HomeMy WebLinkAboutContract 28324 (2)I Ci��� ���n�����
TRINITY RNER AUTHORiTY OF TEXAS����-����� �
CITY O� FORT WORTH � ----
INTERLOCAL AGREEMENT
STATE OF TEXAS §
COUNTY �F TA�iRANT §
THIS AGR�EMENT is made a�d entered into as of the 28th day af February, 2D0�, by
and between the TRINITY RIVER AUTHORITY OF TEXAS, a conservation ant� reclamatian
dis#rict created by and functioning under Chapter 518, Acts of the 54'h Legislature of the State of
Texas, Regular Session, '�955, as amended, pursuant to Article XVI, Section 59 of the Texas
Consti#ution (hereinafter called "AUTHORiTY'"), ancf the CITY �F �'ORT W�RTH, TEXAS, a
municipal corporation of the County of Tarrant, State of Texas, (here�nafter called "CiTY"}.
WITNESSETH:
WHEREAS, this InterEocal Agreement is made under the authorify grant�d by and
pursuant to V.T.C.A., Govemment Code, Chapter 791, knowr� as the interlocal Caoperafion Ac#;
and
WHEREAS, the AUTHORITY owns �nd o�erates the Central Regional Wastewa#er
System (hereir�after called "CRWS"} wF�ich recei�es wastewater from #he cities of Addiso�,
Arlin�tan, Bedford, Carrallton, C�c�ar Hill, Colleyville, Coppell, Dallas, Duncanville, Euless,
Farmers Branch, Fort Worth, Grand Prairie, Grapevine, Hurst, Irving, Keller, Mansfreld, North
Richland Hills, Southlake, a�d the DalfaslFart Worth International Airport; and
WHEREAS, the AUTHORITY awns and operates the Tarrant County Water Supply
Project (hereinafter called "TCWSP") which supplies wafer to tF�e citFes of Beciforci, Euless,
Colleyville, and portions of North Richland Hills and Grape�ine; and
WHEREAS, the Texas Department af Transpartafion (herein after called "TxDOT")
intends to construci improuements along Trini#y 6oulsvard, and #he CITYITxD�T is responsible
for the relocation of existing utilities within the exis#ing and expanded right-flf-way; and
WHEREAS, the AUTH�RITY has established the need to adjust a portion of ihe Bell
Outfall Trunk Sewe�, West Forlc Int�rcepfor E�ctension, Section 1-A-2, and West Fork Ir�te�ceptor
Extension, Section I-A-3 in fhe in the CRWS and fhe 30-and 48-inch diameter raw water
pipelines, 8-inch c�iameter drain lir�e, and 20-inch diameter emergency connection in the TCWSP
(hereinafter cailed "PROJECT"} in conjunction with ihe }�roposed improvements; and
WHEREAS, fhe CiTY, in paying for the performanc� of governmental functions or in
performing such governmental funcfions, shall rnals� payments therefore only from current
re�er�ues legal�y available to ClTY; and
WH�R�AS, the AUTHORITY anci the CITY desire to praceed with fhe construction o# the
PROJECT subject to the terms and conditions to folfow.
NOW THEREFOR�, the faregaing parties to this AGREEMENT agree as foliows:
Section 1. DEFINITION OF TERMS. Terms and expressions as used in this
AGREEMENT unless t#�e conte�ct shows otherwise, shall have the following m�anings:
� ,.�"� ������.
� �.
A. "Construction" means any one or more of the follawing:
(1) engineer�ng, architec#u�al, legal, #it1e, easement acquisition, fiscal, or
economic �nvestigations or studies, surveys, tfesigns, plans, work
drawings, specificatians, or other necessary actions, inclutfing
admi�istrative o�erhead;
(2) erecting, building, acq�iring, alte�ing, remodeling, impraving, or extending
an interceptar, sanitary sewer or water supply project; and
{3) the inspection or supervision of any items listed above,
B, "PROJECT" is further defined herein as the fvliowing adjustments:
(1) West Fork Intereeptor Ext�nsion. Secfion I-A-2: The installation of
approxima#efy 25 feet of additional embedment protection in the form af a
concrete cap over the 33-inch diameter pipe is required;
(2) TCWSP 30-and a8-Inch Raw Water Pipelines: The installation of
approximately 1404 feet of additional embedment protection in the form of
a concre#e cap aver #he 30- and 48-ir�ch diameter pipes is requEred
between Green Belt Road anc� Raider Drive. The installation of
approximately 1000 feet of additional embedment protsction in the form of
a concre#e cap aver the 30- a�d 48anch diame#er pipes 9s required in the
area af the Sulfur Branch tributary. The adjustment of fnree valve boxes at
the pigging stafion, and the adjustment of the blow-of# lines at the Sulfur
Brar�cf� tributary are reguired;
(3) Bell Outfall Trunlc Sewer: The removal of the cone and a portion af the
barre� of fhe manhol�s locaied at Stations 25+�1.02 and 24�-42.17, and a
structural cap poured in the�r place is required. The construction of a
manhale outs9de the r�ght-of-way an each side of Trinity Boule�ard is
required;
(4) TCWSP Drain Line: The abandonment of the 8-ir�ch diame#er sewer line
and all af i#s manholes, from the tie-in to 8ell Outfall Trunk 5ewer
eastward ta the TCWSP treatment plant, and int�rnal routing changes at
the plant are required;
(5) TCWSP Emeraencv Connectio�: The relocation of t�e 2�-inch diameter
pipe appraximate�y f�e feet to the east and seven feet lower is required;
and
{6) West �'ork Interceqior F�cfension. 5ection 1-A-3: The installation of
approximateiy 150 feet of additional embedment profection in the farm of a
concrete cap is required wiihin the �ight-of-way. Formed placement of this
concreie is recommended adjacent to the bridge piers and #he bridge piers
will need to be cased; and
C. "PROJECT COSTS" means all cost and expenses incurred in relation to
cons#ructian of the PROJEC� as necessary including without limitation far
construction costs, costs of machinery, equipment and ot}�er capita! assets
incidental and relating to the consfruction of the PROJECT.
2
5ection 2. PRQJECT SCOPE. The AUTH�RITY, as an ind�p�ndent contractar, wiil
corr�mence and complete within the term of this AGREEMENT, the construction and inspection
of the PROJECT.
5ection 3. CONDITIONS PRECEDENT. The obligatians on the part of the AUTHORITY
and CITY shal4 be conditioned on the follawing:
A. TxDO� has ke# the canstruction contract for the Trinity Boufevard Project;
B. The Preliminary Enginesring Report prepared by Garcia & Associaies, Inc., and
completed in .lanuary 2001, id�ntifed the impacted facilities, outlined the
recommended adjustments, identiiied the Authority owned easements, and
estimated the probable constructian costs. Based on the repart, the estirr�afed
construction cast for the AUTHORITY is $97,OgA and the estimated construction
cost far the C{TYITxDOT is $76,4001$76,OD0 ($152,OOfl), for a totai estimafed
eonstruction cast of $249,000. Far the purposes of this AGREEMENT, the
estimated obligations on the part of the AUTHORITY have been establis�ed as
38.9fi% o# the PROJECT COSTS and the estimated obligatians on fhe part of the
CINITxDOT have been established as 30.52°,�0130.52% (61.04%) of #he
PROJECT COSTS;
C. The adjus#ments on the West Fork Interceptor Extensio�, 5eetion �-A-2 and
TCWSP 34- and 4�-Inch diameter Raw Water Pipelines are within AUTHORITY
owned easements;
D. The adjustments on the West �ark interceptor Extension, Section 1-A-3, Bell
Ouifall Trunk Sewer, TCWSP Drain Line, and TCWSP Emergency Cannectio� are
within Trinity �ouEevard r�ght-of-way;
E. The CITY has acquired t#�e right-of-way anci construction easements required for
the construction af Trinity Boulevard; ar�d
F. The AUTHORITY has pravided the CITY a copy of the preliminary Engineering
Report prepared by Garcia & Associafes, fnc_
Section 4. OBLIGATIONS OF THE CITY.
A. The adj�stments of the West Fork �nterceptor Extension, 5ection �-A-2 and
TCWSP 30- and 4$-Inch Raw Water Pipelines are the obligaiion a� the CITY;
B. The CITY shall reimburse the AUTHORITY a pro-rafa share of the preliminary
engineering fees identified in the Engineering Servics� Agreement (ESA)
app�oved by the AU�HORITY'S Board of Directors in Oc#aber 2a00. TF�e
CiTY1Tx�0�'S estirr�at�d s�are is 34.52%13�.52% (61.04%) or
$7,44'i.281$7,441.28 (�14,882.56);
C. The CITY shal! reimburse the AUTHORITY a prarata sFtare oi t�e PROJECT
COSTS. The CITYfTxDOT'S estimated share is 30.52%130.52% {B1.Q4%) or
$93,�48DI$93,480 ($'i86,960);
D. The CITY shall reimburse f�te AUTHORITY for t�e preparation vf the Three-Way
Jaint-Use Agreements;
3
E. The cost of the AUTHORITY'S Land Rights and Construction Services Staff
personnel and their mileage shall be paid by the CITY to the AUTHORITY and
shail be computed according ta the fallowing formula:
{1} The actual salary cost hourly rate times a multiplier af 227 (non-
management) and 2.fi7 (managemeni); and
(2) Direct expenses including personnel tra�el.
if is esfimated that the aUTHORiTY'S Land Rights personnef and mileage shal!
no# exceed Three 7housand DolEa�s ($3,q0�) and that the Constructian Services
Staff persar�nel and mileage s�►all nat exceed Fifteen Tnousand Two Hundred
Dallars (�1�,204). In the event fhat the actual personr�el and mi{eage costs
exceed the estimated amounts, the C�TY agrees to cnnsider paying the additional
costs, which wil! be presented to the CITY by the AUTHORfTY; a�d
�. The CITYITxDOi shall be 50%150% ('!00%) responsible for fhe Land Rights costs
necessary to prepare the TY�ree-Way Jaint-Us� Agreements, which is estimated to
be $1,�001$1,500 ($3,000).
Section 5. OBLIGATtONS OF THE AUTHORITY.
A. The adjus#ments of the TCWSP Emergency Gonnectian, TCWSP ❑rain Line,
West Fork Interceptor Extension, Section 1-A-3, and Bell 4utfall Tru�tk 5ewer are
the abligaiian af the AUTH�RITY;
B. The AUTH�RITY shall �repare ESAs for the design of the adjustments for the
TCWSP 34- and 48-fnch Diameter Raw Water Pipelines, TCWSP Emergency
Connection, TCWSP Drain Line, and West Fork Relief Inferceptor, Section 1-A-2;
C. The AUTH�RITY shall prepare the design of the adjustments far the W�st Fork
Infercepfor Extension, Section 1-A-3 and Befl Outfall Trunk Sew�r in-house;
D. If requested by the CITY', the AUTHORITY shail provide construc#ian plans,
specifications, land rights docurnents, and contrac# dacuments related to the
PRO,�ECT to the GTY once they are camplete;
E. The AUTHORITY shall solicit three (3) bids fnr the consiruction of the West Fark
Interceptor Extens�on, Section 1-A-3 adjustments and award the construction
contract. The AUTHORITY or its cantractars shall obtain all material, labor, and
equipment necessary for the administratior�, construction, and inspection of said
adjustments;
F. The AUTHORITY shali solicit three (3} bids for the canstruction of Bell Outfall
Trunk Sewsr adjustments and award the cons#nfction contract. The AUTHORITY
or its contractors shall obtain all material, labor, and eqt�ipmenf necessary for the
adminisfratior�, construcfion, and inspection of said acljustments;
G. The AUTFiORITY sha11 ad�ehise as one project and open bids for ihe construciion
of the TCWSP 30- and 48-Inch Diameter Raw Water Pipetir�es, TCWSP
Emergency Conr�ecfion, TCWSP Drain Line, and West Fork Interceptor Extension,
Section 1-A-2 ad�ustments. The AUTHORITY shall notify the CITY af the bic#
amount for the TCWSP 30- and 48-Ir�ch Diameier Raw Water Lines and West
Fork In#erceptor Eactension, Section 't-A-2 adjusfinents (estimated to be $152,fl00)
4
and abiain wriiten approval from the CITY to award a constructian cantract for
said adjustments. The AUTHORITY shall award the co�struction contract and the
AUTHORITY or its contrackars shal{ obtain all ma#erial, iabor, and equipment
rtecessary for #he administration, constructian, and inspec#ian of th� said
adjustments. The AUTHORITY shall obtain the CITY'S written concurrence of all
change arders related to the TCV1lSP 30- and 48-Ir�ch �iameter Raw Water L.ines
and Wesi Fork Interceptar Extension, Sectian 1-A-2 adjustments, said
cancurrenc� not to be �nreasonably withheld; and
H. The C1TY agrees and does hereby grant the AUTH�RITY the right to access and
work within the Trinity Boulevard right-of-way and ar�y CITY owned constructian
and maintenance easernents contiguous to the right-of-way.
5ection 6. FISCAI. PR�VISION. The AUTHORITY and the CITY shali be responsible for
pra-raia shares of the PROJECT C�STS for AUTHORITY utility adjustments made necessary by
th� cortstruc#ion of Trin'tty Boule�ard. The estimated percentage shares and amounts for t�e
PROJECT COST are as follnws:
�
TxDOT
30.�2% Preliminary Ertgirseering
Design
Construckion Costs
Ir�spection
Land Rights
30.52°/Q Preliminary Engineering
Design
Cansfructian Costs
lnspection
Land Rights
CITYITxDOT 61.D4%
AUTH�RITY 36.9fi%
Tatal
I'reliminary Engineering
Design
Construction Costs
Inspectian
$ 7,441.28
$ 9, 880.00
$ 76,OQD.04
$ 7,6�O.D�
$ 1.SO�.�D
$1 �2,421.28
$ 7,441.28
$ 9,880.00
$ 76,�D0.00
$ �,soo.oa
� � .�oa.oa
$102,42'I .28
$244, 842.5fi
$ 9,497.43
$ 12,�10.�0
$ 97,0OO.OD
$ s.7oa.00
$128, 8Q7.43
Wiihin sixty (6Q) days follawing completian nf #�e PRDJECT and i#s acceptance �y ihe
AUTHORiTY, the AUTHOF�ITY wiEl conduct a final cost accounting af the PROJ�CT COSTS to
determine the CITY and AUTHORITY'S actual obliga#io�. The AUTHORiTY shall submit a
statement to the G17Y far the PR4J�CY C05TS and CITY shall pay the statement within thi�ty
(30) days after the statement is received.
Sectio� 7. TERM OF AGR�EMENT, N�TIGES.
A. TERM OF' AGRE�{IA�NT. This AGREEMENT shall be sffective upon execution
hereof and shall eontinue in force and effecf until December 1, 2QD1, at which
time ACR��MEN� will terminat�, unless mutually extended by both parties. The
obligations contained in this AGRFFNiENT shall survive termination of this
AGREEII,+IENY except where otherwise indicated by context.
5
B. NOTICES. All notices or communications pro�ided for herein shal! b� deli�ered to
AUTH�RITY and CITY or, if mailed, shall be sent 10 AUTHORITY and C1TY at
their respective addresses. For the purpases of nofice, ihe addresses of the
parties, untif changed by written notice, shall be as foflows:
AL]THORITY:
Trinity Ri�er Authority of Tex�s
P.O. Box 240
Arlington, Texas 76004-Q240
CITY:
Attentian: Warren N. 6rewer
NorEf�ern Region Manag�r
City of Fort Worth
'�000 Thrac�Cmorton Stree#
Fort Worth, Texas 761 Q2
Att�ntian; H�go Malanga, P.�.
Director
Transportafion and Public Works Department
Section 8. LEGAL CONSTRUCTION. in case any one or more of the provisians
canfained in the AGREEMENT shall be for any reason held tQ be invalid, illegal, ar unenforceable
in any respect, such inval�di#y, illegality, ar ur�enforceabiliiy shalE nat affecf any ather pro�ision
hereof and this AGREEMENT shall be construed as if such invalEd, illega{, or unenforceabie
provision has ne�er been contained herein.
Section �. IF�I��I�i�I�ICAil01�, io the ex4�nf allowed by law, CIiY and AU�MO�I�'lf
do hereby r�efease, indemnigy a�nd hold each other and fiEteir respective ofr'icials, agents and
employ�es, in �ofih thei� public and priva4e capacifiies, ha�mEess from any and all liabilify,
claims, cos4�, and expenses a�ising au4 og the perFormanc� a�' 4he AGR��FiRl�[�Y due io
fheir� own respecii�e neglig�nee or fhaf of fihei� o�cials, officers, oY employees.
Section 1Q. IMMUNITY. It is ex�ressly undets#oad and agreed that in ihe executior� of
this AGREEMENT, no party wai�es nflr shall be deemed #o waive any immunity or def�nse that
would otherwise be available to it against clairns arising in the exercise of governrnenta! powers
and func#ions.
SecEion 11. GOVERNING LAW. The validity of this AGREEMENT and of any of its terms
or provisions, as well as the rights and ciufies hereunder, shall be go�erned by #he laws of the
S#a#e of Texas.
5ection 12. PLACE OF P�RFORMACE. AI� amo�nts due under #his AGREEMENT,
including damages far its hreach, shall be paid in Tarrant County, Texas said Tarrant Cou�ty,
Texas f�eirtg the place of performance as agreed to by the parties to this AGREEMENT. In the
ever�t that any legal proceeding is brought to enforce this AGREEMENT or any provision hereaf,
the same shall b� brought in Tarrant County, Texas.
�
IN WETNESS WHEREO�', the parti�s actian under autharity of their respective goveming
bodies ha�e caused this AGREEMENT to be duly execufed in se�eral counterparts, each of
which is desmed to be an original and 2s of the day and date fi�st wriften above.
CIYY Q� �OR� Ia1�OR�H
.--�
r �
,
ARC A. Tf, ssistant Ci �i Manager
TRENITY RIV�R AUiHORI`�Y O� T'E�S
,o .,
�
,
DANNY F'. VAN§L`E, G neral Manager
t
ATTEST:
�
�
:.� . �� _ _
�LORIA P�ARS�N, G'tty Secretary
� � �'' -
Contra�� Aut�iori�a��o�► .
� . . . _. � �.. _ �._._�_�--__-_
Date
APPROVED AS TO EGALITY:
By_ ��I
�} ��
Name P�S_�s���� �ity �it$oe��y
Tit�e
ATTEST:
��J
J�AMES L. MURPHY, 5e ef
Board of Directo�s
(S EAL)
7
B. NOTICE5. All notices ar communications �ro�ided for her�in shal[ be delivered
to AUTHORITY and CITY or, if mailed, shail be sent to AUTHORITY and C1TY at
their respective addresses. For the purposes of r�atic�, the addresses of the
pa�ties, until changed by written notice, shall be as follaws:
AUTHORITY:
Trinity River Autharity of Texas
P.O. Box 240
Arlington, Texas 76004-0240
CITY:
Attention: Vllarren N. Brewer
Northern Region Manager
City of Fart Worth
9000 Tf�rockmorton Street
Fo�t Worth, Texas 75102
Atter�tian: Robert Goode, P.E.
Directar
Transporta�ior� and Public Works Depa�ment
Section 8. LEGAL C�NSTRUCTION. In case any one or more ofi the pro�isions
cor�tained in the AGREEMENT shall be for any reason held to b� invalid, illegal, or
uner�forceable in any respect, such in�alidity, 'tll�gality, or unenforceability shall not affect any
otF�er pravisian hereof a�d this AGREEMENT shall be canstruer� as if such invalid, ilEegal, or
unenforceable provision f�as never been contain�d herein.
Sec�ion 9. lN��i�ll�lIFIGAiION. io �he �x�ent allowad by lauv, CI�Y and AIJTb�RITY
do hereby rel�ase, indemnify and holc! each ofher and fiheir respec#ive of�icials, agents
and employ�es, in both their public and pri�ate capacities, harmless from any and all
liability, cfaims, cosfs, and expenses arising out of the perrormance of fihe AGR��IV��IV�
due to th�ir awn respect�ve neglig�nce or that of their officiaCs, officers, or employees.
Section 1�. 1MMUNITY: It is expressly uritEerstood and agreed that in the executian of
this AGREEMENT, no party waives nor shall be deemed to waiae any imrriunity or defense that
would otherwise be avai4able to it against claims arising in the exercise of governmantal powers
and functions.
Section 11. GOVERNlNG LAW. The validity of this AGREEMENT and of any of its
terms or provisions, as weli as ihe rights and duties hereunder, shail be ga�erned 6y the laws of
the State af Texas.
Section '�2. PLACE OF PERFORMACE. All amaunts 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 fhis AGR�EM�NT. ln the
even# that any legal proceeding is brought ta enforce this AGREEMENT or any �rovision hereof,
the same shall be braught in Tarrant County, Texas.
E%�
C'ity of'�'or� Wor�h, Texas
Nf�yor �nd �ou�ci[ Commu�ic�-�ion
DATE R�FERENCE NUMB�R � LOG NAM�
11/26/02 **��� g���
2DREIMBI]R
PAGE
1 of 2
SUBJECT WTERI�OCAL AGREEMENT WITH TH� T�i�viT1� RiV�R AU'�i��f2�'� �r` O� TEXAS �OR
REIMBl1RSEMENT �F IJTILITY RELOCATiONS FOR THE C�NSTRUCTI�N 0�
TRINITY BOULEVARD F'ROM GREENBELT ROA� TO FM1�7
RECOMMENDATION:
]t is recammend�d that the City Council authorize t�e Gity Manager ta exe�u#e an Interlocal�Agreem�nt
with the Tr�nity Ri�er Autharity of Texas (TRA} for reimbursement of uti�ity relocatior�s far ihe canstructian
of Trinity Boulevard from Green�elt Road ta �M157. �
17��r1����t�7��
On October 25, '[ 99A� (M&C G-� 0853), the �tity Council accepted the Tex2�s Departmenf of
Transportation's {TxD�T) Minute Order Na. 104369, dated 5ep#amber 2�, 1994, for the construction of
Trinity Ba�leuard from Greenbelt Road to FM�57. The City of Fort Worth agreed to:
� Pro�ide 50% of the cost of rig�t-of-way; and
� Provide 50% of the cost of uti{ity adjustments; and
� Provide for the cost of construction in excess of federal #ur�ding; and
o Maintain the street after canstruction is complete.
By antering into this I�#erlacal Agreemen# with t�e TRA, ihe City agreed to reimburse the TRA in the .
amount o� $242,374.3� for utility relocations related to this project. TxDOT is res�onsibR� for 5Q% of
these casis. Tx�OT has already issued a credit in the amount of $1 DQ,O�D.00 to the City and will issue
an additiflnal $21,187.�5 credit upon notification from the City that reimbursement has been made to
the TRA.
Vllhile funds are available in the 1998 Capital lmprovement Program {GIP) regional projects account,
they were nat specifically approved for this projec#, but rather for other 1998 CIP-voted regior�al
projects. In the interim, staff reeammends using these appro�red funds; however, #his utility expense
and other pro�ected additiona[ expens�s wil� be included in a list of unfunded needs which will be
presented to t�e City Cauncil, along with funding options, in ti�e near future.
The project is located in COUNCIL DISTRICT 5.
C'ity of Fo�t �ort1�, 7'exas
f��yor ar�d Counc�l Conln�u�ic�tio�
DATE REFERENCE NLJMBER LOG NAME PAGE
11/26/02 **��� 9�6� 20RE1MBUR 2 of 2
SUBJECT 1NTERLOCAL AGREEMENT W1TH THE TRINITY RIVER A THORITY OF TEXAS FOR
REiMBURSEMENT OF UTELITY RELOCATIONS FOR THE CONSTRUCTION OF
TRINITY BOULEVAR❑ FROM GREENB�LT ROAD TD �M157
�ISCAL INFORMATIQNICERTIFICATION:
TF�e Finance Director ce�tifies that funds are availab[e in the current capital budget, as appropriated, of
the Street Improvements Fund.
MO:k
Snbmitted for City Manager's
Offrce by:
I FUND
� (to)
�
&476 I
ACCOUNT � C�NT�R f AMUUNT CITY SECRETARY
Marc Ott
Originating Department Head;.
Robert Goode
Additional Infnrmatian Contact:
Rnbert Goode
�
7804 I {from)
C11� �41200
�
7804 I
02�]115021211 $242,374.3Q
APPROVED 11/2G/Q2