ILA UTACity of Coppell Public Works Department
Routing Sheet for Approval of Contracts and Agreements
Vendor Name: The University of Texas atArlington Date: 9/7/2021
Contracted Work/Project: Storm sewer condition assessment services thru ILA
Explanation: Provide condition assessment of City's existing storm sewers (35,000 linear feet
0 0✓ � 0 $45,500
Council Approved: Yes / No If yes, Date. Budget Approved: Yes / No
from
Ethics Certificate Required: Yes / No If Yes, Copy is Attached: Yes / No DUD
funds
® New Vendor ® Existing Vendor ® Renewing Contract
Routing Sequence:
1. Employee initiating contract/agreement:
(Include W-9 & ClQform if vendor is not in system.)
2. Supervisor Authorization:
Kumar Gali
Initials Date
K� Ri�ni�a
3. Purchasing Manager/Technician: _
(Signature needed only if vendor is new to system or contract has been changed since last time used)
4. Director of Public Works Authorization
5. Deputy City Manager Authorization:
Comments:
6. City Manager:
Comments:
Kent Collins
Traci Leachl-Vicki Chiavetta
Mike Land
7. Originals back to Administrative Manager: KVra Jansen
S. Copy of contract/agreement to Jennifer Miller: DYES / NOQ
INTERLOCAL COOPERATION CONTRACT
THE STATE OF TEXAS
COUNTY OF TARRANT
This Interlocal Cooperation Contract (this "Contract") is entered into by and between the
Contracting Parties shown below pursuant to authority granted in and in compliance with
the Interlocal Cooperation Act, Chapter 791, Texas Government Code.
I. Findings:
Each party finds that the subject of this Contract is necessary for the benefit of the public
and that each has the legal authority to perform and to provide the government functions
or services which are the subject matter of this Contract; and
Each party finds that the performance of this Contract is i n its common interest and that
the division or payment of costs fairly compensates the Performing Party for the services
or functions under this Contract; and
II. Contracting Parties:
The Receiving Party: City of Coppell, TX (sometimes "Receiving Party" or "City"), a
local government of the State of Texas:
C/O Kumar Gali, P.E.
City of Coppell, TX
Assistant Director of Public Works — Operations
816 S. Coppell Rd.
Coppell, TX. 75019
Email: kgali@coppelltx.gov
The Performing Party: The University of Texas at Arlington (sometimes "UTA" or
"University" or "Performing Party"), a State University of Higher
Education established under the laws of the State of Texas as
an institution of the University of Texas System:
Programmatic Matters:
Ali Abolmaali, P.E., Ph.D.
Professor and Department Chair
Dept. of Civil Engineering
UTA Box 19308
Arlington, TX 76019
el. 817-272-5055 Fax. 817-272-2630
Email: abolmaali@uta.edu
Page 1 of 8
Contract terms and all other matters:
Jeremy Forsberg
Assistant Vice President for Research
The University of Texas at Arlington
701 S. Nedderman Drive
Box 19145
Arlington, TX 76019-0145
III. Statement of Research Services to be Performed
University will perform video inspections of City of Coppell storm sewer lines including data
analysis and structural condition assessment, and other related projects (sometimes
"Research Services") as are necessary to meet the research goals described briefly below,
and in Exhibit A, and as mutually agreed, from and after October 1, 2021, through
September 30, 2022.
The City staff desires to define the locations of work for a Storm Sewer Condition
Assessment Program. Dr. Abolmaali will lead the project.
The primary deliverables for this project will be the assessment reports as mutually agreed
and in at least one (1) written format and are also listed in Exhibit A, University will use
reasonable efforts and its own and contracted facilities and equipment to perform
Research Services and deliver deliverables. University does not guarantee specific results.
IV. Contract Amount
The total amount of this Contract is the fixed amount of Forty Five Thousand Five Hundred
and 00/100 Dollars ($45,500).
V. Payment of Services
Billing invoices shall be sent to Receiving Party care of the email addresses in Section I.
Receiving Party will remit payments to Performing Party for Services in the fixed amount
noted in Section III above, and in accordance with the payment schedule in Exhibit B from
current authorized funds as required by Chapter 791 of the Texas Government Code.
VI. Warranties
Performing Party warrants that (1) it has authority to perform the Research Services under
authority granted in Section 65.31, Texas Education Code and Chapter 791, Texas
Government Code; (2) it has all necessary power and has received all necessary
approvals to execute and deliver this Contract; and (3) the representative signing this
Contract on its behalf is authorized by its governing body to sign this Contract.
Receiving Party warrants that (1) the Research Services are necessary
and authorized for
activities that are properly within its statutory functions and programs; (2) it has the
authority to contract for the Research Services under authority granted in Chapter 791,
Texas Government Code; (3) it has all necessary power and has received all necessary
approvals to execute and deliver this Contract; and (4) the representative signing this
Contract on its behalf is authorized by its governing body to sign this Contract.
VII. Term of the Contract ("Term")
This Contract is effective as of October 1, 2021 ("Effective Date") and shall terminate on
September 31, 2022.
VIII. Termination
In the event of a material failure by a Contracting Party to perform its duties and obligations in
accordance with the terms of this Contract, the other party may terminate this Contract upon
sixty (60) days' advance written notice of termination setting forth the nature of the material
failure; provided that, the material failure is through no fault of the terminating party. The
termination will not be effective if the material failure is fully cured prior to the end of the 60 day
period.
UTA shall be compensated in accordance with the terms of this Contract for all work
accomplished prior to the receipt of notice of such termination, and for such other Research
Services (if any) provided during the notice period reasonably necessary to terminate this
Contract, and any noncancellable expenses for Research Services accrued prior to
termination, including all reasonable expenses incurred or committed to be expended as of
the effective termination date. UTA shall invoice the City for all such items within sixty (60) of
the termination notice. Upon termination, the Performing Party shall provide the Receiving
Party with any and all inspection data and analysis performed for which compensation has
been received by the Performing Party.
IX Notices
All notices, communications and reports required or permitted under this Contract shall be
personally delivered or mailed to the respective parties by depositing same in the United
States mail, postage prepaid, at the addresses shown below, unless and until either party
is otherwise notified in writing by the other party, at the following addresses. Mailed
notices shall be deemed communicated as of actual receipt.
If intended for City, to:
Name: Kumar Gali, P.E.
Title: Assistant Director of Public Works —Operations
City of Coppell, TX
Address: 816 S. Coppell Rd.
Coppell, TX. 75019
Email: kgali@coppelltx.gov
If intended for UTA, to:
Jeremy Forsberg
Assistant Vice President for Research
The University of Texas at Arlington
701 S. Nedderman Drive, Box 19145
Arlington, TX 76019-0145
IX. Ownership of Deliverables
Party recognizes that under University's academic policy, the results of any research
project must be publishable. Accordingly, University and City agree that the individuals
engaged in the Research Services or the Contract on behalf of their respective Party, shall
be permitted to present at symposia, national and international, or regional professional
meetings, and to publish in journals, theses or dissertations, or otherwise of their own
N
hoosing, methods and results of the Research Services or the Contract, as per usual and
N
ustomary academic custom. Under University policy, University investigators such as its
designated faculty for a project own copyright in their scholarly works.
City and University agree that Research Services and Contract deliverables (other than
University intellectual property and UTA faculty copyrights in scholarly works) delivered to
City by University in connection with this Contract are hereby assigned to City, to use in
any manner City deems appropriate. UTA shall have no liability for changes or alterations
made to any materials or other documents by others subsequent to the completion of the
Research Services or the Contract. City grants to the University a perpetual, non-
exclusive, worldwide, royalty -free, fully paid up license to use, copy, modify, and create
derivative works of the statement of work for the Research Services or the Contract, the
results of the Research Services or the Contract, and any reports, publications or other
materials or work product (excluding scholarly works, which copyright is owned by the
University principal investigators) created or developed -with funding from City, for the
University's educational and research purposes and missions. University retains all its
other rights usual and customary academic practice over its intellectual property, subject to
the rights of the City herein to use deliverables as City deems appropriate. University
retains its commercial interest of University intellectual property (if any), subject to this
agreement and the rights granted herein.
X. OTHER PROVISIONS:
a. Insurance
UTA is an agency of the State of Texas and as such does not purchase certain
insurance policies. Employees of UTA are provided worker's compensation insurance
coverage under a self-insured, self -managed program as authorized by the Texas Labor
Code, Chapter 503. UTA purchases automobile liability insurance for all UTA owned,
hired, and non -owned vehicles with limits of $250,000 per person and $500,000 per
accident for bodily injury and $100,000 for property damage. These damage limits are set
by the Texas Tort Claims Act (the "Act"), Chapter 101 of the Texas Civil Practice and
Remedies Code. UTA does not purchase general liability or employer's liability insurance
for its general operations. However, the Act does provide a limited waiver of the State's
sovereign immunity. The Act may provide a remedy for claimants who make tort claims
that fall under its provisions. These claims fall into two general categories: (i) injuries
arising out of use of publicly owned motor vehicles and motor -driven equipment and (ii)
injuries arising out of conditions or use of property. UTA's liability is limited under the Act.
Liability in cases of personal injuries or death is limited to a maximum amount of $250,000
per person and $500,000 for each single occurrence. The maximum amount of liability for
injury to or destruction of property is $100,000 for each single occurrence.
b. Venue; Governing Law.
Tarrant County, Texas shall be the proper place of venue for suit on or in respect of
this Contract]. This. Contract and all of the rights and obligations of the parties hereto and
all of the terms and conditions hereof shall be construed, interpreted and applied in
accordance with and governed by and enforced under the laws of the State of Texas.
c. Entire Agreement; Modifications.
This Contract supersedes all prior agreements, written or oral, between City and
UTA and shall constitute the entire agreement and understanding between the parties with
respect to the subject matter hereof. This Contract and each of its provisions shall be
binding upon the parties and may not be waived, modified, amended or altered except by a
writing signed by UTA and City.
d. Non -Appropriations.
Performance by a Contracting Party of its duties and obligations under this Contract
may be dependent upon the appropriation and allotment of funds by the Texas State
Legislature (the "Legislature") and/or allocation of funds by that Contracting Party's
governing board. If the Legislature fails to appropriate or allot the necessary funds to a
Contracting Party, or a Contracting Party's governing board fails to allocate the necessary
funds, then the Contracting Party that loses funding may terminate this Contract without
further duty or obligation under this Contract.
e. Assignment.
UTA has or will have commitments from multiple third parties such as vendors and
contractors or consultants, or subcontractors, to assist UTA to accomplish the Research
Services, and UTA may use or contract with these third parties under UTA direction and at
UTA's sole and reasonably exercised discretion.
Page 5 of S
f. Severability.
If any one or more of the provisions contained in this Contract 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 Contract shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
therein.
Executed effective as of the Effective Date by the following duly authorized representatives
of the Contracting Parties:
Receiving Party
City of Coppell
By:
Name:
Title:
Date:
ATTEST:
Performing Party
The University of Texas at Arlington
By: _
Nar(e: James P. Grover, Ph.D.
Title: Interim VP for Research
Date: September 9, 2021
APPROVED AS TO FORM:
BY:
EXHIBIT A
Scope of Research and Budget
University shall provide video inspections and laser data collection of storm sewer pipe
ranging from.21"-96" with a detailed and comprehensive report that includes probabilistic
and artificial intelligence -based remaining service life of the asset. The City of Coppell also
requires that the final product (deliverables) must contain GIS format compatible with ESRI
of all the inspected areas. The media should be linked to the GPS position of the identified
problem. Contractor shall provide all storm sewer points (Inlets, outfalls, manholes) and
lines in GIS Format to include GPS location, size, material type, and condition of the
inspected assets. The video and above listed requirements shall be delivered on an
external hard drive.
Condition assessment of approximately 35,000 linear feet of City storm sewer lines as
designated and mutually agreed, minimum diameter 21", at $1.30/LF.
TOTAL FIXED FEE: $45,500
Page 7 of 8
EXHIBIT B
17_1'LTA 1=4�:7TM
UTA will bill Receiving Party for Research Services an amount of Forty -Five Thousand
Five Hundred and 00/100 Dollars ($45,500), in two lump sum payments. The City will pay
one payment upon execution of this Contract and the second payment after completion of
the services, including the comprehensive report. Please note that while all components
of this project are budgeted as a fixed rate amount, they are subject, to change
should additional deliverables or services be requested other than those mentioned
within the scope of the Research Services, as noted above.
Billing invoices shall be sent to Receiving Party care of the email address in Section I.
Within thirty (30) days of receipt of each such invoice, Receiving Party shall make
payments in the fixed amount shown by UTA's approved invoice. The payments shall be
submitted to: The University of Texas at Arlington, 219 West Main Street, Box 19136,
Arlington, TX 76019-0136 (Attn: Grant and Contract Accounting)