HomeMy WebLinkAboutContract 51669 CITY SECRETARY
RECEIVED CONTRACT NO.
DEC 13 2018
CITY OF FORT WORTH
CITY SECRETARY
Memorandum of Understanding
This Memorandum of Understanding is made between the United States Army Corps of Engineers,
Fort Worth District(hereinafter referred to as the Corps);the Tarrant Regional Water District(hereinafter
referred to as TRWD); and the City of Fort Worth (hereinafter referred to as COFW), collectively the
Parties. The Corps and TRWD are partners for a project to perform excavation and disposal under
Solicitation No. W9126G18R011 (hereinafter referred to as the Contract)for the construction of Oxbow
H and I,a Fort Worth Central City Project. All property and access is being provided by TRWD to the Corps
and the Contractor according to the Project Partnership Agreement (PPA) which was executed by TRWD
and the Corps and which is dated September 81h, 2008. TRWD, identified in the PPA as the non-Federal
Sponsor in the Central City Project, has requested to document additional requirements and
communication standards for work in and adjacent to the COFW Park and Recreation active areas. The
primary contractor for the Corps, hereinafter shall be defined as the Contractor.
The purpose of this Memorandum is to document the agreement by all parties hereto regarding
their joint use of the haul road and temporary work area, as further described in that Temporary Access
Easement granted by the COFW to TRWD and dated M-N-to►g (the Easement), along with their
communication and coordination prior to the completion of the work for the Contract (reference FAR
clause 52.236-8,Other Contracts; FAR clause 52.236-11, Use and Possession Prior to Completion;and the
"joint use" requirements of the Contract located in specification section 0150 00. Proper coordination
and communication will allow the Corps the necessary use of the Easement for their operations. The
parties to this Memorandum agree as follows:
1. Control of Space,Repairs&Notice to Parties
a. The Corps shall provide scheduling and updates to the COFW concerning
timelines for construction that materially affect the Easement, as shown on the attached
Exhibit "A." The Contractor will be responsible for enforcing all safety requirements and
measures to protect the COFW within the Easement.
b. All areas of the Easement are to be considered a joint use area. However, in
certain circumstances coordination efforts may be required for City events, construction
activities and for use of park facilities.
C. In the extraordinary event that the Contractor needs permission to work outside
of the approved easement,the COFW shall be notified a minimum of 72 hours in advance
for coordination purposes. Such notice shall be in accordance with the Communication
Between Parties instructions below. Any such work outside of the Easement shall occur
with the permission of and at the sole discretion of the COFW. (Example: mitigation for
any unanticipated damages to trees or park land outside of the Easement).
1. Per Specification Section 0156 39, any mitigation occurring outside the
Easement must be approved by the COFW prior to any such work being done. Such
approval and work may require additional COFW permitting, access agreements, and
fees.All such work shall occur at the sole discretion and direction of the City.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2. Upon notice from the COFW to the Corps, and per Specification Section 01
50 00, the Contractor shall immediately repair roads within a 24 hour period when
directed by the Contracting Officer or Contracting Officer's representative with, a
temporary repair being made by the Contractor within 24 hours. The location must be
flagged and barricaded for safety until the final repair has been made. The haul road,
including the Gateway Park entrance roads, must be maintained by the Contractor for
safe for passage at all times. Any necessary permanent repairs shall be made within seven
business days.
d. The Contractor shall remain responsible for the completion of any deficiency,
correction or mitigation that is required, even if their performance of that work requires
them to conduct work within the COFW parkland. Any work within COFW parkland shall
occur with the written permission of and at the direction of the COFW.
e. USACE shall, within 24 hours, notify the COFW of any hazardous material used or
encountered during construction operations.
2. Communication Between Parties
The COFW,TRWD,and the Corps have identified the following specific personnel for this
project who will coordinate any issues through the following protocol:
a. The initial field coordination will be through direct communication by phone
(and followed-up with an email) between the following parties:
For TRWD: Jenna Brummett
817-718-1876 cell
817-698-0700 office
jenna.brummett@trwd.com
For the Corps: Aloysia Brown
817-504-2527 cell
817-886-1976 office
Aloysia.A.Brown@usace.army.mil
For COFW: Cornell Gordon
817-888-7492 cell
817-392-5764 office
cornell.gordon@fortworthtexas.gov
b. In the event that an issue needs to be elevated,the following parties will be
added to the conversation:
For TRWD: Woody Frossard
817-994-0748 cell
817-698-0700 office
Woody.frossard@trwd.com
For the Corps: Gail Hicks
817-932-3540 cell
817-886-1900 office
Gail.S.Hicks@usace.army.mil
For CO FW: Katherine Beck, P.E.
817-999-1908 cell
817-392-6543 office
Katherine.beck@fortworthtexas.gov
3. Miscellaneous Matters
a. The terms of this Memorandum may be modified in writing if mutually agreed to
by all parties hereto.
b. By their signatures,each person signing below represents that they have read
and understood the contents of this Memorandum,and that they are authorized to sign
this Memorandum on behalf of their respective party.This Memorandum is effective
upon the signature of all parties.
t[aleJVorOn behalf of COFW:
os:
gnatur ) (Signature)
( '
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Carl S.Oelschig (Printed Name)
(Printed Name)
Contracting Officer Asrf: C,•ty
(Title) (Title) 1295.SVR
4 December 2018
(Date) OR r
(Date) -W.;.; ::
On behalf of TRWD:
0
(�✓ ary S r, dity Secretary'
(Signa
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(Printed ame) APPROVED AS TO FORM AND LEGALITY:
(Title) / CITY ATTORNEY � �
OFFICIAL RECORD
-5 ��'C�;��S cr v�pi�' CITY SECRETARY
(Date FT. WORTH,TX
CORPS OF ENGINEERS u.S.Mor
rLEGEND TRACT REGISTER
FEE TRACT LANDOWNER ACREAGE REMARKS
FEE 'ASi;F+FNT
_ TEMPORARY WORK EASEMENT 513 ROBERT FROST —___ ORIGINALLY PART OF TRACTS 513
517 & 51$ DEED I.N. 0G2O518980E
y 516 ROBERT FROST '--- ORIGINALLY PART OF TRACTS 516.
y _ 517 & Dig: DEED I.N. 9.205IW806
---- ORIGINALLY PART OF TRACTS 515,
577 ROBERT FROST 517 & 51$: DEED I.N. AC20 IM1906
518 ROBERT FROST _—_— ORIGINALLY PART OF TRACTS 515.
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517 & 51$. DEED I.N. AC205189006
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Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
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Name of Employee
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Title
Contract Authorization:
M&C L-16160
Form 1295:N/A
yity of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/13/2018
DATE: Tuesday, November 13, 2018 REFERENCE NO.: **L-16160
LOG NAME: 80GATEWAY PARK TRWD TEMP ACCESS AGREEMENT
SUBJECT:
Authorize Execution of Memorandum of Understanding with Tarrant Regional Water District and the U.S.
Army Corps of Engineers and Authorize Granting of a Temporary Access Easement to the Tarrant
Regional Water District for Access Through Gateway Park for the Trinity River Valley Storage Project
(COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Memorandum of Understanding with
Tarrant Regional Water District and the U.S. Army Corps of Engineers and authorize the granting of a
temporary access easement to the Tarrant Regional Water District for access through Gateway Park for
the Trinity River Valley Storage Project.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
Memorandum of Understanding (MOU) with the Tarrant Regional Water District (TRWD) and the U.S.
Army Corps of Engineers and to authorize the granting of a Temporary Access Easement to TRWD,
permitting the use of parkland at Gateway Park (Park) for temporary access to install Trinity River Valley
Storage improvements on the property adjacent to Gateway Park.
The TRWD has requested the use of approximately 2.367 acres of Gateway Park to serve as a temporary
access route between development sites H & I, which are a part of the Trinity River Valley Storage
Project. The haul route is necessary as contractors will be removing and distributing dirt between sites H
& I (see attached exhibit) in order to create additional valley storage for the Trinity River Valley Storage
Project. The material being transferred from site H to site I will also be used to fill in the original Waste
Water Treatment Facility located in Gateway Park. A three party MOU between the U.S. Army Corps of
Engineers, TRWD and the City of Fort Worth will establish the parameters of this portion of the project.
The overall project is part of the Trinity River Valley Master Plan adopted by Council on June 3, 2003
(M&C G-13989) and Gateway Park Master Plan adopted by Council on May 14, 2002 (M&C G-
13624). The proposed access locations take into consideration the park infrastructure and user
accessibility. The access route is depicted in the attached exhibits. Installation of fencing will be required
along the access route. Trees permitted for removal will be mitigated on a caliper inch-per-inch basis.
TRWD will be responsible for repairing and restoring the park to a condition as similar to or better than
that which existed prior to the construction.
Gateway Park is located in COUNCIL DISTRICT 4 and is classified as a metropolitan park.
This contract will be with a governmental entity, state agency or public institution of higher education:
(Tarrant Regional Water District and United States Army Corps of Engineers).
Logname: 80GATEWAY PARK TRWD TEMP ACCESS AGREEMENT Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. Aerial Street Map Gateway Park.pdf (Public)
2. MC Haul route.pdf (Public)
Logname: 80GATEWAY PARK TRWD TEMP ACCESS AGREEMENT Page 2 of 2