HomeMy WebLinkAboutContract 28324 01-1 ,:�.—0 3 P 'I '� :'�. '1 I Pd CITY TRINITY RIVER AUTHORITY OF TEXAS—ONT R SECRETARY AT NO.
CITY OF FORT WORTH �
INTERLOCAL AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into as of the 28th day of February, 2001, by
and between the TRINITY RIVER AUTHORITY OF TEXAS, a conservation and reclamation
district created by and functioning under Chapter 518, Acts of the 50 Legislature of the State of
Texas, Regular Session, 1955, as amended, pursuant to Article XVI, Section 59 of the Texas
Constitution (hereinafter called "AUTHORITY"), and the CITY OF FORT WORTH, TEXAS, a
municipal corporation of the County of Tarrant, State of Texas, (hereinafter called "CITY").
WITNESSETH:
WHEREAS, this Interlocal Agreement is made under the authority granted by and
pursuant to V.T.C.A., Government Code, Chapter 791, known as the Interlocal Cooperation Act;
and
WHEREAS, the AUTHORITY owns and operates the Central Regional Wastewater
System (hereinafter called "CRWS")which receives wastewater from the cities of Addison,
Arlington, Bedford, Carrollton, Cedar Hill, Colleyville, Coppell, Dallas, Duncanville, Euless,
Farmers Branch, Fort Worth, Grand Prairie, Grapevine, Hurst, Irving, Keller, Mansfield, North
Richland Hills, Southlake, and the Dallas/Fort Worth International Airport; and
WHEREAS, the AUTHORITY owns and operates the Tarrant County Water Supply
Project (hereinafter called "TCWSP")which supplies water to the cities of Bedford,Euless,
Colleyville, and portions of North Richland Hills and Grapevine; and
WHEREAS, the Texas Department of Transportation (herein after called "TxDOT")
intends to construct improvements along Trinity Boulevard, and the CITY/TxDOT is responsible
for the relocation of existing utilities within the existing and expanded right-of-way; and
WHEREAS, the AUTHORITY has established the need to adjust a portion of the Bell
Outfall Trunk Sewer, West Fork Interceptor Extension, Section 1-A-2, and West Fork Interceptor
Extension, Section I-A-3 in the in the CRWS and the 30-and 48-inch diameter raw water
pipelines, 8-inch diameter drain line, and 20-inch diameter emergency connection in the TCWSP
(hereinafter called "PROJECT") in conjunction with the proposed improvements; and
WHEREAS, the CITY, in paying for the performance of governmental functions or in
performing such governmental functions, shall make payments therefore only from current
revenues legally available to CITY; and
WHEREAS, the AUTHORITY and the CITY desire to proceed with the construction of the
PROJECT subject to the terms and conditions to follow.
NOW THEREFORE, the foregoing parties to this AGREEMENT agree 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:
Wick RECORD
����I5illr�itS�
0W DEIR VEER
i
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A. means any one or more ofthe
(1) eOgiD*ehOg. onchitmotuFa|, leoo , bUe. eamernentacquisitioO' fimcal. o[
economic investigations or studies, aun/eya' designs, plans, work
drawings, specifications, or other necessary actions, including
administrative overhead;
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(2) ereoUng, bui|diDQ, aoquihng. altering, remodeling, iDnpnzving, or extending
an interceptor, sanitary sewer or water supply project; mnd
(3) the inspection or supervision of any items listed above;
B. "pROJECF' io further defined herein aa the following adjustments:
M\ The installation of
approximately 25 feet of additional embedment protection in the form ofo
concrete cap over the 33-inoh diameter pipe iSrequired;
(2) The installation of
approximately 1400 feet of additional embedment protection in the form of
a concrete cap over the 8O- and 48-iDoh diameter pipes iarequired
between Green Belt Road and Raider Drive. The installation of'
approximately 1000 feet of additional embedment protection in the form of
a concrete cap over the 3O- and 48-inoh diameter pipes io required inthe
area of the Sulfur Branch tributary. The adjustment #f three valve boxes at
the pigging station, and the adjustment of the blow-off lines at the Sulfur
Branch tributary are required;
EA The removal of the cone and o portion ofthe
barrel of the manholes located at Stations 25+81'D2 and 24*42.17. and a
structural cap poured /n their place is required. The construction of
manhole outside the hght-of- va*on each side of Trinity Boulevard ia
required;
MA The abandonment ofthe 8-inuh diameter sewer line
and all of its manholes, from the tie-in to Bell {]utfoU Trunk Sewer
eastward to the T[%&SPtreatment plant, and internal routing changes at
the plant are required;
(5) The relocation of the 20inchdiameter
pipe approximately five feet tothe east and seven feet lower isrequired;
and
(6) The installation of
approximately 150 feet of additional embedment protection in the form of
concrete cap im required within the Formed placement ofthis
concrete |arecommended adjacent to the bridge piers and the bridge piers
will need tobecased; and
C. "PROJECT COSTS" means all cost and expenses incurred iO relation to
construction of the PROJECT as necessary including without limitation for
construction costs, costs of machinery, equipment and other capital aoamta
incidental and relating to the construction of the PROJECT.
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Section 2. PROJECT SCOPE. The AUTHORITY, ason independent contractor, will
commence and complete within the term of this AGREEMENT, the construction and inspection
of the PROJECT.
Section 3. CONDITIONS PRECEDENT. The obligations on the part of the AUTHORITY
and CITY shall bm conditioned oO the following:
A. TxDOT has let the construction contract for the ThOib/ Boulevard Project;
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B. The Preliminary Engineering Report prepared bvGarcia &Associates, |nn.. and
completed in January 2001, identified the impacted facilities, outlined the
recommended adjustments, identified the Authority owned easements, and
estimated the probable construction costs. Based on the report, the estimated
construction cost for the AUTHORITY is $97,000 and the estimated construction
cost for the C|TlDr7xOOTis $76'OOO/$78.0O0 ($152'OOO)' for a total estimated
construction cost of$249.00O. For the purposes of this AGREEMENT, the
estimated obligations oO the part of the AUTHORITY have been established gs
Q8.86Y6Pf the PROJECT COSTS and the estimated obligations on the part of the
C|TY/TxDOT have been established aa3O.52Y6/3D.52Y& (G1.O4Y6) ofthe
PROJECT COSTS;
,
C. The adjustments on the West Fork Interceptor Extension, Section 1_A-2 and
TC28SP 30- and 48-Inch Diameter Raw Water Pipelines are within AUTHORITY
owned easements;
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D. The adjustments on the West Fork Interceptor Extension, Section 1-A-8, Bell
Outfall Trunk Sewer, TCWSP Drain Line, and TCWSP Emergency Connection are
within Trinity Boulevard hQht-of- vav;
E. The CITY has acquired the hQht- and construction easements required for
the construction of Trinity .Boui�vgrd' and
.
F. The AUTHORITY has provided the CITY a copy of the Preliminary Engineering
Report prepared by Garcia 2kAssociates, Inc.
Section 4. OBLIGATIONS OF THE CITY.
A. The adjustments of the West Fork Interceptor Extension, Section 1-A-2 and
TCWBP 30- and 48-Inch Raw Water Pipelines are the obligation of the CITY;
B. The CITY ah@U reimburse the AUTHORITY a pro-rata share of the preliminary
engineering fees identified }Othe Engineering Services Agreement (ESA)
approved bv the AUTHORITY'S Board of Directors iD October 2OOU. The
C|TY7TxDOT'S estimated share io30.5296/30.5296 (61.04%) or
$7.441.28/$7.441.28 /$14.882'56\;
C. The CITY shall reimburse the AUTHORITY a pro-rata share of the PROJECT
COSTS. The QTY7Tx[]OT'Bestimated share is3O.5296/3O'52Y6 (61.04%) or
$93,480/$93,480 ($186,960);
D. The CITY shall reimburse the AUTHORITY for the preparation of the Three-Way
Joint-Use Agreements;
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E. The cost ofthe AUTHORITYS Land Rights and Construction Services Staff
personnel and their mileage shall bo paid bythe CITY to the AUTHORITY and
shall be computed according to the following formula:
(1) The actual salary cost hourly rate times a multiplier of 2.27 (non-
management) and 2.67 (management); and
CZ\ Direct expenses including personnel travel.
|tim estimated that the AUTHOR[7Y'GLand Rights personnel and mileage shall
not exceed Three Thousand Dollars ($3,000) and that the Construction Services
Staff personnel and mileage shall not exceed Fifteen Thousand Two Hundred
Dollars ($15,200). In the event that the actual personnel and mileage costs
exceed the estimated amounts, the CITY agrees to consider paying thaadditiona|
costs, which will be presented to the CITY bv the AUTHORITY; and
F. The CITY/TxDOT shall be 50%/50% (100%) responsible for the Land Rights costs
necessary to prepare the Three-Way Joint-Use Agreements, which im estimated to
be $1.500/$1'500 ($3.000).
Section 5. OBLIGATIONS QF THE AUTHORITY.
A. The adjustments of the TCWSP Emergency Connection, T[WSP Drain Line,
West Fork Interceptor Extension, Section 1-A-3' and Bell OutfaU Trunk Sewer are
the obligation of the AUTHORITY;
B. The AUTHORITY shall prepare ESAa for the design of the adjustments for the
TCWSP 30- and 48-Inch Diameter Raw Water Pipelines, TCVVGP Emergency
Connection, TCxSP Drain Line. and West Fork Relief Interceptor, Section 1-A-2;
C. The AUTHORITY shall prepare the design :fthe adjustments for the West Fork
Interceptor Extension, Section 1-A-3 and Bell [)utfaUTrunk Sewer in-house;
D. |f requested bwthe CITY, the AUTHORITY shall provide construction plans,
specifications, land right*s documents, and contract documents related to the
PROJECT to the CITY once they are complete;
E. The AUTHORITY shall solicit three (3) bids for the construction of the West Fork
Interceptor Extension, Section 1_A-3 adjustments and award the construction
contract. The AUTHORITY or its contractors shall obtain all O0adeha|` labor, and
equipment necessary for the admniniatnation, oonotruotion, and inspection of said
acUu��rn�Ot�'
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F. The AUTHORITY shall solicit three (3) bids for the construction of Bell QutfaO
Trunk Sewer adjustments and aVvgFd the construction contract. The AUTHORITY
or its contractors shall obtain all material, labor, and equipment necessary for the
administration, construction, and inspection of said adjustments;
G. The AUTHORITY shall advertise ag one project endopenbidofortheooOmtruotion
of the TCVVSP3D- and 48-iDoh Diameter Raw Water Pipelines, T{%W8P
Emergency Connection, TCWSP Drain Line, and West Fork Interceptor Extension,
Section 1-A-2adjustments. The AUTHORITY shall notify the CITY ofthe bid
amount for the TCVVSP3O- and 48-|Dch Diameter Raw Water Lines and West
�
Fork Interceptor Extension, Section 1-Ar2 adjustments (estimated to he $152.000)
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and obtain written approval from the CITY to award a construction contract for
said adjustments. The AUTHORITY shall award the construction contract and the
AUTHORITY or its contractors shall obtain all material, labor, and equipment
necessary for the administration, construction, and inspection of the said
adjustments. The AUTHORITY shall obtain the CITY'S written concurrence of all
change orders related to the TCWSP 30- and 48-Inch Diameter Raw Water Lines
and West Fork Interceptor Extension, Section 1-A-2 adjustments, said
concurrence not to be unreasonably withheld; and
H. The CITY agrees and does hereby grant the AUTHORITY the right to access and
work within the Trinity Boulevard right-of-way and any CITY owned construction
and maintenance easements contiguous to the right-of-way.
Section 6. FISCAL PROVISION. The AUTHORITY and the CITY shall be responsible for
pro-rata shares of the PROJECT COSTS for AUTHORITY utility adjustments made necessary by
the construction of Trinity Boulevard. The estimated percentage shares and amounts for the
PROJECT COST are as follows:
CITY 30.52% Preliminary Engineering $ 7,441.28
Design $ 9,880.00
Construction Costs $ 76,000.00
Inspection $ 7,600.00
Land Rights $ 1,500.00
$102,421.28
TxDOT 30.52% Preliminary Engineering $ 7,441.28
Design $ 9,880.00
Construction Costs $ 76,000.00
Inspection $ 7,600.00
Land Rights $ 1,500.00
$102,421.28
CITY/TxDOT 61.04% Total $204,842.56
AUTHORITY 38.96% Preliminary Engineering $ 9,497.43
Design $ 12,610.00
Construction Costs $ 97,000.00
Inspection $ 9,700.00
$128,807.43
Within sixty (60) days following completion of the PROJECT and its acceptance by the
AUTHORITY, the AUTHORITY will conduct a final cost accounting of the PROJECT COSTS to
determine the CITY and AUTHORITY'S actual obligation. The AUTHORITY shall submit a
statement to the CITY for the PROJECT COSTS and CITY shall pay the statement within thirty
(30) days after the statement is received.
Section 7. TERM OF AGREEMENT, NOTICES.
A. TERM OF AGREEMENT. This AGREEMENT shall be effective upon execution
hereof and shall continue in force and effect until December 1, 2001, at which
time AGREEMENT will terminate, unless mutually extended by both parties. The
obligations contained in this AGREEMENT shall survive termination of this
AGREEMENT except where otherwise indicated by context.
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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:
AUTHORITY:
Trinity River Authority of Texas
P.O. Box 240
Arlington, Texas 76004-0240
Attention: Warren N. Brewer
Northern Region Manager
CITY:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Hugo Malanga, P.E.
Director
Transportation and Public Works Department
Section 8. LEGAL CONSTRUCTION. In case any one or more of the provisions
contained in the AGREEMENT shall be for any reason held to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision
hereof and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision has never been contained herein.
Section 9. INDEMNIFICATION. To the extent allowed by law, CITY and AUTHORITY
do hereby release, indemnify and hold each other and their respective officials, agents and
employees, in both their public and private capacities, harmless from any and all liability,
claims, costs, and expenses arising out of the performance of the AGREEMENT due to
their own respective negligence or that of their officials, officers, or employees.
Section 10. IMMUNITY. It is expressly understood and agreed that in the execution of
this AGREEMENT, no party waives nor shall be deemed 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 11. GOVERNING LAW. The validity of this 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 12. PLACE OF PERFORMACE. All amounts due under this AGREEMENT,
including damages for its breach, 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.
IN WITNESS WHEREOF, the parties action 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 and as of the day and date first written above.
CITY OF FORT WORTH TRINITY RIVER AUTHORITY OF TEXAS
rte'
ARC A. TT, ssistant Ci Manager DANNY F. VAN E, G neral Manager
ATTEST: ATTEST:
GLORIA P ARSON, City Secretary JAMES L. MURPHY, Seq(/etah
� `� �{ Board of Directors
t -6 f�P)I (SEAL)
contract Authorization
( I '4--� 10
Date
APPROVED AS TO LEGALITY:
By:
Name P ' , stant City Attorney
Title
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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:
AUTHORITY:
Trinity River Authority of Texas
P.O. Box 240
Arlington, Texas 76004-0240
Attention: Warren.N. Brewer
Northern Region Manager
CITY:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Robert Goode, P.E.
Director
Transportation and Public Works Department
Section 8. LEGAL CONSTRUCTION. In case any one or more of the provisions
contained in the AGREEMENT shall be for any reason held to be invalid, illegal, or
unenforceable in.any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal, or
unenforceable provision has never been contained herein.
Section 9. INDEMNIFICATION. To the extent allowed by law, CITY and AUTHORITY
do hereby release, indemnify and hold each other and their respective officials, agents
and employees, in both their public and private capacities, harmless from any and all
liability, claims, costs, and expenses arising out of the performance of the AGREEMENT
due to their own respective negligence or that of their officials, officers, or employees.
Section 10. IMMUNITY: It is expressly understood and agreed that in the execution of
this AGREEMENT, no party waives nor shall be deemed 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 11. GOVERNING LAW. The validity of this 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 12. PLACE OF PERFORMACE. All amounts due under this AGREEMENT,
including damages for its breach, 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.
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 **C-19362 20REIMBUR 1 of 2
SUBJECT INTERLOCAL AGREEMENT WITH THE TRINITY RIVER AUTHORITY OF TEXAS FOR
REIMBURSEMENT OF UTILITY RELOCATIONS FOR THE CONSTRUCTION OF
TRINITY BOULEVARD FROM GREENBELT ROAD TO FM157
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal•Agreement
with the Trinity River Authority of Texas (TRA) for reimbursement of utility relocations for the construction
of Trinity Boulevard from Greenbelt Road to FM157.
DISCUSSION:
On October 25, 1994 (M&C G-10853), the City Council accepted the Texas Department of
Transportation's (TxDOT) Minute Order No. 104369, dated September 29, 1994, for the construction of
Trinity Boulevard from Greenbelt Road to FM157. The City of Fort Worth agreed to:
® Provide 50% of the cost of right-of-way; and
® Provide 50% of the cost of utility adjustments; and
® Provide for the cost of construction in excess of federal funding; and
0 Maintain the street after construction is complete.
By entering into this Interlocal Agreement with the TRA, the City agreed to reimburse the TRA in the
amount of $242,374.30 for utility relocations related to this project. TxDOT is responsible for 50% of
these costs. TxDOT has already issued a credit in the amount of$100,000.00 to the City and will issue
an additional $21,187.15 credit upon notification from the City that reimbursement has been made to
the TRA.
While funds are available in the 1998 Capital Improvement Program (CIP) regional projects account,
they were not specifically approved for this project, but rather for other' 1998 CIP-voted regional
projects. In the interim, staff recommends using these approved funds; however, this utility expense
and other projected additional expenses will be included in a list of unfunded needs which will be
presented to the City Council, along with funding options, in the near future.
The project is located in COUNCIL DISTRICT 5.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 **C-19362 20REIMBUR 2 of 2
SUBJECT INTERLOCAL AGREEMENT WITH THE TRINITY RIVER AUTHORITY OF TEXAS FOR
REIMBURSEMENT OF UTILITY RELOCATIONS FOR THE CONSTRUCTION OF
TRINITY BOULEVARD FROM GREENBELT ROAD TO FM157
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
MO:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:.
Robert Goode 7804 (from) APPROVED 11/26/02
C115 541200 020115021211 $242,374.30
Additional Information Contact:
Robert Goode 7804