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HomeMy WebLinkAboutContract 45333 Contract No 46-41 LF601 o. r THE STATE of TEXAS THE COUNTY of TRAVIS § � INTERLOCAL AGREEMENT cowRACT NOO THIS CONTRACT is antaiirod into by the Contracting Parties candor Government Code, Chapter 791. l CONTRACTING PARTIES: ES Texas Department of Transportation Tx DOT City of Fort Worth, Texas, Local Government 11, PURPOSE.- Perform material inspection and testing services for Dirks Rd Projoot(CS J-,, 0902-48-775). Ill. STATEMENT OF SERVICES To BE PERFORMS TxDOT will underta a and carry out serving 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 week. V'. TERMS of CONTR CT,,-1 This contract begins when fully executed by both parties and terminates on 2/16115, or when otherwise terminated, as, provided in this Agreement. V1. 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 b 22 �h � hay auwthori�authorized the Local �ovorrrrr�ont to obtain the services described, in, Attachment A. —� This contract incorporates, the provisions of Mttachr ent A, Scope of Services; Attachment B, Budget* Attachment C, General Torras and Conditions; Attachment menut D, Resolution or ordinance; and Attachment E, location flap for Showing project. [SIGNATURES ON NEXT PAGE] OFFICIAL CITy TAR FT WORTHI TX KNIVED Interlocal--Int rlocal TxDOT Page 1 of 2 Revised 3/6/'2013 a Coentra t No 46-41LF6 1 ACCEPTED. CITE"OF FORT WORTH, TEXAS By w Date Fernando Costa Assistant City Manager APPROVAL RECOM M E E tJ Douglas Wiersig D�ireet �r, Transportation: and Public works Department ll '" EAND EGrL.l�: C u la � k Assistant City Attorney ATTEST-. od Mark J. Kayst cp City Secretary � FOR THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/car carrying out the orders, established policies or work programs, heretofore approved and authorized by the Texas Transportation Commission B Date `-- T - 1WW ,nice ullenix Director of Contract Services OFFICIAL RECORD CITY SECRETARY WORTHs TX Interl ca- interiocaI TxDOT Page 2 of 2 Revise 3/6/2013 C.-ontract No 46-41LF6010 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 sery I ices to be performed by TxDOT co�ns,ists, of the following. 0 Various inspected materials fabricated off-site (structural steel bridge components,, pre-cast concrete stress ed/'n o ni-stressed products, and miscellaneous fabricated products). 0 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 comiplliiance with the specifications ana 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 service�s, the Local Government shall provide TOOT with a single poilint of contact for, this scope of services,. T'xDOT' 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 sh�alil 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 I of each material w�ill also be provided. The types, of products and the extent of the inspections will be as agreed upion prior to commencement of' any inspections. The level of inspection and documentatlion furnished for Local Government inspections will be as provided for typical TOOT projects. T'XDOT 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 f'or its own highway materials or for others. Ou�t-�of-state inspections for Local Government will be performed only when TxDOT has employees scheduled to conduct inspections for TxDOiT projects at the requiested 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 rout,ine in-plant inspection process. The Local Government will compensate T'xDOT for all direct costs or expenses associated with the, performance of these services under this Agreement, biased, upon actual costs of salaries, and travel expenses incurred. T'xDOT reserves the right to, prioritize or reschedule any inispection, and testing services according to the following.- Inspection and testing, services may be cancelled or deferred due to unavallabli�lity of TOOT personnel to perform the niecessary inspection Inspections for the Local Government may be given lower priority than inspeictioins performed by TxDOT for TxD,O'T projects. Inspections, for the Local Government may be rescheduled to coincide with the inspection of products for TOOT projects. Interlocal—Interlocal—TxDOT Page 1 of 2 Attachment A Rievised 3/6/2013 Contract No 46-41LF6,010 The Local Government and its fabricators will, abide by the Nonconformance Report (NCR) process utilized by Tx DOT for disposition of' products that do not meet the requirements of the Local Government's specifications provided. WORK REQUESTS Fabricatio[L Inspection A minimum of two (2),weeks prior to TxDO,T performing any inspections,nspections) the Local Government will submit Work Requests to TxDOT. Submit one Work Request per Fabricator and include the following: 0 Project information (i.e. contract number, CSJ,, etc,.) Work description Type and estimated quantity of material(s) to be inspected 0 Fabricator information (Name,, contact person, phone number, physical location) 0 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—Structura I correspond en ce@txd ot.,gov and include "Work Request" in the subject line. Technical Materials Acceptance A minimum of TWO (2) weeks prior to TOOT providing technical materials acceptance services, the Local Government will submit Work Requests to TOOT., 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, fitle, signature, and telephone number of the Local Government's authorized, representative. 0 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'—S,tructural:lcorresplo:ndence@ltxdot.gov and include "Work Request" in the subject line. TEST REPORTS TOOT 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 46-41LF60110 ti ATTACHMENT B Texas Department of Transportafion In spec talon & Test'Ing Rates TOOT will only perform inspection and testing services outlined in Attachment A. Charges will be based on rates in effect at the time inspection and Bating services are performed. Current, Inspection, and Testing Rates are published at //ft p.d,ot.state tx.us u b/txdiot-1,nfo/cst/i n ection, testing.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. 0. Box 149001, Austin, Texas 78714-9001 Interlocal—Interlocal TxDOT Page 1, of 1 Attachment BI Revised 3/6/2013 Contract No 46.41LF6010 ATTACHMENT C I 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 I Disputes T'xDOT shall be responsible for the settlement of all contractual and administrative issues arising out of pirocurements, entered 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 under this contract shall be owned by TxDiOT. Article 5. Termination This contract terminates at the and 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 f'ir'st. Article 6. Gratuities Any person who is doing blusiniess, 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 TxDO,T. 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'wi�lth 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 T'xDOT 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 entity 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 siignatory 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: TxDO'T 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 1 1 Ih Street 1000 Throckrnorton 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,reqiues,t shall be carried out by the other party. Interlocal—Interlocal—TxDOT Page 1 of 1 Attachment C Revised 3/61/2013 Contract No 46-41LF6010 ATTACHMENT D RESOLUTION OR ORDINANCE (RESOLUTION OR ORDINANCE IS ATTACHED AND MADE A PART OF THIS AGREEMENT.) Interlo cal- interlocal—TxDOT Page 1 of 1 Attachment D Revised 3/6/2013 ..... ....... F W ojwN"kT ORTHI Illm STATE OF'TEXAS f o N-r ES OF TARRANT, DENTON,JOHNSON,PARKER AND WISE 1, RONALD R. j. i H n GONZALES, Assistant City Secretary of the City of Fort Worthl Texas i i hereby certify that the above and foregoing is a true and correct copy of Resolution No. 4252-10- y I 20131, duly presented and adopted by the City Council of the City of Fort Worth, Texas., at regular session held o the 2 of October, 2013, as same appears of record in the Office the City Secretary. th WITNESS MY andthe Official Sea] of the City of Fort Worth, Texas, this the��, f day f of ece er, 2013. 1; nald P Gonzales, Ass i� t City Secretary City of Fort Worth,Tars � 0111 40 0000, *- � -A 6 00 �*0, 01 0� 04 0 00-000a � �U f l City Secretary's Office r City of Fort Worth r 1000 Throckmorton Street* Fort Worth,Texan 76102 1 3 2-6 5 *F 817 39 - '19 11 1 k A Resolution NO. 4252-10-2013 AUTHORIZING i THE EXECUTION A WITH THE TEXAS DEPARTMENT OF TRANSPORTATI ON IN THE TOTAL AMOUNT OF INTERLOCAL AGREEMENT $5,004,00 FOR INSPECTION SERVICES THE STATE WHEREAS,, The Texas Department of Transportation ("St'ate") as, entered into are t Agreement ("Agreemen,t") with are outside firm to construct stru.uct the 'Dirks, Rd Phase Project (C:SJ-,0902-48-775, CIP NO. 00768)- and WHEREAS the Texas Department of Transportation desires that the City of Fort orth("C ty") Crimper a to the State for inspection oversight for various off-site fabricated. materials- and E E S the State a,nd City intend fort is agreement to be for one your, in the arnount of 5,0014, 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 Int rlocal Agreement with the Texas DIe artment o,,f Transportation, in the total arniount o,f S5,004.00 for the purpose of � funding State inspectors for off-site fabricated materials related to t he Dirks, Road Crossing. Adopted this 22,E day of October, 2013. IF ATTEST: *h10 Ki ';j By I AA 0 (10 0y Mary J. Ka City �<ecretary 44 tix Jos r r i I'r 1 1 AND COUNCIL COMMUNICATION MAP 20DiIRKS ROAD PHASE 11 INTE,RmL,OC,AL AGREEMENT N NINON--, LOOP'820 WESTDALE MERCEDESi OVE- O IDGE 1*15 -RT XA 0 TOBIE LAYNE 1-- 10, Sol, 0 S VERNON"CASTLE 0 Ak4f Uj 0.4 z 0 to GRANDF - OAKMON L TON T ULE IRA LU i Now"Ig � �)1 0 Ilk* 00/ j X 'AL MESA I000 uIP0110000 ca 0\N 31 z < YON Benbrook Lalke 0 A S'YCA M 0' GO U BUS aJ 0 rn CD C: rn 4fCp IN CLE13 UR N E ..................... 0 500, 1,0010 0 2l,000 4*000 Gtr j Ft 'ET A11!0 P T OCATION ............... Copy'rjg?t2013C1y,elf ForlWorth, Unauthorized reprodixton is a viciation of applicable liaiws, City Project# 00768 'his product is for info rmationa I purposes and may not have been prepared for or be s,Ajitable for tege I,engineering,or,survey an piur,pos�e3. It does niotrepresentan on-the�-,gtound survey ands te pre senis only the approximate relafive location of propertyl boundlartes, DOE# 67913 The,City of Fort'Worth assurnes no respoinsibil'ity for the ac era cy of said data, 41 City of Fort Worth., Texas mayor and o l uo, u COUNCIL ACTION: Approved on 10/22/2013 — Resoluflon No.4252-10-2013 DATE 40., Tuesday,October 22, 2013 REFERENCE NO.: **,C-26513 LOG NAME: 20DIRKS ROAD PHASE 11 INTER—LOCAL AGREEMENT 0 SUBJ'Ecle Adopt Resolution Authorizing an Interlocal Agreement with the Texas Department of Transportation in the Amount of$5,004.00 to Provide Material Inspection and Testing Services for Various Structural Elements Fabricated Off—Site for the Construction of Dirks Road Phase 2 (COUNCIL DISTRICT 6) RELQME,NDA.TION$ 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 Dlirks Road Phase 2. 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 on 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, I O2C and 102D. ELS-CAL 1,NEQRMA11!QN* 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# JQ FundlAccaunOCenteo FR!Ql.M FundLAcc9.un1&entr Sub *JJcdf.Qr!LJityMa,na er'5QfJ1ce.b,-U1- Fernando Costa (161 22) 1� 7 Orik!1natine DepartMCnj ffgad; uouglas W. Wiersig (7 80 1) Addifianal Informatimloutuct: Dennis R. Ingram (2294) A11A �CHMENJS 1. 00768 FA.921,12d 2. 20DIS.KS ROAD.,PHA5E 11 IL � o � h � 3. P" l - 2 ,2 20 cx d er r Ql n,f Rev I Q.I Q.I I Contract No 46-41LF'601 0 ATTACHMENT E LOCATION MAP FOR SHOWING PROJECT' (LOCATION MAP(S) ATTACHED AND MADE A PART OF THIS AGREEMENT.) DIRKS ROAD PHASE Il ALT' MESA BOULEVARD) FROM SH 121 TO GRANBURY ROAD ;r 7r LOC*l ell jv C'Rw j7 nx e,Z NIL IV' !tw ,, jq ,.,a r�,� air,, �aW�'y»M�� � ���,�,: "M i 'k, _u Ar jj a, "J, 4L *i OAXM�044T 'A At wl �n.w��w w .. ���,�"� � w s.14, RIB L I,k 01 0" "V, "4 -w—/ $A we ............. I-A I'll, Is 5�, 04 ry ra I's q. J-] J .......... 4... ............ -4- Nlk -rT "Ne ............. so Ft [61E CATI C4000*2w:f C*tl Pat v*xw uwathatad repNomsm fs a w0wim at=*Mtw taw City ojecd OOT68 I 'Mfg"*PWVDMM&dLfflW("aNw#rbewp=a"d%rorbeudtat*u,,ln&,wvry ftwau*w�Puv=z, Pr V&repewt an*%*e"wwwASwM Md pepwxffft�coy ft WSwas*mw"ftaw boam of ptvvfV bnumdw%m DOE#6T93 rAr v F40T wtm amuv=w-M VO*WV 1w ft Interlocal—Interlocal TxDOT Page 1 of 1 Attachment E Revised 3/6/2013