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INTERLOCAL AGREEMENT
BETWEEN THE TRINITY RIVER AUTHORITY OF TEXAS
, - AND THE CITY OF FORT WORTH, TEXAS
STATE OF TEXAS §
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 Henrietta Creek Interceptor
System that transports wastewater from the cities of Fort Worth, Haslet, Northlake, and
Roanoke to the Denton Creek Regional Wastewater System (DCRWS) treatment plant in
Roanoke; and
WHEREAS, the DCRWS Phase II Interceptor Flow Assessment prepared for the
AUTHORITY identified that segments of the Henrietta Creek Interceptor System are in need of
improvement in order to convey current and future wastewater flows; and
WHEREAS, in 2012, the AUTHORITY initiated design efforts to evaluate options for the
replacement/rehabilitation of the Henrietta Creek Relief Interceptor, 25HC-1; and
WHEREAS, 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 AUTHORITY plans to install a 60-inch pipeline (SEWER LINE) within
Litsey Road right-of-way, located within the CITY; and
WHEREAS, the AUTHORITY and CITY desire to enter into this AGREEMENT, under
which the AUTHORITY will construct or cause construction of that portion of the new SEWER
LINE by other than open cut, which requires temporary installation of tunneling shafts within the
right-of-way and adjustments to several CITY sewer line connections or laterals; and
WHEREAS, the CITY desires that AUTHORITY pay certain fees for construction
inspection services for the construction of the SEWER LINE within Litsey Road right-of-way; and
OFF11COAL RECOR Ch
`RA-CFVV STREET RECONSTRUCTION iLA--25HC-1 Page 1 of 6 FT. WORTH,TX
WHEREAS, the AUTHORITY has agreed to pay for inspection and materials testing costs
for the reconstruction of Litsey Road right-of-way, if required, after the SEWER LINE is installed,
which fees are estimated at $16,200 as shown on Attachment A attached hereto and incorporated
herein; 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;
NOW THEREFORE, in consideration of the above recitals, the premises and
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. "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.
B. "SEWER LINE" more specifically means the construction of approximately 100
linear feet of 60-Inch gravity sewer pipeline that will be bored under Litsey Road
as depicted on Exhibit B;
C. "Inspection and Materials Testing Fees" means those certain fees paid to the
CITY as per the fee schedule, Attachment A.
Section 2. SCOPE. The CITY will, or will cause the inspection and materials testing of
the reconstruction of Litsey Road after construction of the SEWER LINE has been completed (if
required).
Section 3. OBLIGATIONS OF THE AUTHORITY AND CITY
A. The AUTHORITY is responsible for the installation of the SEWER LINE;
B. The AUTHORITY is responsible for boring under Litsey Road including
appropriate boring procedures, backfill materials, filling of annular space and
compaction around and above the SEWER LINE as per CITY specifications
listed in Attachment B, in order to support the public right-of-way;
TRA-CF'NJ STREET RECONSTRUCTION LA—25HC.1 Page 2 of 6
C. The CITY will provide the inspection and materials testing services working in
conjunction with the AUTHORITY or its contractor;
D. The AUTHORITY shall pay the CITY the amount of$16,200.00 for the inspection
and materials testing services in advance of the SEWER LINE's construction;
E. The AUTHORITY shall provide to CITY the contractor's proof of insurance prior
to construction of the SEWER LINE. CITY shall be provided a copy of the
contractor's payment and performance bond naming AUTHORITY as obligee, as
well as a two-year maintenance bond for the work associated with the installation
of the sewer line under Litsey Road naming the CITY as the obligee;
F. The AUTHORITY shall invite the CITY to all pre-construction conferences and
construction progress meetings to review construction progress and schedules
when needed;
G. The AUTHORITY shall inform the CITY of any changes to the construction plans
and specifications furnished by the AUTHORITY for the SEWER LINE;
H. The CITY shall provide for inspection during final construction of the SEWER
LINE to determine whether the base for Litsey Road is undermined during
construction of the SEWER LINE. The AUTHORITY may perform its own
inspections during construction of the SEWER LINE 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
CITY'S inspection reveal construction not in accordance with approved plans and
specifications, as may be amended by addendum or change order, the CITY will
immediately notify the AUTHORITY in writing, and the AUTHORITY will take
proper action to remedy the discrepancy, all subject to the CITY'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 Litsey
Road. The AUTHORITY shall advise the CITY'S representative identified herein
at least 72 hours in advance of AUTHORITY'S intention to commence
construction of the SEWER LINE;
I. The CITY, the AUTHORITY and the AUTHORITY'S design engineer will conduct
a final review of Litsey Road, if reconstructed, for conformance with the design
and compliance with the construction contract documents. The CITY'S engineer
or inspector will prepare a list of deficiencies to be corrected by the contractor
before recommendation of final payment;
J. The AUTHORITY shall provide the CITY one set of as-built drawings in full size
(22- x 34-inch) drawings and electronic copy, within 30 days of completion of the
SEWER LINE;
TRA-CF-IJ STREE' RECONSTRUCTION III - 25HC. Page 3 o1 6
K. Upon completion and acceptance of the SEWER LINE by the AUTHORITY, the
AUTHORITY shall be responsible for maintenance and operation of the SEWER
LINE;
L. Upon completion and acceptance of the Boring under Litsey Road, the CITY
shall be responsible for operation of Litsey Road and CITY will assume
maintenance obligations after the expiration of the Maintenance Bond; and
M. Total compensation paid by AUTHORITY to CITY pursuant to this AGREEMENT
may not exceed $75,000, absent subsequent approval of the AUTHORITY'S
Board of Directors.
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 Boring under Litsey Road are finally
accepted by the CITY;
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. Electronic transmissions are acceptable with
confirmation of receipt. For the purposes of notice, the addresses of the parties,
until changed by written notice, shall be as follows:
AUTHORITY:
Trinity River Authority of Texas
P.O. Box 240
Arlington, Texas 76004-0240
Attention: Ms. Patricia M. Cleveland
Acting Northern Region Manager
CITY:
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Mr. Patrick Buckley, P.E.
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 the parties, said approval not to be
unreasonably withheld.
1 RA-CF" STREET RECONSTRUCTION LA --25HC-1 Page 4 of 6
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.
Section 11. CURRENT REVENUES. The parties hereto shall make payments called for
hereunder only from current revenues legally available to each party.
TRA-CFW STREET RECONSTRUCTION ,_A—25HC-1 Wage 5 of 6
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:
DANA URGHD F VIN ARD
Assistant City pager eneral Manager
Date: t h Date:
ATTEST: ATTWOWARD
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By: By:
MARY J. E SLO,�apl ������
City Secretary Secretary, B; WA
(CITY'S SEAL) ,, (AUTHORITY�.' Qe A.
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APPROVED AS TO FORM
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Date:
DOUGLAS W. BLACK ,
Senior Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH IfX
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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
Title
This form is N/A as No City Funds arelassociated with this Contract
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Printed Name Signature
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
Attachment A
CFA No: 20 City Project Number: Date:
COMMUNITY FACILITIES AGREEMENT APPLICATION
Are you requesting City participation in this project? Specify City Participation amounts:
❑ Yes* ® No Water: $0.00
If yes, by which department(s)? Sewer: $0.00
❑ TPW ❑ Water Paving: $0.00
❑ Other: Storm Drain: $0.00
Street Lights: $0.00
*If yes, must provide vendor number: Other: $0.00
Note: A Developer-executed CFA, all fees
You may also register online at: and financial guarantee must be received
http://fortworthtexas.gov/purchasing/register/ and approved before a request for City
participation will be presented to the Fort
Worth City Council.
Has there been a PDC on this project? (Y/N) If Yes, provide date:
Has a facilitator been assigned to this project? (Y/N) If Yes, provide name:
PROJECT TYPES — CHECK ALL THAT APPLY:
❑ WATER ❑ PAVING/STREET SIGNS ❑ STREET LIGHTS
® SEWER ❑ STORM DRAIN ❑ SIGNALS
I. PROJECT INFORMATION (Provide information for each box)
Project Name: Henrietta Creek Relief Interceptor IPRC Project Keith Ghanma
(25HC-1) Project Manager:
Project Address or North Fort Worth
Location:
Other plats associated with this CFA: N/A
Subdivision Name: N/A
Block Number(s): N/A
Council District: 7 Lot Number(s): N/A
CFA Application
Revised 11/27/2017 JLE
Page 1 of 5
II. APPLICANT/DEVELOPER INFORMATION
Applicant/Developer Legal Name: Trinity River Authority of Texas
Developer Type: ❑ Individual ® Entity
Contact Name: Kelly Davis Title: Senior Engineer
Street Address: 5300 South Collins St. City: Arlington State: TX Zip: 76018
PO Box: P.O. Box 60 City: Arlington State: TX Zip: 76004
Phone Number: 817-493-5100 E-mail: davisk@trinityra.org
III. SIGNATORY INFORMATION (Person who sill sign the contracts)
Applicant/Developer Legal Name: Trinity River Authority of Texas
*Must match signatory documents
Developer Type: ❑ Individual ® Entity
Contact Name: Title:
Street Address: 5300 South Collins St. City: Arlington State: TX Zip: 76018
PO Box: P.O. Box 60 City: Arlington State: TX Zip: 76004
Phone Number: 817-493-5100 E-mail:
IV. AGENT/CONSULTANT INFORMATION
Contact Name: Ben Stephens Title: Senior Project Manager
Street Address: 12225 Greenville Ave., City: Dallas State: TX Zip: 75243
Suite 200
PO Box: City: State: Zip:
Phone Number: 972-761-1631 E-mail: bttephens@halff.com
Agent/Consultant: Consultant: Halff Associates, Inc.
CFA Application
Revised 11/27/2017 JLE
Page 2 of 5
V. PROJECT EXHIBITS (Exhibits must be no bigger than 8 %11 x 11" and must clearly define all
proposed construction)
General — Required for all proiects:
N Vicinity Map ❑ Signature Authority Documentation
❑ One (1) Bid Proposal for each Infrastructure
N One (1) Exhibit for each infrastructure
Select infrastructure pieces:
N A—Water N B — Paving ❑ C —Street Lights
N Al —Sewer N 131 —Storm Drain ❑ C1 —Street Name Signs
❑ C2—Traffic Signals
VI. COST ESTIMATES:
Estimated Project Cost(double-click spreadsheet for entry of Construction Cost in grey
fields and automatic calculations of the inspection and material testing fees)
$ 1,750.00 Administrative Fee (NON-REFUNDABLE)
Construction Water Construction Item Inspection Fee Material Testing Fee Total
Cost (Cost x 2%) Fee (Cost x 2%)
$ - A-Water $ - $ - $ -
$ 210,000.00 Al-Sewer $ 4,200.00 $ 4,200.00 $ 8,400.00
$ 210,000.00 WATER TOTALS $ 4,200.00 $ 4,200.00 $ 8,400.00
Construction TPW Construction Item Inspection Fee Material Testing Fee Total
Cost (Cost x 4%) Fee (Cost x 2%)
$ 110,000.00 B-Paving/Street Signs $ 4,400.00 $ 2,200.00 $ 6,600.00
$ 20,000.00 131-Storm Drain $ 800.00 $ 400.00 $ 1,200.00
$ - C-Street Lights $ - N/A $ -
$ - C1-Traffic Signals $ - N/A $ -
$ 130,000.00 TPW TOTALS $ 5,200.00 $ 2,600.00 $ 7,800.00
$ 340,000.00 PROJECT TOTALS $ 9,400.00 $ 6,800.00 $ 16,200.00
CFA Application
Revised 11/27/2017 JLE
Page 3 of 5
CFA Application
Revised 11/27/2017 JLE
Page 4 of 5
VII. FINANCIAL GUARANTEE INFORMATION (Select One)
❑ Cash Escrow—Acceptable formats include Business Check or Cashier's Check
1 @ 125% of total Water Construction Costs (Water and Sewer)
1 @ 125% of total TPW Construction Costs (Paving, Storm Drain, Street Lights, Signs and
Traffic Signals)
Vendor Number:
NOTE: You must provide vendor number. Feel free to register online at:
http://fortworthtexas.gov/purchasing/register/.
❑ Escrow Pledge Agreement—Acceptable formats include Business Check or Cashier's Check
4 originals @ 125% of total project costs: Water, Sewer, Paving, Storm Drain, Street Lights,
Signs and Traffic Signals
❑ Development Bond
1 original @ 100% of total project costs: Water, Sewer, Paving, Storm Drain, Street Lights, Signs
and Traffic Signals
Provide payment receipt or confirmation that bond premium has been paid for a minimum of 2
years.
❑ Letter of Credit— Must have minimum 2-year expiration term
Must be payable by fax or issued by a bank within the DFW region.
1 @ 125% of total project costs: Water, Sewer, Paving, Storm Drain, Street Lights, Signs and
Traffic Signals
❑ Completion Agreement— Plat(s) held until project completion and can only be used for
on-site improvements
4 originals @ 100% of total project costs: Water, Sewer, Paving, Storm Drain, Street Lights,
Signs and Traffic Signals
® Statement of Appropriated Funding — FOR GOVERNMENTAL ENTITY CFAs ONLY
Governmental entity to provide Board/'Council/Commission resolution or other action authorizing
funding for the project
1 @ 100% of total project costs: Water, Sewer, Paving, Storm Drain, Street Lights, Signs and
Traffic Signals
CFA Application
Revised 11/27/2017 JLE
Page 5 of 5
VII. FEE PAYMENTS:
The non-refundable Administrative Fee of$1750.00 shall be paid at the time of application.
Material Testing and Inspection Fees must be paid before the CFA will be executed by the City.
Please include the City Project Number and fee type (administrative, inspection, testing, or cash
escrow) in the check's memo line.
Preliminary Use of Material Testing and Inspection Fees:
Upon payment of the material testing and inspection fees, receipt of an executed CFA by the City and
submittal of the distribution package to the City, the City may use these fees for any project-related
costs, which may include charges by City contractors related to scheduling or attending pre-
construction meetings. If this project is formally withdrawn, the City will retain an amount equal to any
actual or outstanding costs incurred through the date of project withdrawal; the remaining material
testing and inspection fees will be refunded to the Developer.
IX. DEVELOPER CONSENT TO PRELIMINARY USE OF FEES
1, <Name>, an authorized signatory of the Developer Entity, hereby make application for a CFA for the
above-referenced and titled project pursuant to the information contained in this application and
specifically acknowledge the Preliminary Use of Fees statement in Section VII above.
Developer: Trinity River Authority of Texas City of Fort Worth
<Name> Jesus J. Chapa
<Title> Assistant City Manager
Date Date
CFA Application
Revised 11/27/2017 KE
Page 6 of 5
FORT WORTH,")
NEW CFA PROCESS:
(Effective 07/17/2017)
1. Completed CFA application and submittal documents are provided to the CFA office and
payment(s) are made of the administration, material testing and inspection fees.
2. CFA Application is routed by CFA Office to City Manager's Office for review and approval.
3. CFA Exhibit(s) and Bid Proposal(s) are uploaded to Buzzsaw by applicant and received,
reviewed and approved by Project Manager.
4. Notification is sent to CFA Staff once final exhibit(s) and bid proposal(s) are uploaded into
project folder via Buzzsaw.
5. Confirmation of bid proposal(s) will be sent to applicant from the CFA office. If there is a
balance due, this will be collected prior to agreement draft.
6. CFA office routes a-CFA Agreement for approval and/or signatures as follows:
a. Consultant approval
b. Signatory as signer
c. CFA office as signer
d. CFA office manager as signer
e. Legal as signer
f. City Manager Office as signer
g. City Secretary as signer
7. CFA office executes agreement once returned electronically from officials listed above
8. IPRC is notified of execution. Please be advised that plats will be held for Completion
Agreement guarantees.
9. Letter of Acceptance/Green Sheet—upon final inspection, materials testing and inspection
fee amounts will be reconciled using the actual construction cost(contract cost plus change
orders). Should the fee amounts increase, the additional monies must be received prior to
the issuance of the City's Letter of Acceptance.
10. Submittal of final lien waiver attesting that they have been paid in full by the developer and
releasing the developer and City for all future claims. Refunds — are issued to the entity
paying the fees; to receive a refund or reimbursement requires registering as a Vendor.
Instructions for registering can be found at: http://fortworthtexas.gov/purchasing/register/.
11. Financial Guarantee— is released upon receipt of any fees due, contractor's lien release
and signed final pay sheets from the City's construction office. CFA Office releases hold
on plat(s).
Questions? Contact us!
Evelyn Roberts Jennifer Ezernack
817-392-2025 817-392-2737
http://fortworthtexas.gov/planninganddevelopment/cfa/
INTERLOCAL AGREEMENT
BETWEEN THE TRINITY RIVER AUTHORITY OF TEXAS
AND THE CITY OF FORT WORTH, TEXAS
ATTACHMENT B
LIST OF APPLICABLE SECTIONS FROM THE
CITY OF FORT WORTH CONSTRUCTION SPECIFICATION DOCUMENTS
Section Title
0241 14 Utility Removal Abandonment
03 30 00 Cast in Place Concrete
3301 30 Sewer and Manhole Testing
3301 31 Closed Circuit Television (CCTV) Inspection
33 03 10 Bypass Pumping of Existing Sewer Systems
33 04 50 Cleaning of Sewer Mains
33 05 10 Utility Trench Excavation, Embedment and Backfill
33 05 13 Frame Cover and Grade Rings — Cast Iron
33 05 26 Utility Markers — Locators
3331 15 HDPE Pipe for Sanitary Sewer
3331 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
3331 22 Sanitary Sewer Slip Lining
33 39 30 Fiberglass Manholes