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HomeMy WebLinkAboutContract 64070Docusign Envelope ID: 871 BD071-22A4-48F4-A521-C71 D1 D9D986C AMENDMENT NUMBER 1 TO MUNICIPAL MAINTENANCE AGREEMENT CSC No. 64070 FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF 54" Water Transmission Main in the City of Fort Worth LOCATED ON STATE HIGHWAY FM 1220 THIS AMENDMENT is made as of the date shown below as fully executed between the State of Texas, acting through the Texas Department of Transportation, (the "State") and the City of Fort Worth, acting by and through its duly authorized officers (the "City") (collectively, the "Parties"). RECITALS WHEREAS, the State owns and maintains a system of highways and roadways in the City pursuant to Transportation Code, Section 201.103, including FM 1220 in Fort Worth, Tarrant County, Texas; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement (the "MMA") on December 14, 2007 addressing the division of maintenance responsibilities for such State highways and roadways within the City; and WHEREAS, the City has requested permission to install underneath the State's right of way along FM 1220 a 54" Water Transmission Main the "Water Main"), at the location shown in Exhibit A-1, attached hereto and made a part of hereof; and WHEREAS, the State has determined that installation of the Water Main will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway, and therefore the proposed Water Main may be installed by the City or its contractor; and WHEREAS, the City has agreed to accept certain maintenance responsibilities for the section of FM 1220 shown in Exhibit A-1 and in compliance with the standards provided in Exhibit A-2; and WHEREAS, the Parties find it necessary to amend the MMA to address the foregoing matters. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the Parties, it is agreed as follows: AMENDMENT ARTICLE 1. CONTRACT PERIOD This amendment becomes effective on final execution by the State and shall remain in effect as long as said equipment is in operation at the described locations. ARTICLE 2. TERMINATION This amendment may be terminated by one of the following conditions: 1)By mutual agreement of both parties; 2)By the State giving written notice to the City as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this amendment, with proper allowances being made for circumstances beyond the control of the City or its contractor. The State's written notice to the City shall describe the default and the proposed termination date. If the City cures the default before the proposed termination date, the proposed termination is ineffective; or Docusign Envelope ID: B71BD071-22A4-48F4-A521-C71D1D9D9B6C Termination of this amendment shall not serve to terminate the underlying MMA. ARTICLE 3. COMPENSATION No compensation shall be paid for this amendment other than the City's agreement to take over certain maintenance obligations as described in Exhibits A-1 and A-2, at the City's sole expense. ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City or its contractor shall furnish and install all equipment related to the Water Main. B. No reimbursement shall be paid for any labor or materials supplied by the City or its contractor. C. All installation or maintenance work performed by the City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic Control Devices. ARTICLE 5. INSPECTION OF WORK A. The City or its contractor will furnish the State a complete set of design drawings and installation plans for review. The installation plans shall include all electrical, electronics, signing, civil and mechanical work. B. No installation may occur until the State has approved the proposed installation. C. The State reserves the right to inspect and approve the completed installation. D. The State will promptly notify the City or its contractor of any failure of materials, equipment or installation methods and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The Parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. THE STATE SHALL NOT BE HELD RESPONSIBLE FOR THE INSTALLATION, OPERATION, OR MAINTENANCE OF THE WATER MAIN OR FOR ANY BODILY OR PROPERTY DAMAGE CAUSED BY THE INSTALLATION, OPERATION, AND/OR MAINTENANCE OF THE WATER MAIN. THE CITY IS RESPONSIBLE FOR ANY DAMAGE OF ANY KIND THAT MAY OCCUR RELATING TO THE INSTALLATION, MAINTENANCE, OR OPERATION OF THE WATER MAIN. TO THE EXTENT ALLOWED BY LAW, THE CITY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE STATE FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSS, COST, OR DAMAGES ARISING OUT OF THE CITY'S BREACH OF THIS AGREEMENT, AND/OR ITS NEGLIGENCE OR WILLFULL MISCONDUCT, AND/OR RELATED TO THE WATER MAIN. ARTICLE 7. ROAD MAINTENANCE From the date work begins on the installation of the Water Main, the City agrees to be responsible for certain road maintenance obligations on the segment of FM 1220 as described in Exhibit A-1, and in accordance with the performance measures and maintenance standards as shown in in Exhibit A-2. Section H of Exhibit A to the MMA is hereby amended to the extent of Exhibits A-1 and A-2. ARTICLE 8. REPORTS Upon written request, the City will be required to supply the State with data related to the installation, operation, and/or maintenance of the Water Main. Docusign Envelope ID: B71BD071-22A4-48F4-A521-C71D1D9D9B6C ARTICLE 9. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the amendment, and any increased cost arising from the City default, breach of contract or violation of terms shall be paid for by the City. This amendment shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 10. INSURANCE Before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately. ARTICLE 11. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this amendment except with the prior written consent of the State. ARTICLE 12. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 13. NOTICES All notices to either party by the other required under this amendment shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City: State: City State: City: State: City: State: City State: All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 14. GOVERNING LAWS AND VENUE This amendment shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. ARTICLE 15. PRIORITY OF DOCUMENTS No changes to the MMA are made or intended by the Amendment except as specifically provided. In case of conflict between the MMA and this Amendment, this Amendment controls as to the Water Main and the portion of FM 1220 shown in Exhibit A-1. ARTICLE 16. AMENDMENTS Docusign Envelope ID: B71 BD071-22A4-48F4-A521-C71 D1 D9D9B6C IN WITNESS WHEREOF,the State and the City have signed duplicate counterparts of this agreement. The CITY OF FORT WORTH,Executed on behalf of the City by: Date 1 01212025esi�5™ceig{;hern, Assistant City Manager Approval Recommended: By Q;:�:!,;r Date _1 0 _12_12_0 _2 _s _________ Chris Harder, Water Director Approval as to Form and Legality: ByC£:±:� Douglas W. Black, Sr. Asst. City Attorney Date 1 _ 0_12_12_0 _2 _5 ________ _ City Secretary: �A� By_U"--------------Jannette S. Gooddall, City Secretary Contract Authorization: M&C: N/AForm 1295: N/A Contract Compliance Manager: Date 10/06/2025 cc -cc- By signing I acknowledge that I am the person responsible for monitoring and administration of this contract, including all performance and reporting requirements. By GE!:!" Date _1 0_1 _2,_2_02_s _________ _Chris Harder, Water Director The STATE OF TEXAS Executed for the Executive Director and approved by 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 Te xas Transportation Commission. �Signed by: ByGJ::=62';:!: Date: _1 _0,_2 _12_0_2_s ________ _Maribel Rangel, P.E. Director of Maintenance �Signed by: By LB:: 4 � Date: _1 _0 _13_12_0_2 _s ________ _David Salazar, P.E. District Engineer EXHIBIT A-1 NON - CONTROLLED ACCESS HIGHWAYS ROADWAY BEG TRM END TRM Description of Limits FM 1220 262 + 0.612 260+ 1.858 From Eagle Pier Way to Golf Club Dr Maintenance Activity/Facility-Type State Responsibility: City Responsibility: Docusign Envelope ID: B71BD071-22A4-48F4-A521-C71D1D9D9B6C Fort Worth,��l MA Ta ble A-1 Blacksmith A�- � I I � `�� ` �—J �', — — 1� �� - -- W Bailey Boswell Rd �' - - � �+' � I fland Run Spring 6Uck Run �o� Stonehaven ► ��� bo� Court �� Bush Buck Run v �� Outrigger Rd �' oc y � ��C�° ilackstafi;Dr °i � ry 4�� � 7opsail Dr = n � o E s � � Skysail Rd o 0 1° � m � f T C m a v R . .. . �� � I� O O p 3 = � O .�Olf COUfSE , . � - p. _ � 0 N •@ d � m � > a _.� m � A = 'C � . s �: � C � �= W � � � Wj Boaz Rd - �i ;� i �,'� I i W �r,q � � N � � � r � � � � � _ `» y Cheyenne � a - d � � Ridge � � � pt � ,� t SpJ a � �:en �\�¢r p� a Dalhart Dr �' � a N A�6trs pr v Skipper Ln o d N � J � o �3 Eagle Pier Way — - � `m } Chalk River Dr � � m. 1 � S — �� Sier[a Madre Dr -� Spokane Dr � � ` � ��� � i ° N + m 6ertson Rd � Roke.rtso.n Rd ,�, �- `I II I _ I�___1 LJ �_ Lake Crest � Estates -- a i � �, d a 0 � c anta Gertrudis St Fort Worth FM 1220 Water �9ne N The Trails of 0 0.0�.1 0.2 Miles Marine Creek L_1_J_1_I_l�L� Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS����i��3tk28tMap contributors, and the GIS User Community Docusign Envelope ID: B71BD071-22A4-48F4-A521-C71D1D9D9B6C Exhibit A-2 Performance Measures and Maintenance Standards All requirements, standards, and measures provided in this Exhibit are non-negotiable, to ensure long-term performance, safety, and serviceability of the State highway. 1. Pavement Performance and Maintenance Standards As described by Exhibit A-1, the City of Fort Worth will be responsible for maintaining the pavement. The City agrees to maintain the pavement to the standards listed below. These scores will be evaluated annually by TxDOT. • Distress Score: Minimum of 80 (Good to Very Good) • Ride Scare: Minimum of 3(Good to Very Good) • Condition Score: Minimum of 70 (Good to Very Good) • Skid Score: Minimum of 28 (Good to Very Good) After the City receives the pavement evaluation from TxDOT, the City shall bring the pavement up to standard within 180 days. Failure to complete this will result in liquidated damages per day starting on the day 181 St day until completion. In addition: • The City shall conduct routine inspections every six (6) months upon completion of the Water Main, and shall promptly provide such inspection results to TxDOT. • The City of Fort Worth holds primary responsibility for Quality Control. As part of these responsibilities, the city is required to maintain thorough and accurate documentation, such as photographs and detailed descriptions of both defects and non-defects. This information shall be provided to TxDOT upon request. PMIS Score Definitions Please note that a pavement section with Condition Score of 70 or above is in "Good" or better condition. 80 to 89 70 to 79 60 to 69 1 to 59 �� .- 3.0 to 3.9 2.0 to 2.9 1.0 to 1.9 0.1 to 0.9 70 to 89 50 to 69 35 to 49 1 to 34 28-35 21-27 13-20 1-12 � 90 to 100 4.0 to 5.0 90 to 100 36-100 Docusign Envelope ID: B71BD071-22A4-48F4-A521-C71D1D9D9B6C Ride Score Formula: RS = �n 1 C�iSll n �-1 d� where, RS = Ride Score n= number of SI values in the Data Collection Section d= length of pavement, in miles, covered by the SI value SI = Serviceability Index from Profiler r L + R �/2�0.35 SI = 8.8532704 — 4.425873 x << �R�63.36 � where, L,RI = IRI value for left wheel path R�R� = IRI value for right wheel path Tab�e ll-1: FH«:� IRI Categories Ronghness Cfitegot�y IRI �'alue Goo�� < 95 Acceptable < 170 Unacceptablz > 17fl Docusign Envelope ID: B71BD071-22A4-48F4-A521-C71D1D9D9B6C 2. Emergency Response Requirements In the event of an emergency (e.g., including, but not limited to, a water or sewer leak) affecting the pavement: The City shall be responsible for completing all necessary repairs within 24 hours of identification. If a safety hazard exists, the City shall implement and maintain traffic control measures immediately. The Area Engineer has sole discretion to determine if a repair is deemed an emergency that could hinder the safety of the traveling public. Costs and Recovery: • If the City is unable to perform timely emergency repairs, it shall notify the State within 4 hours. The State will perform the necessary work and submit a claim for full reimbursement, including: o Labor o Equipment o Materials o Traffic Control • The City shall pay such reimbursement claim within 30 days of receipt. 3. Pavement Restoration Requirements Flexible Pavement: Pavement patches must be greater than 500 feet in length and full lane width. Rigid Pavement: Patches must be greater than 80 feet and full lane width. No Exceptions: Shorter patches or half-lane repairs are not acceptable under any circumstances. 4. Repair and Maintenance Standards (Routine and Emergency) • All repairs and maintenance activities must follow TxDOT-approved standards. • An Advance Funding Agreement (AFA) must be executed to open a funding line for both emergency and routine maintenance activities. • The City and its contractors are required to coordinate with the State for pre-approval of repair methods and traffic control. Docusign Envelope ID: B71BD071-22A4-48F4-A521-C71D1D9D9B6C 5. Liquidated Damages As described in Section 1, failure to bring the pavement up to the minimum required performance standard with 180 days of notice will result in daily liquidated damages of $1,125.00 per day until completion. The Parties agree this amount is a reasonable estimate of damages to the State due to failure to timely repair substandard pavement.