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HomeMy WebLinkAboutContract 45333 (2)Contract No 46-4ILF6010 THE STATE OF TEXAS § THE COUNTY OF TRAVIS §f, , Qe3 t,s5133-cr CCBR Gli 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] rico ZA7i8Prillip RECEIVED FEB 0 7iflfl 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: • Douglas V\)Wiersig v "Th Director, Transportation and Public works Department APPROVED AS TO ATTEST: Douglas W. ack Assistant City Attorney AND LEGALITY: r' Mary J. kaysU/ City Secretary FOR THE STATE OF TEXAS MSG ZCS /3 i t\ 0 0 0 d cr:to 4-zat Al a ,J letrA 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 ,� ®s, oa o00 0 v ri ji• e %its% IJ t o ��r oz 0 o �o 4 9'� �0oooo� �a o ‘444,,r,extkt 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, . /'40000oo04y, o ATTEST: /ate 5) (>0 131 1416.1wIrr 11,1 By: 1 06dAA a G� Mary J. Ka • siiy, City ' ecretary __ _ I MAYOR AND COUNCIL COMMUNICATION MAP 20DIRKS ROAD PHASE II INTER-LOCALAGREEMENT a1/4,7 4f/ I /'II Hi TOBIE LAYNE VERNON CASTLE RANDE Ben brook Lake • LOOP 820 J. OAk (ALT MESA I %/ �� RIDGE l `OVERTO N,- 1 1 I I I s i en OAKMONT l�I 1�/ • Ft t=.T 0!j a mid . r DETAIL OF PROJECT LOCATION '' J ULE N r CLEB URNE 0 WESTDALE OJ 0) 2,000 4,000 Ft ti • ■ 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 I DETAIL ars— /Zer`„ oo Benbrook Lake OF. PROJECT. LOCATION CaynpY 2311 Ct/ of FM Wart_ al MN product h R[ lonralcrS purposes zrd ma4" net Brae 1 dam not repre set art on-t e-Woutd nrvey aid re,r-s.3s Dray 7Te Cty at Fat Werth assures ru razratsttf Tartoe emracyatsffia data. eclat, ence eet e mason of property A •17- RNE L [. µ, i L J Lin" • 7,CA6 4,006 1Ft City Project# 00768 DOE# 6793 • Interlocal—Interlocal TxDOT Page 1 of 1 Attachment E Revised 3/6/2013