES
A. The State shall reimburse the City for riqht-of-way related costs, except
as outlined below, which have been incurred and are applicable to the cost
sharing arrangement established herein. The payments to the City for riqht-
of-way related services rendered will be made monthly based upon the City's
approved monthly proqress report and itemized and certified statements
(Texas Department of Transportation Form 132, or other invoice that is
acceptable to the State) detailed to show the names of employees, time
worked, actual work performed and actual rates. Monthly statements should
include supporting documentation as well as itemized invoices for authorized
non-salary expenses. Services rendered by the City or its consultant to
produce riqht-of-way maps and field notes are not subject to reimbursement.
B. The itemized and certified statements shall show the total amount earned
to the date of submission and the amount due and payable as of the date of
the current statement. Final payment of any money due should be made to the
City after satisfactory completion of all services and obliqations covered
in this contract, includinq acceptance of work by the State and completion
of final audit.
C. The oriqinal Form 132, or other invoice that is acceptable to the State,
with supportinq documentation, should be submitted directly to the District
office to expedite processinq. Upon receipt and approval of each statement,
the Department shall pay the amount which is due and payable within thirty
(30) days time.
D. Not less than thirty (30) days prior to the date set by the State for
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receipt of construction bids, the State will notify the City in writing to
make available fundinq required for construction of the Project. The City
shall remit a check •or warrant payab2e to the "Texas Department of
Transportation" in the amount specified by the State equal to fortyeight
percent {4g�) of the: total estimated construction cost including
construction enqineering and applicable indirect costs. The City
contribution is estimated to be $1,200,000. The State contribution is
estimated to be $1,300,000. Payment must be made within ten (10) days o£
receipt of the State's written notification. The City shall fund the costs
of any and all change orders or cost overruns at its' participatinq match
percentage set forth above. Payment for these change orders or cost overruns
must be made within thirty (30) days of receipt of the State's written
notification.
E. Due to the expedited processing of this construction contract to
accomodate the needs of the City, any funds expended by the State to
compensate the construction contractor for delays due to utility conflicts
or plans deficiencies or unavailability of right-of-way will be provided by
the City within thirty (30) days of written notice by the Sta'te.
F. The State wi1Z perform an audit of a1Z costs associated with the Project
upon completion. In the event additional fundinq is required from the City
at any time during the development of the Project, the City will provide the
funds within thirty (30) days from receipt of the State's written
notification. In the event any funds are due the City, the State will
promptly make arrangements to provide the funds to the City.
15. CONTROL AND OWNERSHIP �
The development, construction and maintenance of the Project will be an
integral part of the State Highway System and thus under the ownership,
control and jurisdiction oE the State. The State assumes full and complete
control as to the construction and operation of the Project. The State does
not purport to convey or assign any interest or right of ownership of the
completed highway facility to the City, its successors or assigns. The
Project may be modified, relocated, closed and/or removed at the State's
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sole discretion. The State will not be held responsible to the City for any
reimbursement of funds in the event the Project is modified, relocated,
closed and/or removed.'
16. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this aqreement, all documents prepared by
the City or furnished to the City by the State shall be delivered to and
become the property of the State. All data prepared under this agreement
shall be made available to the City without restriction or limitation on
their further use.
17. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the
obliqation as set forth herein.
(3) Upon completion of the terms of this agreement.
(4) By the State, in the event the State determines that the Project
is not in the best interest of the State.
B. The termination of this agreement shall extinquish all riqhts, duties,
obliqations and liabilities of the State and City under this agreement. If
the potential termination of this aqreement is due to the failure of the
City to fulfill its contractual obliqations as set forth herein, the State
will notify the City that possible breach of contract has occurred. The
City should make every effort to remedy the breach as outlined by the State
within a period mutually aqreed upon by both parties. In the event the City
does not remedy the breach to the satisfaction of the State, the State may
assume responsibility for the work and prosecute until completion. In such
case, the City shall continue to be liable to the State for the costs of the
work described herein and any additional costs occasioned by the State.
18. INDEMNIFICATION
The City acknowledges that it is not an aqent, servant, or employee of the
State, and that it is responsible for its own acts, forbearance, neqligence
and deeds, and for those of its aqents or employees in conjunction with the
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performance of work covered under this aqreement.
19. �1MENDMENTS
Any changes in the� time frame, character, agreement provisions or
obliqations of the parties hereto shall be enacted by written amendment
executed by both the City and the State.
20. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this aqreement shall for
any reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other
provisions hereof and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
21. NOTICES
Al1 notices to either party by the other required under this agreement shall
be delivered personally or sent by certified U.S. mail, postaqe prepaid,
addressed to such party at the following respective addresses:
State: Texas Department of Transportation
Attention: Director of Transportation
Planning and Development
9700 East R.L. Thornton Freeway
Dallas, TX 75228
City: The City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102
Al1 notices shall be deemed given on the date so delivered or so deposited
in the mail, unless otherwise provided herein. Either party hereto may
chanqe the above address by sending written notice of such chanqe to the
other in the manner provided herein.
22. SOLE AGREEMENT
This aqreement constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandinqs or written or oral agreements
respectinq the within subject matter.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
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By:
THE CITY OF FORT WORTH, TEXAS
Typed Name
►� s s �-. C ; � I� �-
Title�
��i�g6
' l�ate
ATTEST: G��'�� �'—GZ-LI/i����
�ity Secretary
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Contract Authorizatfon
f���W ,
Date
Approved as to form:
By:
Typed Name
Title
Date
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Stand Alone Manual
Notice 96-3, for the purpose and effect of activating and carrying out the
orders, established policies or work proqrams heretofore approved by the Texas
Transportation Commission.
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APPROVED AS i0 FORq AI�ID LEGALITY:
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Assistant City Attoi��e�
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�OnL OENTON I 353 02
., Resolution No, �'� =�Ya� ,;�; �-�- ,r
. �' �'�'?�u:POaTATION i
RESOLUTI021 ACCEPTIIIG THE PROVISIONS OF ^'8 I
TEXAS TF2ANSPORTATION COMHISSION HINIITE ORDER ��Ia. Y 2 9 1996 �
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THE STATE OF TEXAS
COUNTY OF Tarrant
� Fort Worth
� May 21
, Texas
, 19 96
MOTION was made by
Jewel Woods ��
0
Jim Lane and seconded by
that the Fort Worth City Council
accept the provisions contained in Minute Order 106744 • passed
*�
by the Texas Transportation Commission on February 29 , 1.9 96
for the improvement by the Texas Department of Transportation of
the project described below:
SH 114: From 0.5 mile east of IH 35W
To 1.1 miles west of IH 35W
Vote on the motion was as follows:
FOR: Lane, Silcox, Haskin, McCray, Woods, Meadows, Webber, & Barr
OPPOSED: None
WHEREUPON the motion was declared Approved
THE STATE OF TEXAS }
COUNTY OF Tarrant y
I hereby certify that the foregoing is a true and correct copy
of the Order passed by the Fort Worth Ci ty Counci 1
on t4ay 21 , 19 96
APPROVED
CITY COUNCfL
t�AY 21 �sss
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TEXAS TRANSPORTATION COhII�IISSI.,.�f
DGNTON County MINUTE ORDER Page 1 of 2
District DALLAS
WHEREAS, in DENTON COUNTY� on STATE HIGHWAY 114, from 0.5 mile east of
INTERSTATE HIGHWAY 35W to 1.1 miles west of INTERSTATE HIGHWAY 35W, a distance of
approximately 1.6 miles, a project to reconstruct the existing mainlanes on State Highway 114 and to
constzuct a turnaround under Interstate Highway 35W is being proposed; and
WFiEREAS, the subject project will help alleviate heavy race-day traffic volumes around the
Tcxas Motor Spcxdway;
NOW, THEREFORE, IT IS ORDERED that the executive director is hereby directed to
tender the following proposal to the City of Fort Worth (the ciry):
Provided the city will:
1.Provide ten percent of the cost of all non-donated right of way, clear of obstruction and free
of cost to the State, with acquisition procedures to be in accordance with the policies of�the
Texas Department of Transportation
(the departmcnt) and with applicable Federal and State laws goveming the acquisition
policics for acquiring real property.
2.Provide the environmental clearance, schematics, right of way maps, field notes, plans,
specifications and estYmates, in accordance with policies and procedures of thc depar�nent
and subject to approval of the department and the Federal Highway Administration.
3.Provide $1,200,000 in consfruction cosjs for the reconstruction of mainlanes of State
Highway 114. �
The department will:
1.Provide ninery perceat of the cost of all non-doaated right of way, clear of obstructions
with acquisition procedures to be in accordance with policies of the department and with
applicable Federal and State la�vs goveming the acquisition policies for acquiring real
property.
2.Provide one hundred percent of the cost of eligible utility adjuslments as may be required in
accordance with policies of ttie depamnent ;
3.Provide $1,300,000 in coastruction costs for the reconstruction of mainlanes of State
Highway 114 and the coastruction of a turnaround under Interstate
Highway 35W. �
4.Review the construction plans, Iet the project to cont�-�
projcct. ' � - - -. __,�
WHEREAS, this action is consistcnttiuith.thc �995-,199
design, and manage highway projects; . �� "-._
inspect the construction of
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trateg3��to pl�n, )
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EXHIBIT C
�'EXAS TRANSPORTATTON COi�IIKISSl.... .
DENTCN County
lYIINVTE ORDER
Page2of2
District DALLAS
IT IS FURTHER ORDERED that upon acceptance of provisions of this Order by the city, the
executive director is hereby authorized to proceed in the most feasible and economic manner with
project development to include any necessary agreements, right of way acquisitioq utility
adjustments, relocation assistance and construction, at an estimated cost of $1,300,000 to be
programmed in Priority 1 of the Strategic Priority Program of the 1996 Project Development Plan.
lfiis order shall become operative upon acceptance by the city; and if not accepted within 90
days of the date hereof, the action herein contained shall be automatically canceled.
Submitted by:
Director, Transportation Planning and
Prograrruning Division
Reviewed by:
Deputy EYecutive Duector for
Transportation Planning and Development
Recommended by:
Executive Duector
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106744
Minutc Number
Date Passed FEB 29 96
I, Jennifer D. Soldano, Director, Contract Services Office , do hereby certify that the attached is
a true and correct copy of A�reement for Highway Improvements at the Intersection of I.H.
35W and S.H. 114 Near Texas Motor Speedwav , as the same appears in the records of the Texas
Department of Transportation, and that I am the Official Custodian of same.
, ��/�-�>..._
er D. Soldano
` irector, Contract Services Office
Texas Department of Transportation
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� Cit� o,�'Fort �or�t�i, Teacas
�Vla�or �cnc� �G'o�cnc�� Com�t��tic�ct�o�
DATE , REFFsRENCS LOG `NAME PAGE
NUMBER
07/30/96 �C-15�87 �OSH 114 1 .of 1
SUBJECT APPROV�L OF AGREE�VIENT WITH T�cDOT FOR C�ONSTRI�C�'�ION ALONG �.H. 11 �
NEAR I.H. 35W AND TE�CAS MOTOR SPEEDW�Y
�RECOMMENDATION:
it is recomrnended that the C�ity Council approve and authorize the �City Manager tm e�cecwte the
attached agreement uvith the Texas Department of Transportation for the reconstruction of �.H.
� 14 near the Texas Motor Speedway, from 0.5 miles east of I.H. 35W to 1. ' es west of I.H.
35W, in Denton �C�unt�r, subject to receipt of the full amount of the loca1 �'exas Motor
Speedway, Inc., (no cost to tfie City of Fort Worth).
DISCUSSION:
The Texas Department of Transportation is proposing to �
S.H. 114 near the Texas Motor Speedway and to const
Denton County. This agreement is consistent with Resolutio
May 21', 1996. The City will be responsible for providing en
clearances, acquiring right-of-way, and funding S 1,�00,000 of
provide engineering review, supervise construction, $1,'300,(
reimburse the City 90% of the cost of right-of-way.
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Execution of this agreement, is contingent upon Texas Motor Speedway, Inc., guaranteeing to
provide the local share to the City. In addition, the Speedway will donate all needed right-of-way
which it currently owns, and cover all other costs which the agreement with TxDOT assigns to
the City, including all costs that might arise due to delays of construction associated with plan
deficiencies, lack ofi necessary right-of-way or conflicts with utilities.
FISCAL INFORMATION/CER�'IFIC��ION:
No City funds will be exper�ded for this minute order.
M�:b
Submitted �for City Manager's FUND � ACCOUN'T � CENTER � �1MOUNT
Of�ce by: � (to) '
Mike Groomer 6140 ��� ,
Originating Department Iieail: �
Hugo A. Malanga
r'or �ldditional lnformation
Contact:
Hugo A. �vlalanga
.. _ . . _ . . ..
7800 (from)
7800
C1TY S�CRETARY
APPROVED
CITY COUNCIL
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,(�r,gees�ry of C{to `
' � �''3t'�Ot Fott �'r.�rtt,,'[��cn�
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City of Fort Worth, Texa.s
Mayor und Council Communication
DATS REFTRENCFs LOG NAME PAGE
�$R C-15477
05/21 /96 20-2MIN I 1 of 2
SUBJECT I APPROVAL OF TxDOT MINUTE ORDER RELATED TO CONSTRUCTION OF S.H. 114
AT I.H. 35W NEAR TEXAS MOTOR SPEEDWAY
RECOMMENDATION:
It is recommended that the City Council:
(1) Approve the attached agreement with Texas Motor Speedways, Inc., providing for the full
cost of Texas Transportation Commission Minute Order No. 106744 to be borne by Texas
Motor Speedways, Inc., and
(2) Approve the attached resolution accepting the provisions of Texas Transportation
Commission Minute Order No. 106744 providing for the reconstruction of S.H. 1 14 near
the Texas Motor Speedway, specifically: from 0.5 miles east of I.H. 35W to 1.1 miles west
of I.H. 35W, in Denton County, to be fully funded by the Texas Motor Speedway, Inc.,
with no cost to the City of Fort Worth.
DISCUSSION:
The Texas Department of Transportation is proposing to reconstruct the existing main lanes on
S.H. 1 14 near the Texas Motor Speedway, specifically: from 0.5 miles east of I.H. 35W to 1.1
miles west of I.H. 35W, and to construct a turnaround under I.H. 35W. This project is located
in Denton County.
TxDOT has submitted a minute order providing for this construction. Under its terms, the City
would be responsible for providing the design and paying ten percent of the cost of non-donated
right-of-way and all costs for design and environmental clearance, and funding S 1.2 million of
the construction cost. The State will provide ninety percent of the cost of non-donated right-of-
way, fund all utility adjustments, and provide $1.3 million for roadway construction.
On April 30, 1996 (M&C C-15420), the City Council conditionally approved a Master Agreement
with Speedway Motorsports, Inc., and the Fort Worth Sports Authority, Inc., providing for
commitments of both the Speedway and the City with regard to this project. The Master
Agreement reflects the deletion of Denton County as a party.
Texas Motor Speedways, Inc., has proposed an agreement by which the Speedway will donate
all of the right-of-way which it currently owns and cover all costs which the Minute Order
allocates to the City. The City's sole responsibilities under this agreement will be (1) to enter
into the necessary agreements with TxDOT to secure the right-of-way or the reimbursement for
the right-of-way and (2) to provide the resources for the Speedway's acquisition of right-of-way
which it will donate, including the use of condemnation if necessary. The City will therefore
have no financial obligation for this minute order.
� Printed on Recyded Paper
City of Fort Worth, Texas
Mayor a�d Council Communication
, .
DATE , � REFERF3NCE LOG NAMF PAGE •
�fiR ` C-15477"'
05/21 /96 20-2MIN 2 of 2
SUBJECT APPROVAL OF TxDOT MINUTE ORDER RE�ATED TO CONSTRUCTION OF S.H. 114 �
AT I.H. 35W NEAR TEXAS MOTOR SPEEDWAY
FISCAL INFORMATION/CERTIFICATION:
No City funds will be expended for this minute order.
MG:a
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Submitted for City Manager's
Office by:.
Mike Groomer + 6140
Originating Department Head:
FUND � ACCOUNT � CENTER � AMOUNT
(to)
Hugo A. Malanga 7800 (from)
Nor Additional lnformation
Contact:
Hugo A. Malanga 7800
� Printed on Rec.yded' Paper
I
I
I
I
Adopted Resofution I��� _%`�
CITY SECR�TARY
APPROVED
CITY COE�NCIL
��AY �11996
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City Secre�ry oi !h�
c�ty ot Fo=t wa�tn, rozaa