HomeMy WebLinkAboutContract 45333 (2)Contract No 46-4ILF6010
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §f, , Qe3 t,s5133-cr
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INTERLOCAL AGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791.
I. CONTRACTING PARTIES:
Texas Department of Transportation TxDOT
City of Fort Worth, Texas Local Government
II. PURPOSE: Perform material inspection and testing services for Dirks Rd Project (CSJ: 0902-48-775).
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 $5,004.00 and shall
conform to the provisions of Attachment B, Budget. Invoices will be issued weekly.
V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on
2/16/15, 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 iO/22 /20d 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 for Showing Project.
[SIGNATURES ON NEXT PAGE]
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Interlocal—Interlocal_TxDOT Page 1 of 2
Revised 3/6/2013
Contract No 46-4ILF6010
ACCEPTED:
CITY OF FORT WORTH, TEXAS
By 7114/4.146 Date /ZA%3
Fernando Costa
Assistant City Manager
APPROVAL RECOMMENDED:
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Douglas V\)Wiersig
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Director, Transportation and Public works Department
APPROVED AS TO
ATTEST:
Douglas W. ack
Assistant City Attorney
AND LEGALITY:
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Mary J. kaysU/
City Secretary
FOR THE STATE OF TEXAS
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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
authorized by the Texas Transportation Commission
By
/anice ullenix
irector of orn
irector of Contract Services
Date
aase 201
OFFICIAL RECORD
CITY SECRETARY �I
nWORTH,TX ',
I nterlocal—I nterlocal_TxDOT Page 2 of 2
Revised 3/6/2013
Contract No 46-4ILF6010
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).
• Technical materials acceptance services and 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 performed 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 may perform technical materials acceptance services for the Local Government to be agreed upon
by both parties. These services are defined as additional inspection testing, or technical materials
acceptance services beyond what is performed during the routine in -plant inspection process. The Local
Government will compensate TxDOT for all direct costs or expenses associated with the performance of
these services under this Agreement, based upon actual costs of salaries and travel expenses incurred.
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 may 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.
Interlocal—Interlocal_TxDOT
Page 1 of 2 Attachment A
Revised 3/6/2013
Contract No 46-4ILF6010
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.
WORK REQUESTS
Fabrication Inspection
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 CST_Structuralcorrespondence@txdot gov and include "Work Request" in the
subject line.
Technical Materials Acceptance
A minimum of two (2) weeks prior to TxDOT providing technical materials acceptance services the Local
Government will submit Work Requests to TxDOT. Submit one Work Request and include the following:
• Project information (i.e. contract number, CSJ, etc.)
• Work description
• Type and estimated quantity of material(s) to be inspected
• Desired date of inspection
• Name title, signature, and telephone number of the Local Government's authorized representative.
• 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 CST_Structuralcorrespondence@txdot 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
Revised 3/6/2013
Contract No 46-4ILF6010
ATTACHMENT B
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://ftp.dot.state.tx.us/pub/txdot-info/cst/inspection testina.pdf
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
Revised 3/6/2013
Contract No 46-4ILF6010
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
e ntered 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, all equipment purchased by TxDOT
u nder 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
e ntity 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.
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:
TxDOT Local Government
Texas Department of Transportation City of Fort Worth Transportation and Public Works Department
Attention: Director, Contract Services Attention: Project Manager — Dirks , Project Support Division
125 East 11th Street 1000 Throckmorton Street
Austin, TX 78701-2483 Fort worth, TX 76102
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 1 of 1 Attachment C
Revised 3/6/2013
Contract No 46-4ILF6010
ATTACHMENT D
RESOLUTION OR ORDINANCE
(RESOLUTION OR ORDINANCE IS ATTACHED AND MADE A PART OF THIS AGREEMENT.)
I nterlocal—I nterlocal_TxDOT
Page 1 of 1 Attachment D
Revised 3/6/2013
FORT WORTH
STATE OF TEXAS §
COUNTIES OF TARRANT, DENTON, JOHNSON, PARKER AND WISE §
I, RONALD P. GONZALES, Assistant City Secretary of the City of Fort Worth, Texas do
hereby certify that the above and foregoing is a true and correct copy of Resolution No. 4252-10-
2013, duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular
session held on the 22`id day of October, 2013, as same appears of record in the Office of the City
Secretary.
WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the 20th day
of December, 2013.
(/1
£nald P. Gonzales, Assic nt City Secretary
City of Fort Worth, Texas
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City Secretary's Office
City of Fort Worth * 1000 Throckmorton Street * Fort Worth, Texas 76102
(817) 392-6150*FAX (817) 392-6196
A Resolution
NO. 4252-10-2013
AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE TOTAL
AMOUNT OF $5,004.00 FOR INSPECTION SERVICES TO BE PROVIDED BY
THE STATE
•
WHEREAS, The Texas Department of Transportation ("State") has entered into an
Agreement ("Agreement") with an outside firm to construct the Dirks Rd Phase II Project
(CSJ:0902-48-775, CIP NO. 00768); and
WHEREAS, the Texas Department of Transportation desires that the City of Fort
Worth("City") compensate the State for inspection oversight for various off -site fabricated
materials; and
WHEREAS, the State and City intend for this agreement to be for one year, in the amount
of $5,004.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
The City Manager or his designee is authorized to execute an Ynterlocal Agreement with
the Texas Department of Transportation in the total amount of $5,004.00 for the purpose of
funding State inspectors for off -site fabricated materials related to the Dirks Road Crossing.
Adopted this 22nd day of October, 2013,
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Mary J. Ka • siiy, City ' ecretary __ _ I
MAYOR AND COUNCIL COMMUNICATION MAP
20DIRKS ROAD PHASE II INTER-LOCALAGREEMENT
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Copyright 2013 Ciy of Fort Worth. Unauthorized reproduction is a violation of applicable laws.
This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying
purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries.
The City of Fort Worth assumes no responsibility for the accuracy of said data.
City Project# 00768
DOE# 6793
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/22/2013 — Resolution No. 4252-10-2013
DATE: Tuesday, October 22, 2013 REFERENCE NO : **C-26513
LOG NAME: 20DIRKS ROAD PHASE II INTER —LOCAL AGREEMENT
SUBJECT:
Adopt Resolution Authorizing an Interlocal Agreement with the Texas Department of Transportation in the
Amount of $5 004.00 to Provide Material Inspection and Testing Services for Various Structural Elements
Fabricated Off —Site for the Construction of Dirks Road Phase 2 (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution authorizing execution of an Interlocal
Agreement with the Texas Department of Transportation in the amount of $5,004.00 to provide material
inspection and testing services for various structural elements fabricated off —site for the construction of Dirks
Road Phase 2.
DISCUSSION:
Independent verification, inspection, and testing are required to insure that the quality of the materials and
workmanship incorporated into the construction of the project are in conformity with the requirements of the
approved plans and specifications
This Interlocal Agreement is to fund Staff from the Construction Division of the Texas Department of
Transportation (TxDOT) to provide material inspection and testing 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). This also includes materials acceptance services. Inspections will be
performed in compliance with the approved plans and specifications, as well as, instructions supplied by the
City in accordance with Federal Aid funding requirements. Written inspection or test reports will be provided
to the City in accordance with TxDOT's existing policies as inspection and testing services are performed by
TxDOT.
Funds for this Amendment will be provided from the 2007 Critical Capital Projects Fund.
This project is located in COUNCIL DISTRICTS 6, Mapsco 102B, 102C and 102D.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the 2007 Critical Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C295 539120 203230076883 $5.004.00
CERTIFICATIONS:
Submitted for City Manager's Office bv:, Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Dennis R. Ingram (2294)
ATTACHMENTS
1.00768 FAR21.ndf
2. 20DIRKS ROAD PHASE II ILA Maandf
3. 46-4ILF6010 Citv of Fort Worth ILA — Final 9-30-13.doc
4. C295 99901 docx
5. Dirks Road Phase 2 Interlocal Agreement Resolution (Rev10.10.13).doc
Contract No 46-4ILF6010
ATTACHMENT E
LOCATION MAP FOR SHOWING PROJECT
(LOCATION MAP(S) ATTACHED AND MADE A PART OF THIS AGREEMENT.)
DIRKS ROAD PHASE II (ALTAMESA BOULEVARD) FROM SH 121 TO GRANBURY ROAD
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Interlocal—Interlocal TxDOT
Page 1 of 1
Attachment E
Revised 3/6/2013