HomeMy WebLinkAboutContract 50772 -
^ �. CITY SECRETARY
CONTRACT NO.
INTERLOCAL AGREEMENT
BETWEEN THE TRINITY RIVER AUTHORITY OF TEXAS
AND THE CITY OF FORT WORTH, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is by and between the TRINITY RIVER AUTHORITY OF TEXAS,
with its principal office at 5300 South Collins Street, Arlington, Tarrant County, Texas 76018, a
conservation and reclamation district operating pursuant to special and general law
(AUTHORITY), and the CITY OF FORT WORTH, TEXAS, a home-rule municipal corporation,
with its principal office at 200 Texas Street, City Hall, Fort Worth, Tarrant County, Texas 76102
(CITY).
WITNESSETH:
WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation
Agreements between and among governmental entities pursuant to the Interlocal Cooperation
Act, Chapter 791 of the Texas Government Code, as amended; and
WHEREAS, the AUTHORITY owns and operates the Walker-Calloway Branch Outfall
Trunk Sewer System, a 4.7 mile wastewater pipeline that transports wastewater from the cities of
Hurst and North Richland Hills to a major outfall trunk terminating at the CITY's Village Creek
Wastewater Treatment Plant; and
WHEREAS, a Condition and Capacity Assessment Report dated November 2013 and
January 2015 prepared for the AUTHORITY identified that segments of the Walker-Calloway
System are in need of improvement in order to convey current and future wastewater flows; and
WHEREAS, in 2015, the AUTHORITY initiated preliminary design work to evaluate options
for the replace ment/rehabiIitation of the Walker-Calloway System; and
WHEREAS, preliminary design has identified a preferred pipeline alignment that includes
placing a portion of a new pipeline inside the CITY'S street right-of-way; and
WHEREAS, the AUTHORITY plans to install a 36-Inch pipeline (SEWER LINE) within
Riverlakes Drive, located within the CITY; and
WHEREAS,the AUTHORITY and CITY desire to enter into this AGREEMENT, under which
the AUTHORITY will construct or cause construction of that portion of the new Walker-Calloway
pipeline by open cut, which necessitates a partial reconstruction of Riverlakes Drive and vertical
adjustments to several water lines; and
WHEREAS, the CITY desires that AUTHORITY pay certain fees for construction inspection
services for the reconstruction of Riverlakes Drive; and
WHEREAS, the AUTHORITY has agreed to pay for inspection Gt' osts
OFFICIAL RECORD
TRA-CFW STREET RECONSTRUCTION ILA—WalkerCalIowa y Sewer CITY SECRETARVe 1 of 6
FT.WORTH,TX
for the reconstruction of Riverlakes Drive after the SEWER LINE is installed, which fees are
estimated at $18,138.00 as shown on Attachment A attached hereto and incorporated herein; and
WHEREAS, this AGREEMENT is necessary for the benefit of the public and each party has
the legal authority to provide the governmental functions which are the subject of this AGREEMENT;
NOW THEREFORE, in consideration of the above recitals, the premises and agreements,
covenants and promises herein set forth, it is agreed as follows:
Section 1. DEFINITION OF TERMS. Terms and expressions as used in this
AGREEMENT, unless the context shows otherwise, shall have the following meanings:
A. "CONSTRUCTION" means any one or more of the following:
(1) Construction administration, engineering, environmental, geotechnical,
architectural, legal, title, surveys, construction schedules, plans, work
drawings, specifications, submittals, or other necessary actions, including
administrative overhead;
(2) Erecting, installing, building, or acquiring the SEWER LINE improvements,
other appurtenances, or other affected improvements such as other
utilities; and
(3) The construction management and inspection or supervision of any items
listed above.
B. "SEWER LINE" more specifically means the construction of approximately 650
linear feet of 36-inch gravity sewer pipeline that will traverse Riverlakes Drive
between Trinity Vista Trail and Trinity Boulevard as depicted on Attachment B.
C. "STREETS" more specifically means the reconstruction of 650 linear feet of
Riverlakes Drive per CITY standards, shown in Attachment B.
D. "Inspection and Materials Testing Fees" means those certain fees paid to the CITY
as per the fee schedule, Attachment A.
Section 2. SCOPE. The CITY will, or will cause the inspection and materials testing of
the reconstruction of the STREETS after Construction of the SEWER LINE has been completed.
Section 3. OBLIGATIONS OF THE AUTHORITY AND CITY
A. The AUTHORITY is responsible for the installation of the SEWER LINE;
B. The AUTHORITY is responsible for reconstruction of the STREETS including
appropriate backfill materials and compaction around and above the SEWER LINE
as per CITY specifications in order to support the STREETS;
C. The CITY will provide the inspection and materials testing services working in
conjunction with the AUTHORITY or its contractor;
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D. The AUTHORITY shall pay the CITY the amount of $18,138.00 for the inspection
and materials testing services in advance of the SEWER LINE's construction;
E. The AUTHORITY shall provide to CITY the contractor's proof of insurance prior to
construction of the SEWER LINE and reconstruction of the STREETS. CITY shall
be provided a copy of the contractor's payment and performance bond naming
AUTHORITY as obligee, as well as a two year maintenance bond for the work
associated with the STREETS naming the CITY as the obligee;
F. The AUTHORITY shall invite the CITY to all pre-construction conferences and
construction progress meetings to review construction progress and schedules;
G. The AUTHORITY shall inform the CITY of any changes to the construction plans
and specifications furnished by the AUTHORITY for the SEWER LINE;
H. The CITY shall provide for inspection during final construction of the SEWER LINE
to ensure a solid base for the STREETS. The AUTHORITY may perform its own
inspections during construction of the SEWER LINE or STREETS and provide
input to the CITY as necessary. The AUTHORITY shall inform the CITY of the
name of the individual responsible for inspection on behalf of the AUTHORITY.
Should CITY's inspection reveal construction not in accordance with approved
plans and specifications for the STREETS, as may be amended by addendum or
change order, the CITY will immediately notify the AUTHORITY in writing, and the
AUTHORITY will take proper action to remedy the discrepancy, all subject to the
CITY's approval, said approval not to be unreasonably withheld. Inspection of the
SEWER LINE by the AUTHORITY shall in no way relieve the CITY of its
responsibility to inspect the STREETS. The AUTHORITY shall advise the CITY's
representative identified herein at least 72 hours in advance of AUTHORITY's
intention to commence construction of the SEWER LINE;
I. The CITY, the AUTHORITY and the AUTHORITY'S design engineer will conduct
a final review of the STREETS for conformance with the design and compliance
with the construction contract documents. The CITY's engineer or inspector will
prepare a list of deficiencies to be corrected by the contractor before
recommendation of final payment;
J. The AUTHORITY shall provide the CITY one set of as-built drawings in full size
(22- x 34-inch) drawings and electronic copy, within 30 days of completion of the
SEWER LINE;
K. Upon completion and acceptance of the SEWER LINE by the AUTHORITY, the
AUTHORITY shall be responsible for maintenance and operation of the SEWER
LINE.
L. Upon completion and acceptance of the STREETS by the CITY, the CITY shall be
responsible for operation of the STREETS and CITY will assume maintenance
obligations after the expiration of the Maintenance Bond.
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M. Total compensation paid by AUTHORITY to CITY pursuant to this AGREEMENT
may not exceed $75,000, absent subsequent approval of the AUTHORITY'S
Board of Directors.
Section 4. TERM OF AGREEMENT, NOTICES.
A. TERM OF AGREEMENT. This AGREEMENT shall be effective upon full
execution hereof, as indicated by the dates subscribed by the signatories, and shall
continue in force and effect until the STREETS are finally accepted by the CITY;
B. NOTICES. All notices or communications provided for herein shall be delivered to
AUTHORITY and CITY or, if mailed, shall be sent to AUTHORITY and CITY at
their respective addresses. Electronic transmissions are acceptable with
confirmation of receipt. For the purposes of notice, the addresses of the parties,
until changed by written notice, shall be as follows:
AUTHORITY:
Trinity River Authority of Texas
P.O. Box 240
Arlington, Texas 76004-0240
Attention: Ms. Fiona M. Allen, P.E.
Northern Region Manager
CITY:
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Mr. Keith Ghanma, P.E.
Senior Professional Engineer, Transportation and Public Works
Department
Section 5. ASSIGNMENT. Any assignment of rights or delegation of duties under this
AGREEMENT is void without the prior written consent of the parties, said approval not to be
unreasonably withheld.
Section 6. IMMUNITY. It is expressly understood and agreed that, in the execution of this
AGREEMENT, no party waives, nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising in the exercise of governmental
powers and functions.
Section 7. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full
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force and effect and shall in no way be affected, impaired or invalidated.
Section 8. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms
or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the
State of Texas.
Section 9. PLACE OF PERFORMANCE, VENUE. All amounts due under this
AGREEMENT, shall be paid in Tarrant County, Texas, said Tarrant County, Texas, being the
place of performance as agreed to by the parties to this AGREEMENT. In the event that any legal
proceeding is brought to enforce this AGREEMENT or any provision hereof, the same shall be
brought in Tarrant County, Texas.
Section 10. ENTIRE AGREEMENT. This AGREEMENT contains all the terms,
commitments and covenants of the parties pursuant to this AGREEMENT. Any verbal or written
commitment not contained in this AGREEMENT or expressly referred to in this AGREEMENT
and incorporated by reference shall have no force or effect.
Section 11. CURRENT REVENUES. The parties hereto shall make payments called for
hereunder only from current revenues legally available to each party.
REMAINDER OF PAGE INTENTIONALLY BLANK
SIGNATURES AND ATTACHMENTS FOLLOW
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Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Keith Ghanma
Sr. Professional Engineer
IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies
have caused this AGREEMENT to be duly executed in several counterparts, each of which is
deemed to be an original, to be effective as of the last date subscribed by a signatory, below.
CITY OF FORT WORTH TRINITY RIVER AUTHORITY OF TEXAS
By: By:
S san Janis EV(N WARD
A nt City Manager .:enera_�l//Manager
Date: h (� Date: 7�3/�Y-
ATTEST: ATTEST:
By: By. '
Mary J. Kayser hOMRD S. SLOBO —IN
AIT- City Secretary F®�T ecretary, Board of Directors
F
(CITY'S SEAL) ���' ® (AUTHORITY'S SEAL)
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APPROVED AS TO FORM M&C �A
R20OL—, Date:
Douglas W Black
Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRET'AR'Y
W011111T"I TX
TRA-CF0J STREET RECONSTRUCTION ILA—VVa*er-Calloway Sewe- Page 6 of 6
ATTACHMENT A
TRINITY RIVER AUTHORITY OF TEXAS
WALKER-CALLOWAY BRANCH OUTFALL TRUNK SEWER SYSTEM-PHASE I IMPROVEMENTS
CITY OF FORT WORTH INSPECTION AND MATERIAL TESTING FEES
TOTAL
ITEM UNIT TOTAL TOTAL ESTIMATED
NO. DESCRIPTION UNIT PRICE PLAN QTY. BID QTY. COST($)
1 Manhole Decommission(Paved) EA $5,00000 2 2 $ 10,000.00
2 Temporary Trench Repair LF $50.00 616 620 $ 31 000.00
3 Flexible Base Course for Temporary Trench Repair SY $20.00 309 325 $ 6,500.00
4 Concrete Encasement CY $150.00 33 50 $ 7,500.00
5 Concrete Pavement Removal SY $15.00 1,472 1,500 $ 22,500.00
6 6"Concrete Pavement Replacement SY $130.00 1,472 1,500 $ 195,000.00
7 Remove Concrete Sidewalk SF $5.00 120 $ 600.00
8 Install Concrete Sidewalk SF $10.00 120 $ 1,20000
9 Remove ADA ramp EA $1,00000 1 1 $ 1,000.00
10 Install ADA ramp EA $3,000.00 1 1 $ 3,00000
11 Remove Curb and Gutter LF $10.00 30 50 $ 50000
12 Install Curb and Gutter LF $30.00 30 50 $ 1,500.00
13 Waterlme Adjustment EA $2,000.00 4 $ 8,000.00
14 Manhole Adjustment,Major w/Cover EA $4,000.00 1 1 $ 4,000.00
15 Traffic Control Plan LS $10,000.00 1 1 $ 10,000.00
TOTAL ESTIMATED CONSTRUCTION COST $ 302,300.00
INSPECTION FEE(4%) $ 12,092.00
MATERIAL TESTING FEE(V%) $ 6,046.00
TOTAL FEES $ 18,138.00
TRA Walker-Calloway CoFW ILA Attachment A.xls 1/22/2018
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3 NOTES. ars 1 T
1. CFW INSPECTION SPECIFIC REQUIREMENTS SHALL BE 4. ALL REPAIRS1 EPLACEMENTS FOR
DISCUS SED IN A MANDATORY PRECONSTRUCTIONROADWAYRRAMPSICURBS(DRIVEWAYS SHALL CONFORM
MEETINGTOBE SLHEDULEDBYTHECHYOFFORT TOTHERELATEDCITYOFFORTWORTHDETAILSAND ALLPAVEMENTWORRSHOWN
WORTH NO WORK IN AREAS REQUIRING CFW SPECIFICATIONS. LEGEND.
INSPECTION SHALL BEGIN UNTIL SAID
ON THIS SHEET REQUIRES CFW
PRE-CONSTRUCTION MEETING HAS BEEN HELD. B CONTRACTOR SHALL REPLACE COMPLETE PANELS FOR INSPECTION - oxaaseosrxLei x[N.ac�v[x1 F
8 ALL PAVEMENT DAMAGED DURING CONSTRUCTION
T. CONTRACTOR SHALL ALLOW TRAFFIC TO ENTER AND UNLESS OTHER WISE NOTED ON THE PLANS(SEE BHT Fwveeonon rt.wreo.mvew+�xxex.eaaexr
LEAVE BOWSPIRIT LANE TO THE EAST OF RIVERLAKES 16 FOR PANEL DETAIL) '
DR.AT ALL TIMES.BOWSPIRIT LANE HAS NO OUTLET.
6. CONTRACTOR SHALL BAWLUT?'FROM THE BACK OF
3. CONTRACTOR SHALL COORDINATE WITH THE CURB IN ORDER TO PRESERVE CURBS AND
HOMEOWNERS TO ALLOW ACCESS TO DRIVEWAYS URINEWAYS WHERE APPLICABLE.
d DURING CONSTRUCTION.
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f1 Pnw.. TTroT PAVEMENT REPLACEMENT PLAN
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