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HomeMy WebLinkAboutContract 47644 e,V SECRETAW coNTRAM NO. L����� Contract No.46-51LF7017 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § INTERLOCAL AGREEMENT THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. I. CONTRACTING PARTIES: The Texas Department of Transportation TxDOT City of Fort Worth Local Government II. PURPOSE: Perform material inspection and testing services. III. STATEMENT OF SERVICES TO BE PERFORMED: TxDOT will undertake and carry out services described in Attachment A, Scope of Services. IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed$ 10,000 and shall conform to the provisions of Attachment B, Budget. Payments shall be billed monthly. V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on 8/31/2017 or when otherwise terminated as provided in this Agreement. VI. LEGAL AUTHORITY: THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties. The governing body, by resolution or ordinance, dated tzzeiw6 r fits, has authorized the Local Government to obtain the services described in Attachment A. This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget, Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance and Attachment E, Location Map Showing Project. SIGNATURES ON NEXT PAGE OFFICIAL RECORD CITY SECRETARY FT. WORTH TX Interlocal—Interlocal—TxDOT Page 1 of 2 Revised 02123/2015 Contract No.46-51LF7017 CITY OF FORT WORTH By Date .!esus J. Chapa Assistant City Manager APPROVAL]RECOMMENDED": � By ` GJ. (,✓ Date Douglas W iersig Director,TiVhsportation and Public Vorks Department APPROVED AS TO FORM AND LEGALITY BY y G S Date $ Dougla'sT4. Black 2- F S- if Assistant City Attorney FOR THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders,established policies or work programs heretofore approved and autjorlzed by the Tex ,Transportation Commission_ By - Date neth Stewart Director of Contract Se �C F 0�1° Afteded by: 0 V Mdiy YKajjr, Citypea&q OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Interlocal—Interlocal TxDOT Page 2 of 2 Revised 02123 Contract No.46-51LF7017 ATTACHMENT A Scope of Services The Texas Department of Transportation (TxDOT) agrees to perform material inspection and testing services as requested by the Local Government, and subject to the terms set forth below. Material inspection and testing services to be performed by TxDOT consists of the following: • Various inspected materials fabricated off-site (structural steel bridge components, pre-cast concrete stressed/non-stressed products,and miscellaneous fabricated products). • Other materials inspection and testing as agreed upon in writing by TxDOT and the Local Government. Inspections will be performed in compliance with the specifications and instructions supplied by the Local Government and are subject to the terms and conditions described below. Written inspection or test reports will be provided to the Local Government in accordance with TxDOT's existing policies as inspection and testing services are performed by TxDOT. Prior to the commencement of material inspection and testing services, the Local Government shall provide TxDOT with a single point of contact for this scope of services. TxDOT will direct all invoices, test reports, questions and other issues to this point of contact. The Local Government shall provide an email address to which invoices will be sent. The Local Government shall provide written notification of a change to the point of contact INSPECTED MATERIALS The Local Government will provide TxDOT a list of the materials requiring inspection. Estimated quantities of each material will also be provided. The types of products and the extent of the inspections will be as agreed upon prior to commencement of any inspections. The level of inspection and documentation furnished for Local Government inspections will be as provided for typical TxDOT projects. TxDOT will only perform inspection services for the Local Government at structural steel fabrication plants, commercial precast prestressed and non-stressed concrete products plants, and other miscellaneous fabrication plants where TxDOT routinely provides such inspection and testing services for its own highway materials or for others. Out-of-state inspections for Local Government will be performers only when TxDOT has employees scheduled to conduct inspections for TxDOT projects at the requested locations, unless agreed upon otherwise. All out-of-state inspections will require reimbursement of the additional costs for travel (airfare, lodging, per diem, vehicle rentals, and other miscellaneous costs). Reimbursement will be requested through invoices from TxDOT. TxDOT reserves the right to prioritize or reschedule any inspection and testing services according to the following: • Inspection and testing services may be cancelled or deferred due to unavailability of TxDOT personnel to perform the necessary inspection • Inspections for the Local Government will be given lower priority than inspections performed by TxDOT for TxDOT projects • Inspections for the Local Government may be rescheduled to coincide with the inspection of products for TxDOT projects. The Local Government and its fabricators will abide by the Nonconformance Report(NCR) process utilized by TxDOT for disposition of products that do not meet the requirements of the Local Government's specifications provided. Interlocal—interlocal TxDOT Page 1 of 2 Attachment A Contract No.46-51LF7017 WORK REQUESTS A minimum of two(2)weeks prior to TxDOT performing any inspections, the Local Government will submit Work Requests to TxDOT. Submit one Work Request per Fabricator and include the following: • Project information(i.e. contract number, CSJ,etc.) • Work description • Type and estimated quantity of material(s)to be inspected • Fabricator information(Name,contact person, phone number,physical location) • Desired date of inspection • Name,title,signature, and telephone number of the Local Government's authorized representative. • Specification Item or Special Specification to be used for inspection • List of the Local Government's amendments to Specification Item • Local Governments Special Specifications • Complete set of necessary design drawings, material specifications, and shop drawing files in Adobe .pdf format to perform inspection of the material. Incomplete Work Requests will not be accepted. E-mail completed Work Requests, with attachments, as an Adobe .pdf format to GST—Structuralcorrespandence@bcdot.gov and include "Work Request" in the subject line. TEST REPORTS TxDOT will send test reports and pertinent information to the Local Government's designated point of contact for services performed as attachments to invoices for services. Interlocal­-Interlocal—TxDOT Page 2 of 2 Attachment A Contract No.46-51LF7017 ATTACHMENT B Budget Texas Department of Transportation Inspection&Testing Rates TxDOT will only perform inspection and testing services outlined in Attachment A. Charges will be based on rates in effect at the time inspection and testing services are performed. Current Inspection and Testing Rates are published at: http://fto.dot.state.tx.us/12ubbdot-info/cstlnsaection testina.odf Invoices will be sent to the Local Government on a weekly basis.Payments are due within 30 days of date of invoice and will be mailed to the following address: Texas Department of Transportation P. O. Box 149001 Austin,Texas 78714-9001 Interlocal-Interlocal TxDOT Page 1 of 1 Attachment B Contract No.46-51LF7017 ATTACHMENT C General Terms and Conditions Article 1. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 2. Conflicts Between Agreements If the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shall prevail. Article 3. Disputes TxDOT shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract services. Article 4. Ownership of Equipment Except to the extent that a specific provision of this contract states to the contrary, ail equipment purchased by TxDOT under this contract shall be owned by TxDOT. Article 5. Termination This contract terminates at the end of the contract term, when all services and obligations contained in this contract have been satisfactorily completed, by mutual written agreement, or 30 days after either party gives notice to the other party, whichever occurs first. Article 6. Gratuities Any person who is doing business with or who reasonably speaking may do business with TxDOT under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Executive Director of the Texas Department of Transportation. Article 7. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Article 8. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. Article 9. State Auditor's Provision The state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Interlocal—Interlocal TxDOT Page 1 of 2 Attachment C Contract No.46-51LF7017 Article 10. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Article 11. Notices All notices to either party shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Fort Worth Transportation and Public Works Department Attention: Project Manager—Dirks, Project Support Division 100 Throckmorton Street Fort WorthTX 76102 TxDOT: Texas Department of Transportation Attention: Director, Contract Services 125 East 11 m Street Austin, TX 78701-2483 All notices shall be deemed given on the date delivered in person or deposited in the mail. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Interlocal—interlocal TxDOT Page 2 of 2 Attachment C A Resolution NO. 4557-12-2015 AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE TOTAL AMOUNT OF $10,000.00 FOR MATERIALS TESTING AND INSPECTION SERVICES TO BE PROVIDED BY THE STATE WHEREAS, the City of Fort Worth ("City") entered into a Local Project Advance Funding Agreement (City Secretary No. 43466) with the Texas Department of Transportation ("State") to provide funding for construction of the Dirks Road Phase 2 Project (City Project Number 00768); and WHEREAS, the terms of the said funding require inspections and testing of various off- site fabricated materials by the State to insure the quality of materials and workmanship incorporated into the construction of Dirks Road Phase 2; and WHEREAS, the State desires that the City provide compensation for inspection oversight for said materials through the Interlocal Agreement recommended herein; and WHEREAS, the State and City intend for this agreement to be for one year, in the amount of$10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ^F FORT WORTH, TEXAS: The City Manager or his designee is authorized to execute an Interlocal Agreement with the Texas Department of Transportation in the total amount of $10,000.00 for the purpose of funding State inspections of off-site fabricated materials (Structural steel bridge components, pre-cast concrete stressed and non-stressed products) related to the Dirks Road / Altamesa Boulevard Phase II Project. Adopted this 160- day of December, 2015. �,00-a�a�gn .o" FORT >2� ATTEST: p� p,0�Q0Obp°0� d d� By: �v0 00 °° Mary "ays ity Secretary aa °°°O°c°o°�°°� *a aannaX oRTWORT MAYOR AND COUNCIL COMMUNICATION MAP ALTAIWESA BOULEVARD PHASE 2 CONSTRUCTION SERVICES LCX V1, 3 Aw/Ziot� E4'! �-I— E EDE$ J" OVERTO " Ix r a LT& OAKMONT 1-4 > LA� A MESA( J _J ,nm 9 ay, Senbrook J, Lakb X -)11 r 4?cp N 71,-it z= 4000 DETAIL OF PROJECT CATIO "Owls aviel-lian com"kam.kw*, TAsprodu Is =0 May sol bave been p,spwedfarer be wilmWe hwigp% ,Qke,*a w*ur"ykvpp"", City Project#00768 NdeeenWnprwntenonaha-piouMsuaveyaaduThe DOE# 6793 M&C Review Page 1 of 4 Official site of the City of Fort W�onhh,,Texas CITY COUNCIL AGENDA r � Rni COUNCIL ACTION: Approved on 12/15/2015 -Ordinance No. 22012-12-2015, 22013-12-2015 & Resolution No. 4557-12-2015 DATE: 12/15/2015 REFERENCE C-27570 LOG NAME: 20ALTAMESA PHASE 2 NO.: PROJECT AMENDMENTS CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Adopt Resolution Authorizing an Interlocal Agreement with the Texas Department of Transportation in the Amount of$10,000.00 to Provide Material Inspection and Testing Services Related to the Construction of Altamesa Boulevard f/k/a Dirks Road from Granbury Road to the Chisholm Trail Parkway,Altamesa Boulevard Phase 2, Authorize Execution of Change Order No. 4 to City Secretary Contract No. 45378 with Austin Bridge & Road, LP, for Construction of Altamesa Boulevard Phase 2 in the Amount of $181,000.60 for Additional Work Related to the Fort Worth and Western Railroad Bridge, Authorize Settlement of Claims in the Amount of$690,443.36 with Austin Bridge& Road, LP, and Authorize Execution of Release Agreement, Adopt Ordinance Allocating $3,350,000.00 of Impact Fee Funds to the Altamesa Boulevard Phase 2 Project, Thereby Increasing the Total Project Cost to$27,317,082.74 and Adopt Appropriation Ordinance, Project No. C00768 (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Transportation Impact Fund in the amount of$3,350,000.00; 2. Authorize the transfer of funds in the amount of$3,350,000.00 ($1,400,000.00 from Unspecified Service Area Wand $1,950,000.00 from Unspecified Service Area Y)to the Alta Mesa Boulevard Phase 2 Project in the Transportation Impact Fund and adopt the attached ordinance increasing appropriations in the Alta Mesa Boulevard Phase 2 Project of the Transportation Impact Fund in the amount of$3,350,000.00 for the construction of Alta Mesa Boulevard Phase 2 Project and decreasing fund balance in the Unspecified Centers of the Fund by the same amounts; 3. Adopt the attached resolution authorizing the execution of an Interlocal Agreement with the Texas Department of Transportation in the amount of$10,000.00 to provide materials inspection and testing services for various structural elements fabricated off-site for the construction of Altamesa Boulevard Phase 2; 4. Authorize the execution of Change Order No. 4 to City Secretary Contract No. 45378, with Austin Bridge & Road, LP, in the amount of$181,000.60 for the Altamesa Boulevard Phase 2 Project, thereby increasing the contract amount to $11,407,506.76; and 5. Authorize the settlement of claims related to delays as settled at mediation between the City of Fort Worth and Austin Bridge &Road, LP, in the amount of$690,443.36 and authorize the execution of Releases and Agreements necessary to complete the settlement. DISCUSSION: This project provides for the construction of Altamesa Boulevard Phase 2, as a six-lane divided principal arterial under two separate phases. Phase 1 was completed in 2007 and extended from Bryant Irvin Road to Chisholm Trail Parkway (SH 121). Phase 2 is currently under construction and extends from Chisholm Trail Parkway (SH 121)to Granbury Road. Phase 2 includes a new railroad bridge structure, retaining wall, sidewalk, water main adjustments, traffic signal modifications and street lights. http://apps.cfwnet.org/council_packet/mc review.asp?ID=21773&councildate=12/15/2015 4/4/2016 M&C Review Page 2 of 4 Material Testing: On October 22, 2013, M&C C-26513 authorized an Interlocal Agreement with Texas Department of Transportation (TxDOT) in the amount of$5,004.00 for inspections and testing required to insure the quality of materials and workmanship incorporated into the construction of the project. The subject Interlocal Agreement provides additional inspections and testing associated with Phase 2, including the cost for staff from the Construction Division of the TxDOT to provide services for various structural elements fabricated off-site (i.e., structural steel bridge components, pre-cast concrete stressed/non- stressed products and miscellaneous fabricated products). Change Order: The subject change order is necessary to replace existing FWWRR Rail and Railroad TIES within the work zone to accommodate replacement of the existing bridge. In addition, elevated levels of arsenic, lead and selenium were detected within the railroad right-of-way during construction, which required additional testing as requested by Texas Commission on Environmental Quality (TCEQ). Groundwater and Contaminated Soils: Two primary issues occurred during the early stages of construction which resulted in significant delays for the construction contractor. Unusually high groundwater levels were encountered during excavation for the bridge components resulting in a project delay while the City and its Engineer formulated revised groundwater management strategies which the contractor then implemented. Contaminated soils were also encountered within the construction site, which required suspension of certain work tasks to allow time to test, analyze and prepare a response plan. These items compromised the project critical path and eventually prevented the contractor from continuing construction of the bridge structure. The City and Contractor engaged in a mediation process to arrive at a settlement for the expenses associated with these unanticipated delays. A Mediation Agreement was reached to settle the claim for$690,443.36 subject to City Council approval. This settlement will add 165 days to the contract completion date. Appropriation of Impact Fees: The attached ordinances will provide $3,350,000.00 of impact fees associated with capacity improvements for this project or approximately 12 percent of the total project costs. M&C C-26676 which awarded the construction contract for Phase 2, indicated that impact fees will be necessary to provide full project funding and that Staff will seek City Council approval for this additional funding prior to final completion of the project. This additional funding is necessary to cover Phase 2 change orders, FWWRR charges, final utility relocations, project management and contingencies and other project costs as outlined in the following table. This funding is not being used for the mediated settlement. The construction start date for Phase 2 was April 2014 and the anticipated completion date is now June 2016. The total project budget for Altamesa Boulevard Phase 1 and 2 is shown below: DESIGN - PHASE 1 and 2 AMOUNT Design Contract $ 2,096,726.00 Project Management, Design Coordination $ 1,160,480.00 TxDOT Design Review $ 83,492.00 FWWR Right-of-Way Agreement $ 3,500,000.00 Right-of-Way and Easement Acquisition $ 850,054.00 Coordination DESIGN PHASE BUDGET $ 7,690,752.00 CONSTRUCTION AMOUNT Construction Contract-Phase 1 $ 2,948,026.66 Construction Contract-Phase 2 $10,742,244.51 Change Order No. 1 (M&C C-27227 3.17.15) $ 404,044.61 Change Order No. 2 Administrative 6.17.15 $ 48,699.04 Change Order No. 3 Administrative 9.22.15 $ 31,518.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=21773&councildate=12/15/2015 4/4/2016 M&C Review Page 3 of 4 Change Order No. 4 (Pending) $ 181,000.60 TxDOT Construction Oversight $ 97,635.00 TxDOT Material Inspection -1St Interlocal $ 5,004.00 Agreement(City Secretary Contract No. 45333 TxDOT Material Inspecton -2nd Interlocal $ 10,000.00 Agreement (Pending) Time Impact Analysis Settlement with ABR $ 690,443.36 FWWR Construction Services Reimbursement $ 269,831.00 FWWR Additional Construction Services $ 250,000.00 Reimbursement (Pending) Time Impact Analysis for Utility Relocations $ 450,000.00 (Pending) Utility Relocation Costs $ 158,804.32 Inspection, Survey, Material Testing, Project $ 3,339,079.64 Management, Contingencies TOTAL CONSTRUCTION BUDGET $19,626,330.74 TOTAL PROJECT BUDGET $27,317,082.74 The funding sources for the project are as follows: PROJECT FUNDING SOURCE AMOUNT TxDOT, LPAFA, Phase 2 $ 6,509,000.00 Tarrant County, Phase 1 $2,007,444.42 City Funding, 2007 CO (39001) 14,952,193.32 City Funding, 1998 Bond $498,445.00 (39409) Requested Impact Fee Funding, 1,400,000.00 Service Area W Requested Impact Fee Funding, 1,950,000.00 Service Area Y TOTAL PROJECT FUNDING $27,317,082.74 MIWBE OFFICE -Austin Bridge & Road, LP, is in compliance with the City's DBE Program by committing to an additional 10 percent DBE participation on Change Order No. 4. The City's DBE goal on this change order or extra work is 10 percent. Authorizations provided with this Mayor and Council Communication will result in no additional annual operating impacts to the Transportation and Public Works Department's operating budget beyond those previously identified. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated in this action,within the 2007 Critical Capital Fund and the Impact Fee Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 2 39008 0200431 4413001 C00768 CO2383 $3,350,000.00 2 39008 0200431 5740010 C00768 CO2383 $3,350,000.0 http://apps.cfwnet.org/council_packet/mc review.asp?ID=21773&councildate=12/15/2015 4/4/2016 M&C Review Page 4 of 4 1 390081 0060419 1 4413001 1 UN9925 I I UN2300 I 1 1 $1,400,000.00 1 39008 0060419 5740010 UN9925 UN2300 $1,400,000.00 1 39008 0060419 4413001 UN9927 UN2300 $1,950,000.00 1 39008 0060419 5740010 UN9927 UN2300 $1,950,000.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 3 39001 0200431 5740010 C00768 CO2383 $10,000.00 4 39001 0200431 5740010 C00768 CO2383 $181,000.60 5 39001 1 0200431 5740010 C00768 CO2383 $690,443.36 2 39008 0060419 4413001 UN9925 UN2300 $1,400,000.00 2) 390081 0060419 5740010 UN9925 UN2300 ($1,400,000.00) 39008 0060419 4413001 UN9927 UN2300 $1,950,000.00 2 390081 0060419 5740010 UN9927 UN2300 $1950,000.00 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (6157) Additional Information Contact: Leon Wilson (8883) ATTACHMENTS 20ALTAMESA PHASE 2 PROJECT AMENDMENTS A016 39008 REC 1(Rev).docx 20ALTAMESA PHASE 2 PROJECT REC 2 AO(Rev12.08.15).docx ALTAMESA BLD PH-2 MAP.pdf Resolution TXDOT ILA Materials Testing Services (Rev12.07.15).doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21773&councildate=l2/15/2015 4/4/2016