HomeMy WebLinkAboutContract 47454 ILA 058
CITY SECRETAW111qSq
a 1 INTERLOCAL AGREEMENT coWRAcT No.
FOR THE
ENGINEERING SERVICES FOR LIVE OAK CONNECTOR REALIGNMENT
BETWEEN THE CITY OF FORT WORTH
AND THE FORT WORTH TRANSPORTATION AUTHORITY
This Interlocal Agreement (this "Agreement") is between The City of Fort Worth,
Texas, a Texas municipal corporation (the "City"), and the Fort Worth Transportation
Authority, a regional transportation authority under Chapter 452, Texas Transportation
Code ("The T"). The City and The T are sometimes collectively referred to as the
"Parties," and individually as a "Party"; and
WHEREAS, in order to provide reliable access to and from the Rock Island
neighborhood, the City intends to redirect Live Oak Street and to make such other related
improvements collectively known as the "Live Oak Connector," and the City has
prepared plans, specifications, and estimates (the "Live Oak Connector PS&E") to
accomplish that work; and
WHEREAS, The T has developed plans for a commuter rail project known as "TEX
Rail," to be constructed, operated, and maintained over an approximately 27-mile rail
line between the T&P Terminal Station in Fort Worth, Texas, and Dallas/Fort Worth
International Airport; and
WHEREAS, the City and The T have determined that conflicts exist between the
Live Oak Connector PS&E and the location of certain planned TEX Rail facilities, and the
Parties desire for the Live Oak Connector to be realigned to eliminate those conflicts, such
that (1) the Live Oak Connector PS&E be modified to eliminate all conflicts with TEX Rail
and (2) additional right of way be acquired by the City to accommodate the realigned Live
Oak Connector (such design and right-of-way acquisition work being collectively described
as the "Live Oak Connector Realignment Work"), with certain resulting costs borne
by The T; and
WHEREAS, the City shall procure the services of a consulting engineer (whether
one or more) (the "Engineer") to assist with the performance of the City's duties
described above; and
WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the
Texas Government Code (the "Act") provides legal authority for the Parties to enter into
this Agreement; and
WHEREAS, the Parties will accomplish the performance and payment for the
governmental functions under this Agreement from current revenues legally available to
each Party; and
WHEREAS, the Fort Worth City Council and the Board of Directors for The T each
has made the following findings:
(a) This Agreement is to provide a governmental function or service that each
Party is authorized to perform individually, and it serves the common
interests of the Parties;
(b) This Agreement fully states the purpose, terms, rights, and duties of the
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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ILA 058
Parties, and will benefit the public;
(c) The cost and responsibilities fairly compensate the Parties; and
(d) The Parties have taken all actions and fully complied with all applicable
law to authorize this Agreement and each of their representatives listed
below is fully authorized to sign this Agreement and bind the respective
Party.
NOW, THEREFORE, The T and the City agree as follows;
TERMS AND CONDITIONS
1. THE T'S RESPONSIBILITIES
(a) The T will provide funding to the City equal to the actual cost of the Live
Oak Connector Realignment Work in an amount estimated not to exceed
$120,000.00 for both (i) the Engineer's design services required to revise
and complete the Live Oak Connector PS&E to accomplish the realignment
of the Live Oak Connector from Belknap Street to 2nd Street and (ii) the
right-of-way acquisition costs incurred by the City, including its Engineer,
to obtain the additional right of way required for the realignment. The T
will prepare the Parcel Exhibits for Parcels 6, 8 and 20 to include the
additional square footage of acquisition required due to the realignment.
(b) The T's obligations under this Agreement are strictly ones of
reimbursement only, and only with respect to The T's payment to the City
of the $120,000.00 estimated amount. The T's review rights under Section
2.(c) or any other provision of this Agreement notwithstanding, the City
shall be solely responsible for the quality, compliance with laws and codes,
suitability, and other features of the Live Oak Connector PS&E, the Live
Oak Connector Realignment Work, and any construction or other work
performed by or for the City pursuant thereto.
2. THE CITY'S RESPONSIBILITIES
(a) The City will provide changes to the Live Oak Connector PS&E to realign
the Live Oak Connector to eliminate conflicts with The T's proposed TEX
Rail facilities, all in accordance with ATTACHMENT A - SCOPE OF
SF-RVICES, attached hereto and made a part hereof. It is anticipated that
the Live Oak Connector alignment will be shifted approximately 20 feet to
the west near 1st Street based on changes required by the TEX Rail
project.
(b) If after execution of this Agreement, or at any time during the performance
of the Live Oak Connector Realignment Work, the City determines that
work will exceed the $120,000.00 estimated amount by 10% or more, the
City shall notify The T in writing of the event(s) or circumstances giving
rise to the additional cost, and must obtain written approval from The T for
the increased amount before performing, or authorizing the performance
of, any additional work.
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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ILA 058
(c) The City will provide oversight and management of the design process for
the Live Oak Connector Realignment Work, ensuring that the PS&E
complies with all applicable laws, codes, and standards. The City will use
all reasonable efforts to keep The T apprised of the status of all design and
right-of-way acquisition work being advanced for the Live Oak Connector,
including The T in status meetings, responding to The T's comments and
inquiries, and permitting The T to inspect ongoing work. The City will
forward to The T (i) the professional liability insurance certificates for all
engineers and engineer contractors engaged by the City in the PS&E of the
Live Oak Connector, indicating that The T is an "additional insured," and
(ii) all plan changes, plan submittal dates, and final design for review and
approval of the realignment. The T's performance of the foregoing review
and approval (A) must be exercised by The T in a manner that does not
unreasonably delay or increase the cost of the Live Oak Connector and (B)
shall not impair Section 1.(b) or the City's responsibilities under this
Agreement.
(d) In accordance with ATTACHMENT A - SCOPE OF SERVICES, the City will
provide project management/project administration, revised schematic
design, revised PS&E including waterline PS&E based on TEX Rail sanitary
sewer realignment and right-of-way documentation.
(e) The City will provide The T with electronic files regarding the real estate
survey information that has been completed to date and the final real
estate acquisition take lines for Parcels 6, 8 and 20.
3. PROCEDURES DURING PROJECT
(a) If a Party has a complaint regarding any matter covered by this
Agreement, that Party must present that complaint, in writing and
accompanied by reasonable supporting documentation, to the other Party
within a reasonable period of time after it becomes aware of the basis for
the complaint, but in no event later than 30 days after the date of
completion of the Live Oak Connector.
(b) Throughout the term of this Agreement, the City, no more frequently than
monthly, shall submit invoices for deliverables completed and accepted to
the TEX Rail Chief Engineer at 1600 E. Lancaster, Fort Worth, TX 76102.
The invoice submittals shall (i) be consistent with ATTACHMENT B - FEE
SCHEDULE, attached hereto and made a part hereof, and (ii) include line
item number, item description, quantity, units, unit price, total line item
amount and this Interlocal Agreement (The T's No. ILA 058), together with
reasonable supporting documentation, including all third-party invoices and
closing statements.
(c) Each Party will be responsible, at its sole expense, for providing all
required staff review, project management, quality control, and other
services by its own forces, and neither Party is responsible for any of the
other Party's salary, benefits, or other internal costs or overhead and,
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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ILA 058
without limiting the foregoing, those amounts are not to be paid with the
$120,000.00 estimated amount.
4. IMMUNITY
The Parties do not waive any rights or defenses by entering into this Agreement that may
be asserted by them and/or their officials, including the defense of governmental
immunity, official immunity or qualified immunity.
5. TERM OF AGREEMENT AND TERMINATION
This Agreement will automatically terminate upon the full satisfaction of the Parties'
obligations hereunder. The intent of the Parties is that the City begin and complete the
Live Oak Connector realignment engineering services in accordance with ATTACHMENT
A - SCOPE OF SERVICE, on or before April 30, 2016.
6. NO THIRD-PARTY BENEFICIARIES
This Agreement is entered into for the sole benefit of the Parties, and nothing in this
Agreement or action subsequently taken hereunder shall be construed as giving any
benefits, rights, remedies, or claims to any other entity, including, without limitation, the
public in general.
7. NO PARTNERSHIP, JOINT VENTURE, AGENCY, ETC.
This Agreement does not create a partnership, joint venture, principal/agent
relationship, or joint enterprise between the Parties. This Agreement does not appoint
either Party as agent for the other Party.
8. SUCCESSORS; COMPLETE AGREEMENT; WRITTEN AMENDMENTS
This Agreement shall bind, and shall be for the sole and exclusive benefit of, the
Parties and their legal successors. This Agreement constitutes the entire agreement
between the Parties with respect to the Project. There are no representations,
understandings or agreements relative hereto which are not fully expressed in this
Agreement. Any change in the terms and/or responsibilities of the Parties must be
enacted through a written amendment, executed by the Parties.
9. NOTICES.
Any notice or other communication required or allowed to be given by a Party to the
other pursuant to this Agreement shall be deemed properly delivered when personally
delivered to a Party at its address as shown below, to the individual in charge of the
Party's operations at such address, or, if delivered by mail or electronic mail, any such
notice shall be deemed properly delivered on the date it is placed in the custody of the
United States Postal Service, proper postage affixed, or, if delivered by email, to the
appropriate email address of the parties shown below with an email delivered
notification confirmation received by the sender:
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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ILA 058
To City: Roy Teal, PE
Senior Professional Engineer
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102
817-392-7958
Roy.Te,al@fortworthtexas.gov
Copy To: City Attorney
City of Fort Worth
1000 Throckmorton St.
Fort Worth, Texas 76102
To The T: Richey Thompson, PE
TEX Rail Chief Engineer
Fort Worth Transportation Authority
1600 East Lancaster Avenue
Fort Worth, Texas 76102-6720
(817)215-8629
rthompson@thethe-t.com
Copy To: Sherry Johnson, MPA
Contract Administrator
Fort Worth Transportation Authority
1600 East Lancaster Avenue
Fort Worth, Texas 76102-6720
(817) 215- 8752
sjohnson@the-t.com
BALANCE OF THE PAGE INTENTIONALLY LEFT BLANK
SIGNATURES AND EXHIBITS TO FOLLOW
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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ILA 058
This Agreement becomes effective when signed and dated by the last Party whose signing
makes the Agreement fully executed.
THE CITY OF FORT WORTH, FORT WORTH
TEXAS TRANSPORTATION
AUTHORITY
Jesus J. Chapa au . B&bard
Assistant City Manager President & Chief Executive
Officer
Date: Date: /9- 1 ®//0
Recommended Bv:
Dou 1a0w. Wiersi P.E.
Director, Transportation /ndPublic
Works Department
Approved as to Form and Legality:
�5K
Douglas W. Black
Sr. Assistant City Attorney
M&C: C-
Date: !L
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VV pfv% t it r 04fw - 6"0*4 -C-sl j
Attest:
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City ecretary000000
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Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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ATTACHMENT A
SCOPE OF SERVICES
Amendment Objective:
To provide changes to plans,specifications, and estimates(PS&E)to shift the Live Oak Connector
alignment approximately 20 feet to the west near 1"Street based on changes requested by the TEX Rail
project.The changes impact the alignment from Belknap Street to 2"d Street.
Below is the scope of services for Amendment 2:
• Project management/project administration—Provide additional project management and
project administration services for completion of changes due to TEX Rail realignment.
• Schematic design changes—Prepare changes to the Live Oak Connector schematic drawing to
identify differences in plan,profile,and right-of-way(ROW)requirements to the current design.
This shall include the following tasks:
o Horizontal and vertical geometry design of Live Oak Connector and side streets
o Preliminary cross sections to identify potential design challenges
o Identification of ROW changes in plan
o Preparation of schematic drawing to show changes from current design and proposed
alignment shift
The schematic drawing shall be submitted to the City via PDF for review and comment.
Submissions to TxDOT and TEX Rail shall be sent by the City to those agencies.
PS&E design changes—Prepare changes to the current PS&E package based on the revised
schematic drawing.Submissions shall be made at the 90%and 100%design level and shall be
submitted to the City of Fort Worth with the City submitting to TxDOT and TEX Rail for review;
once comments are received from all parties,comments shall be handled after each submission
with responses in Excel spreadsheet format.Submissions of the 90%and 100%PS&E packages
shall be in PDF format and submitted to the City.Submissions to TxDOT and TEX Rail shall be
sent by the City to those agencies.This shall include the following PS&E changes:
o Plans
• Typical sections
• Quantity sheet
• Horizontal alignment data
• Roadway plan/profile
• Removal plan
• ROW plan
• Traffic control sequencing and plan(including changes for water/wastewater
line adjustments)
• Signing/pavement markings plan
• Drainage area map
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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Drainage calculations
• Storm sewer plan/profile
• Stormwater pollution prevention plan (SWPPP) plan
• Roadway cross sections
o Specifications as required by plan changes
o Construction cost estimate/quantity changes
o Utility verification and identification of potential adjustments
This scope of services does not cover additional changes in alignment/plan once schematic
design is approved.
• Waterline PS&E—Adjust waterline design to under the proposed Live Oak Connector per TEX
Rail project request.The waterline adjustment shall be from approximate Live Oak Connector
STA 17+50 to STA 22+00 and shall include connections to existing waterlines east and west along
1st Street(including a new fire hydrant).This shall include the following tasks:
o Waterline plan&profile sheets for the new waterline location and all connections as
described above
o Additional waterline details as needed for the design
0 Quantities and estimated construction costs for the changes to the waterline design
o Specifications as needed based on the new design
50 feet of 24"steel casing shall be installed under the proposed TEX Rail crossing location along
1St Street east of the proposed Live Oak Connector.
• Changes to PS&E based on TEX Rail sanitary sewer realignment—Adjust the Live Oak Connector
PS&E to account for the realignment of the sanitary sewer design by others under the proposed
Live Oak Connector pavement as part of the TEX Rail project.This shall include the following
tasks:
o Potential storm sewer changes, including storm sewer profile adjustments,adjustments
to the stormwater modeling,and associated plan sheet changes
o Quantities and estimated construction costs for the associated changes
• ROW documents—Adjust the ROW documents per the changes in the Live Oak Connector
alignment.This shall include updates to parcel maps and metes/bounds surveys and submission
of those documents to the City for review and comment. It is assumed that parcels between
Belknap Street and 2nd Street would require adjustments based on alignment changes.
Services not included in the scope of services include:
• Sanitary sewer design as part of the Live Oak Connector project
• Adjustment of Live Oak Connector project items except as defined in this scope
of services
• Other services not defined as part of this scope of services
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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ATTACHMENT B
FEE SCHEDULE
HNTS
Sedery Classification Salary Range Rate Used Hours Direct Labor
Min Max-FY 2015 For Calculations FC 110 FC 164 FC 390 FC 110 FC 164 FC 390 Total
Principal $40 $ 118.44 $95.00 0 0 0 50 SO $0 $0
Protect Director 535 S 10527 $81.00 0 0 0 SO 50 SO $0
Project Manager $30 $ 92.12 $68.00 61 0 0 $4148 $o m 54148
Project Business Manager S25 S 72.37 559.00 4 0 0 5216 50 SO $216
Project Adlmistrator $20 S 46.05 539.00 8 0 0 $312 $0 $0 5312
Clerical S10 S 2632 $18.00 0 0 0 SD 50 50 SO
Senior Design Engineer S30 S 80.27 558.00 0 0 0 SO 50 $9 $o
ErKjinear V $25 $ 72.37 551.00 0 0 0 50 50 $0 1 SO
Engineer IV $25 $ 59.22 $50.00 130 0 0 S6,500 59 50 I S6,500
Frigineer III S20 $ 46.05 540.00 0 0 0 50 50 SO I SO
Engineer II S20 $ 36.85 526.00 0 0 0 $D So 50 I $0
EMneer 1 $15 $ 3290 $29.00 0 0 0 50 5o 50 i SO
Senior Urban nen $20 S 72.37 $5000 0 0 0 SD 50 50 I SO
Urban Desi ner II $15 $ 46.05 13300 0 0 0 $0 SO mI 50
Senior Landscape Architect S20 $ 59.22 54600 0 0 0 SO 50 $o 50
Laridscape Architect II $15 S 46-051 532.00 0 0 0 $O $0 $0 SO
Public Involvement Director $25 S 65.79 545.00 0 0 D 1 $0 $0 SO 50
Pudic Involvemem Me r S 52.63 .W 0 0 0 5o $0 SO 50
Pubic kwivemem Coorrineto 10 S 46.05 525.00 0 0 0 0 SO $0
Techno es-Director $30 S 92.12 $6500 0 0 0 $0 $0 SO $0
Teches-Manager T-78 96 557.00 0 0 0 So So $o SO
Technologes-Graphic Artist $20 $ 5922 541.00 0 0 0 $0 $0 $0 50
Technologies-3D modeler S20 $ 46.05 532.00 0 0 0 $0 5o SO $0
Tern ies-ITS Specialist 1 S25 $ 65.79 548.00 0 0 0 50 50 So SO
Tools 203 0 0 $11,176 $0 $0 $11,176
Overhead 0 141.45% S15 80B SO 50 515,808
Subtotals 5$4,984 50 50 S26,984
Faed Fee 15.90% 54,046 $0 SO 54.048
Direct see attached) $125 $125
Totals 531,157 50 $31,157
Subconsultam DBE HUB FC 110 FC 164 FC 390 Total
Campbell TerhrnlVas Corporation 50 50 1 $0 50
Gormndone z x $5,364 I SO 1 $0 $5.364
STL x z SO I SO I SO50
Sub De>taI-Subcontracted Expenses $5.364 $o SD $5,364
TbEIHUB MIS
FC 110 FC 164 FC 390 Tdal
TOTALS. $36,521 SO $0 $35,521
Maximum Fee for Wet*AlRhortrAfbn $36,521
Total Fixed Fee for Work AuthodznUon $4,046
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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FEE SCHEDULE
HNTB
MANHOUR ESTIMATE-STAFF
Project Project
Func. Project Engineer
Code Task Manager Business Admnist N Totals
Manager rator
$68.00 $54.00 $39.00 $50.00
110 Live Oak Connector TEX Rail Realignment Changes
Project Management/Project Adminstration 12 4 8 24
Schematic Design Changes
Horizontal/vertical geometry 4 8 12
Preliminary cross sections 2 2 4
Identification of ROW changes 2 2
Schematic drawing preparation 2 61 8
PS&E Design Changes
Typical sections 1 2 3
Quantity sheet 4 8 12
Horizontal alignment data 2 2
Roadway plan/profile 4 8 12
Removal plan 1 4 5
ROW plan 2 2
Traffic control sequencing and plan 2 6 8
Signing/pavement markings plan 1 4 5
Drainage area map 1 4 5
Drainage calculations 4 4 8
Storm sewer plan/profile 4 12 16
SWPPP plan 1 41 5
Cross sections 4 4 8
Specifications 41 4
Construction cost estimate 1 2 3
Utility verification/identification of potential adjustments 4 4 8
Waterline PS&E
Waterline plan&profile sheets 20 20
Waterline details 61 6
Traffic control changes 4 4
Quantites/estimated construction costs 2 2
Specifications changes 4 4
Changes to PS&E based on sanitary sewer design
Storm sewer changes 2 4 6
Quantites/estimated construction costs 1 2 3
ROW Documents 21 2
TOTAL 61 4 8 130 203
Intertocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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FEE SCHEDULE
Direct Expenses-HNTB
Mein Quantity Units Rate Total
Office Expenses
Printing
Digital Plotter SF $2.00 = $0.00
11"x17'Mylar Sheet $2.00 = $0.00
8 112"x 11"BAN Paper copies Sheet $0.10 = $0.00
11'x17'BAN Paper Copies 500 Sheet $0.25 = $125.00
8 1/2"x 11"Color paper copies Sheet $0.75 = $0.00
11"x17Color Copies Sheet $1.10 = $0.00
Miscellaneous Office Expenses
Postage
Standard Postage @ cost $0.39 = $0.00
Express mail @ cost $10.00 = $0.00
Overnight Mail-Letter Size @ cost $20.00 = $0.00
Overnight Mail-Oversized Box @ cost $50.00 = $0.00
Travel Expenses
Mileage(TxDOT allowable mileage rate) miles $0.560 = $0.00
Airfare($750 max) RT $750.00 = $0.00
Airfare RT $500.00 = $0.00
Airfare RT $250.00 = $0.00
Garage Parking($15 daily maximum) days @ $15.00 = $0.00
Lodging($85 daily maximum excluding tax) days @ $85.00 = $0.00
Meals($36 daily maximum) days @ $36.00 = $0.00
Car Rental($60 daily maximum without fuel) days @ $60.00 = $0.00
Miscellaneous Expenses
Website development @cost $5,000.00 = $0.00
Website maintenance month $40.00 = $0.00
Court reporter @cost $500.00 = $0.00
Public meeting brocures @cost $1,000.00 = $0.00
Techical use of computer hourly $17.00 = $0.00
SUBTOTAL-FUNCTION CODE 110 - S125.00
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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FEE SCHEDULE
Gorrondona
Salary Classification Salary Range Rate Used Hours Direct Labor
Klin Max For Calculations FC 130 FC 150 FC 390 FC 13D FC 150 FC 390 Total
Project Plana edRPLS $25 $ 43.53 43.53 6 0 0 261 $0 $0 261
TechiRPLS $20 $ 34.55 $ 34.55 1 0 0 $35 $0 $0 $35
2-lvlan Field Part $25 $ 45.60 $ 45.80 10 0 0 $456 $0 $0 $456
3-Man Field Pa 20 $ 58.74 58.74 0 0 0 0 0 0 0
CADD Tech $10 $ 26.96 $ 26.96 35 0 0 $944 $0 $0 $944
Admin:Clerical $10 $ 1935 $ 19.35 3 0 0 $58 $0 $0 $58
Overhead d� 166.0046 $2,911 1 $0 $0 $2.911
Fixed Fee '15.0096 $700 $0 $0 $700
Direct Expenses (see attached) $0 1 $0
otals5 364 0 0 5-364
FC IT
0
TOTALS- $5,364 $0 $0 $5,364
MaDdmum Fee for Work Authorization $5,364
Total Fixed Fee for Work Authorization $700
Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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FEE SCHEDULE
Gorrondona
MANHOUR ESTIMATE-STAFF
Project 2-Man
Func. TectURP 3-Man CADD Admin/C
Code
Task Manager// LS Field
y Field Party Tech lexical Totals
RPLS Party
43.53 34.55 5.60 $58.74 26.96 19.35
130 Live Oak Connector TEX Rail Reali nment Changes
Project Mana ementlPro ect Adminstration 0
Schematic Design Changes
Horizontallvertical geometry 0
Preliminary cross sections 0
Identification of ROW changes 0
Schematic dravving preparation 0
PS&E Design Changes
Typical sections 0
Quantity sheet 0
Horizontal alignment data 0
Roadway plan/profile 0
Removal plan 0
ROW plan 0
Traffic control sequencing and plan 0
Signing1pavernent markings plan 0
Drainage area map 0
Drainage calculations 0
Storm sewer plarilprofile 0
SWPPP plan 0
Cross sections I of
Specifications 0
Construction cost estimate 0
Utility verificationlidentifiication of potential adjustments 0
Waterline PS&E
Waterline plan&profile sheets 0
Waterline details 0
Traffic control changes 0
Quantites/estimated construction costs 0
Specifications changes I f I0
Changes to PS&E based on sanitary sewer design
Storm sewer changes 0
Quantites/estimated construction costs 0
ROW Documents 61 1 1 101 01 351 3 55
TOTAL 6 1 10 0 35 3 55
Interiocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work
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