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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 Page 1 of 2 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 Page 2 of 2 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 Page 3 of 3 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 Page 4 of 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 Page 5 of 5 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 -♦ S=�S' VV pfv% t it r 04fw - 6"0*4 -C-sl j Attest: FO %0 Wary yse $ � y City ecretary000000 x,82 Interlocal Agreement Between The T and The City of Fort Worth for Live Oak Connector Realignment Work Page 6 of 6 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 Page 7 of 7 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 Page 8 of 8 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 Page 9 of 9 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 Page 10 of 10 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 Page 11 of 11 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 Page 12 of 12 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 Page 13 of 13