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HomeMy WebLinkAboutContract 49599 34 So Q CITY SECRE TARKY CONTRACT Q N0. /S l RECEIVED SEP -62017 N r CITY OF FORT WORTH INTERLOCAL AGREEMENT C17YSECRETARY EEN THE TRINITY RIVER AUTHORITY OF TEXAS f1'a AND THE CITY OF FORT WORTH, TEXAS �gSbEZ �, STATE EXAS § 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 2014, the AUTHORITY initiated preliminary design work to evaluate options for the replacement/rehabilitation 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 CITY has an agreement with a private developer, Riverbend Investment, LTD, (DEVELOPER) to reconstruct Trinity Boulevard, a roadway within the CITY, from Interstate Highway 820 to Salado Trail (ROAD PROJECT); and WHEREAS, the DEVELOPER has plans to begin construction on the ROAD PROJECT in 2017; and WHEREAS, the AUTHORITY and CITY desire to enter into this AGREEMENT, under which the CITY will construct or cause construction of that portion of the new Walker-Calloway pipeline that falls within the CITY's streets (SEWER LINE); and OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX WHEREAS, the AUTHORITY has agreed to pay for 100 percent of the cost for the construction of the SEWER LINE, which is estimated at $694,973; and WHEREAS, the CITY and DEVELOPER have agreed to incorporate the SEWER LINE into the final plans and specifications for the construction of the ROAD PROJECT; 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; and WHEREAS, the CITY and the AUTHORITY have agreed that it is in the mutual interest of the parties to this AGREEMENT to entrust the construction of the SEWER LINE to the CITY, and upon its completion the AUTHORITY will take ownership thereof. NOW THEREFORE, in consideration of the premises and the 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. "DESIGN" means the provision by the AUTHORITY of the final plans and specifications for the construction of the SEWER LINE; B. "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. C. "SEWER LINE" more specifically means the construction of approximately 900 linear feet of gravity sewer pipeline (739 linear feet of 36" and 170 linear feet of 42") that will traverse Trinity Boulevard between Riverlakes Drive and Old Squall Drive as depicted on Location Map hereto. Section 2. SCOPE. The CITY will, or will cause DEVELOPER to, publicly procure and award a contract for the construction of the SEWER LINE as part of the ROAD PROJECT. 2 Section 3. OBLIGATIONS OF THE AUTHORITY AND CITY A. The AUTHORITY is responsible for and will provide to the CITY the final design and technical specifications for the SEWER LINE; B. The CITY will review and recommend to the AUTHORITY the general contractor selected to work the SEWER LINE; C. The AUTHORITY has the option of review, and to accept or reject the general contractor for the construction of the SEWER LINE. If the bid price exceeds $800,000, the AUTHORITY shall be consulted and must approve the additional costs before the SEWER LINE contract may be awarded. If the AUTHORITY rejects all the bids then this AGREEMENT will be void; D. The CITY will receive and expend the AUTHORITY'S funds for the cost of the construction of the SEWER LINE in an amount not to exceed $800,000. There shall be no changes to the cost of the SEWER LINE that exceed $800,000 without prior written authorization by the AUTHORITY; E. The CITY will oversee the work to construct the SEWER LINE; F. The CITY shall require the contractor to furnish proof of insurance prior to construction of the SEWER LINE. CITY shall require the contractor to furnish a payment and performance bond naming both the CITY and AUTHORITY as obligees, and a one year maintenance bond for the SEWER LINE naming the AUTHORITY as the owner/obligee; G. The CITY shall require the contractor to furnish to the AUTHORITY all SEWER LINE construction submittals prior to commencement of construction. The AUTHORITY will have two business days to review and approve these submittals; H. The CITY shall invite the AUTHORITY to all pre-construction conferences and construction progress meetings to review construction progress and schedules; I. The CITY shall obtain the AUTHORITY'S written approval of any changes to the construction plans and specifications furnished by the AUTHORITY for the SEWER LINE. The CITY shall also obtain written approval from the AUTHORITY of all addenda during the bidding phase of the SEWER LINE; J. The CITY shall provide for inspection during construction of the SEWER LINE. The AUTHORITY may perform its own inspections during construction 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 AUTHORITY'S inspection reveal construction not in accordance with approved plans and specifications, addendums or change orders, the AUTHORITY will immediately notify the CITY in writing, and the CITY will take proper action to remedy the discrepancy, all subject to the 3 AUTHORITY'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 SEWER LINE. The CITY shall advise the AUTHORITY'S Construction Services and the Wastewater Collection System staff at least 72 hours in advance of DEVELOPER'S intention to commence construction; K. The CITY, the AUTHORITY and the AUTHORITY'S design engineer will conduct a final review of the SEWER LINE for conformance with the design and compliance with the construction contract documents. The AUTHORITY'S design engineer will prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment; L. The CITY shall provide the AUTHORITY one set of as-built drawings, full size (22- x 34-inch) drawings and electronic copy, within 30 days of completion of the SEWER LINE; M. The AUTHORITY will reimburse all the costs associated with constructing the SEWER LINE to the CITY. The costs include, but are not limited to, costs identified in the final bids and approved change orders. The total reimbursement shall not exceed $800,000, unless otherwise approved by the AUTHORITY; N. The AUTHORITY will provide the funds to the CITY, after issuance of AUTHORITY'S bonds, no later than January 1, 2018; and O. Upon completion of the SEWER LINE and acceptance of the improvements by the AUTHORITY, the AUTHORITY shall be responsible for maintenance and operation of the SEWER LINE. 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 SEWER LINE is finally accepted by the AUTHORITY and upon payment by the AUTHORITY of the sums due the CITY under Section 31- B. ;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. For the purposes of notice, the addresses of the parties, until changed by written notice, shall be as follows: 4 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. Patrick Buckley 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 AUTHORITY, 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 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. 5 Section 11. CURRENT REVENUES. The parties hereto shall make payments called for hereunder only from current revenues legally available to each party. 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: 1 Jesus J. Chapa EVIN WARD J� Assistant City Manager General Manager Date: ls� 17 Date: ��30 7 T ATTEST: ATTEST: By: �- By: jM ry J. Kayser O ARD S. SLOB DIN City Secretary S etary, Board of Directors OF Fp `t�ttittsstt������� (CITY'S SEAL) �� . "' �� (AUTHORITY'S` L�►uTH� ::0 ` \ • i i;U • ••�` • • APPROVED AS TO FORM M&C Date: 6ba0bo Douglas W Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 6 CO2290—ILA - TRA and CFW Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, inclu ing ensuring all performance and reporting require n s. Patrick--J T3uc I , P. . Senior Profes onal ngineer Location Map BoulevardTrinity + City • Number 1,000 feet 1,000 FIRM REGISTRATION F-928 Feet _ •; fir, »- .µ 24 Wk. `.. �flisp f NA - - r I I JiJJJ I.. , _ V _ s 97; -4, "R IAir 4Ja+Q.J1 }��r4 i '' �,� # is�'J.e/ '�1j'•a_ji�/ J�������a�siJl�i,� si���,e,�ti . p�iddl+t el! il' • ♦. ads tfr t— l 44, �, .is>YJi�1�IdsJ.ir1ti s r, '_� ¢.' I��..A.'�.J„�j'1's`1�A ��—.�•� . 1 � a;� �, * /flew♦,e� � ` ,j,,,J.,.,,.,.. rs �, _ .- - - -+.I. __ � rJJ•t`llf�l�/s aj. � d:+ J �l �` - F ��-`"tom ,- `'' '• *' �a• )i .J •-.. . Ills,. X AP 116 4 Copyright 20`15 City of Fort Worlh.Un uti ad s - - - _ - —a e- o-1-&K D e a .. �oo .oma City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2017 -Ordinance No. 22787-06-2017 DATE: Tuesday, June 20, 2017 REFERENCE NO.: **C-28282 LOG NAME: 20INTERLOCAL AGREEMENT WITH TRINITY RIVER AUTHORITY OF TEXAS SUBJECT: Authorize Execution of an Interlocal Agreement with the Trinity River Authority of Texas in the Amount of $800,000.00, Authorize Execution of Community Facilities Agreement with Riverbend Investment, LTD, with City Participation in the Amount of$800,000.00 for the Construction of a Sewer Line Within Trinity Boulevard, Authorize Execution of a Community Facilities Agreement with Riverbend Investment, LTD, in the Amount of$11,750,000.00, with no City Participation, for the Construction of Trinity Boulevard Roadway Project, Authorize Wavier of the CFA Policy to Allow a Financial Guaranty in the Form of Access to Loan Funds in the Amount of One Hundred Percent of the Costs of Construction and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Intergovernmental Contribution Fund up to the amount of$800,000.00 from available funds; 2. Authorize execution of an Interlocal Agreement and acceptance of funds up to the amount of $800,000.00 from Trinity River Authority of Texas for construction of a sewer line in the Trinity Boulevard roadway project No. (C-02290); 3. Authorize Execution of a Community Facilities Agreement with Riverbend Investment, LTD, with City participation in the amount of$800,000.00, for the construction of a sewer line within Trinity Boulevard; 4. Authorize Execution of a Community Facilities Agreement with Riverbend Investment, LTD, in the amount of$11,750,000.00, with no city participation, for the construction of the Trinity Boulevard roadway project No. (C-02290), 5. Authorize Wavier of the CFA Policy to allow a Financial Guaranty in the form of access to loan funds in the amount of one hundred percent of the costs of construction of the two CFAs. DISCUSSION: As part of the upcoming reconstruction of Trinity Boulevard from IH 820 to Salado Trail-by Riverbend Investment, LTD, (Developer) under the proposed Community Facilities Agreement (CFA) (Recommendation No. 4), a new portion of sanitary sewer line, owned by the Trinity River Authority of Texas (TRA), within the roadway corridor must be constructed. The TRA has agreed to enter into an Interfocal Agreement with the City, and the City is entering into a CFA with Developer (Recommendation No. 3), for this construction. The construction of the roadway and sewer line is scheduled to start later this year. Logname: 20INTERLOCAL AGREEMENT WITH TRINITY RIVER AUTHORITY OF TEXAS Page I of 2 Staff is recommending that the City Council authorize a waiver of the CFA Policy for both CFAs to accept a financial guaranty giving the City access to the Developer's loan funds in the amount of one hundred percent of the costs of construction to ensure completion of the projects. The Developer has previously entered into a TIF Agreement regarding the costs of construction for the Trinity Boulevard improvements. Description F Amount Design $0.00 Construction Material,Traffic Control and Incidentals 1$694,973.00 Project Management/Inspection/Contingencies, Etc. $105,027.00 Total Project Budget $800,000.00 This contract will be with a governmental entity, state agency or public institution of higher education: (Trinity River Authority of Texas). FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance and receipt of future funds, funds will be available in the current budget, as appropriated, of the Intergovernmental Contribution Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Accoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year ChartPield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Patrick Buckley (2443) ATTACHMENTS 1. 20INTERLOCAL AGREEMENT WITH TRV 30106 CAP FUND A017 .docx (Public) 2. FID Ila Trinity River.pdf (CFW Internal) 3. Form 1295 Trinity Blvd.pd (Public) 4. TrinityLocationMap 20160707.pdf (Public) Logname: 20INTERLOCAL AGREEMENT WITH TRINITY RIVER AUTHORITY OF TEXAS Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.l-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and s if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-213032 Riverbend Investment, Ltd. Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/24/2017 being filed, City of Fort Worth Date Acd ed : F 1- 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. TBD Public Infrastructure Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Norrnent, Russell Fort Worh,TX United States X Scarth, Danny Fort Worth,TX United States X Barns,Charlie Dallas,TX United States X Newell,Carla Fort Worth,TX United States X Newell, Kenneth Fort Worth,TX United States X 5 Check only if there is NO Interested Party, 0 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. roV ALOGr Linda G Ellis y My Commission Expires . y` p 10/21/2018 Signature of authorized agent dcontracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Swor o and subscribed before me,by the said L.f fi �� �N+Gt/,this the day of 20 to certify which,witness my hand and seal of office. JrAth dA, lp", F�1 S 5�►sfQ�1 Sign lure of officer efdministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0,883