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Item 4H - MemoCITY OF SOUTHLAKE MEMORANDUM (March 3, 2020) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4H Subject: Approve an Engineering Services Agreement (ESA) with Kimley-Horn and Associates, Inc. to provide engineering design services associated with the relocation and accommodation of existing sanitary sewer facilities for the SH 114 Frontage Road and Ramp Improvements from Kirkwood Boulevard to Dove Road project in an amount not to exceed $158,100. Action Requested: Approve an Engineering Services Agreement (ESA) with Kimley- Horn and Associates, Inc. to provide engineering design services associated with the relocation and accommodation of existing sanitary sewer facilities for the SH 114 Frontage Road and Ramp Improvements from Kirkwood Boulevard to Dove Road project in an amount not to exceed $158,100. Background Information: The Texas Department of Transportation (TxDOT) is requiring the relocation of three existing sanitary sewer lines currently crossing under SH 114 in advance of the SH 114 Frontage Road and Ramp Improvements from Kirkwood Boulevard to Dove Road project. Two of the referenced sanitary sewer lines belong to the City of Southlake, however Southlake shares responsibilities for one of them, commonly referred to as the N-1 sewer line, with the Town of Westlake via an existing Interlocal Agreement (ILA). The third sanitary sewer line belongs to the Trophy Club Municipal Utility District (MUD) No.1. who recently executed an ILA which defines responsibilities for their line; this ILA will also be presented to City Council as a separate item. The intent is to combine these plans with the water line relocation plans near Dove Road, into a single utility construction package to obtain better pricing for all tasks. This package will be bid by the City and permitted by TxDOT. The proposed ESA will include complete construction plans, easement documents, and required permitting for the relocation of existing sanitary sewer facilities for the SH 114 Frontage Road project. The agreement also includes the necessary floodplain study to appropriately design stream armoring at the proposed Page 1 of 3 Financial Considerations: Item 4H sanitary sewer crossings. Furthermore, Kimley-Horn and Associates, Inc. will prepare a memo discussing United States Army Corps of Engineers (USACE) Section 404 Permitting under a `no notification' scenario, which will document the City and the selected contractor's obligations for compliance under this Nationwide 12 Federal Permit. This agreement also includes revisions to the retaining wall designs for the SH 114 Frontage Road project to accommodate a portion of the existing sanitary sewer lines, which will be allowed to remain within the TxDOT right of way. The purpose of the modifications to the sanitary sewer lines is to relocate existing manholes outside of the proposed pavement as required by TxDOT. Finally, the agreement includes bidding and construction phase services. After relocation of the facilities and final audit by TxDOT, the City, Town and MUD expect to receive full reimbursement for engineering and construction costs associated with the relocation of the sanitary sewer lines as they are currently located in easements. A summary of all costs associated with the relocation of sanitary sewer facilities has also been provided by Kimley-Horn and Associates, Inc.: Breakdown of Design Cost Responsibilities City of Southlake $ 75,147 Trophy Club MUD No. 1 $ 55,073 Town of Westlake $ 27,880 Funding for utility relocations for the SH 114 Frontage Road and Ramp Improvements from Kirkwood to Dove Road project is provided in the General Fund as part of the approved Capital Improvement Program. This agreement is within the project budget. Strategic Link: This item links to the City's Strategy Map strategic focus areas of Infrastructure and Performance Management & Service Delivery. It specifically relates to the City's Corporate Objectives, 132: Collaborate with Select Partners to Implement Service Solutions, and F2: Invest to Provide & Maintain High Quality Public Assets. Citizen Input/ Board Review: None Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The City Council may approve or deny the agreement. Page 2 of 3 Item 4H Staff Recommendation: Approve an Engineering Services Agreement (ESA) with Kimley- Horn and Associates, Inc. to provide engineering design services associated with the relocation and accommodation of existing sanitary sewer facilities for the SH 114 Frontage Road and Ramp Improvements from Kirkwood Boulevard to Dove Road project in an amount not to exceed $158,100. Supporting Documents: Attachment A: Engineering Services Agreement Attachment B: Location Map Attachment C: Sanitary Sewer Cost Breakdown Attachment D: ILA with Westlake for N-1 Attachment E: ILA with Trophy Club MUD No.1 Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Brent Anderson, P.E., Civil Engineer Page 3 of 3 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this day of , 2020 by and between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Kimley- Horn and Associates, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, CITY contemplates the need to make sanitary sewer relocations and retaining wall revisions for State Highway (SH) 114 Frontage Road. This project is to be known as the SH 114 Sanitary Sewer Relocations and Retaining Wall Design Revisions project and hereinafter referred to as the "Project". WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary engineering work upon which the Project is based and is willing and able to work with CITY staff to organize and coordinate the professional services necessary to complete the Project. NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments on the dates and in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment A which is attached hereto and incorporated by reference as if fully set forth herein. I. ARTICLE ENGINEERING SERVICES A. Scope of Work ENGINEER will provide the supervision, direction, personnel and equipment to perform the engineering Services outlined in Attachment A in accordance with the terms set forth in this Agreement and in Attachment A. B. Definitions Services refer to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and/or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. Page 1 D. Coordination with Owner The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY's possession relative to existing facilities and to the Project. E. Site and Local Conditions ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER's employees will be made with CITY. F. Assignment and Subcontractors/Third Party Rights The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior written consent of CITY. G. Independent Contractor ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. H. Disclosure By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. Page 2 I. Approval by CITY Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be a waiver or an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGINEER's professional services or in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by CITY signifies the CITY's approval of only the general design concept of the Improvements to be constructed. J. Indemnification ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND SHALL BE CONSTRUED TO THAT EFFECT. K. No Third Party Beneficiary For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity (except the indemnitees identified or described in Article I, Section J., above), notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and ENGINEER, or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations they owe to either CITY or ENGINEER. Page 3 L. Successors and Assigns CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party to this Agreement and to the successors, executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. II. ARTICLE CITY'S RESPONSIBILITIES CITY will: 1. Provide full information as to CITY's requirements for the Project; 2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's control or knowledge which is pertinent to the Project, including executed right-of-way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY's decisions; 7. Provide all information and criteria as to the CITY's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction. 8. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. Page 4 III. ARTICLE COMPENSATION FOR ENGINEERING SERVICES The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work contemplated in Attachment A, the ENGINEER shall be paid on a lump sum basis in the amount of $102,500 for Basic Service and on an hourly basis plus expenses in an amount not to exceed $55,600 (as outlined in the attached proposal) with a total not to exceed cost ceiling of $158,100 as billed monthly by ENGINEER. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for any services and expenses incurred in accordance with the work performed subject to the limits set out in Article III. Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by such records or other written proof as CITY deems necessary to verify the billings. Invoices shall be made to City Finance Department's office at 1400 Main Street, Suite 440, Southlake, Texas 76092. If CITY fails to make payment due ENGINEER within thirty (30) days of the day when payment for services and expenses is due under the terms of this Agreement, ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the Texas Government Code. V. ARTICLE ADDITIONAL ENGINEERING SERVICES In addition to performing the engineering services set out in Article I, hereof, ENGINEER agrees to perform additional services as requested by CITY from time to time and CITY agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard hourly fee and expenses (see Attachment A) for actual time expended and actual out-of-pocket sums expended, such services to be one or more of the following: 1. Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; Page 5 3. Preparation of environmental impact assessments or statements for any governmental agency; 4. Miscellaneous engineering work for CITY not related to the Project; 5. To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; 6. Other services agreed to by the parties in writing and incorporated herein. VI. ARTICLE STANDARD OF CARE In performing its professional services, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided and in accordance with any applicable governmental laws, regulations and ordinances. VII. ARTICLE PERIOD OF SERVICE This Agreement shall be effective upon execution by CITY and ENGINEER, and shall remain in force until work is completed on the Project or until terminated under the provisions hereinafter provided in Article VIII. VIII. ARTICLE TERMINATION The CITY may terminate this Agreement at any time for convenience, with or without cause by giving written notice to the ENGINEER. Such termination may be made effective on such future date as agreed by the parties, but absent such agreement shall be immediate. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. Page 6 IX. ARTICLE OWNERSHIP OF DOCUMENTS 1. All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shall become the property of CITY if this Agreement is terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY's sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's expense, insurance of the type and of minimum coverage limits as follows: 1. Workers Compensation - Statutory Employer's Liability - Limits as required by the State of Texas. 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY within ten (10) business days after execution of this Agreement and prior to issuing Notice to Proceed. Such certificates shall provide that the insurer will give CITY not less than ten (10) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of Page 7 this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed as expeditiously as possible. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to CITY's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation as agreed upon by CITY and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: Shana Yelverton City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817-748-8400 Fax: 817-748-8010 Page 8 If to ENGINEER: Carl T. DeZee, P.E. Vice President Kimley-Horn and Associates, Inc. 2201 W. Royal Lane, Suite 275 Irving, Texas 75063 Phone: 214-420-5622 All notice shall be effective upon the date of receipt. XIII. ARTICLE SEVERABILITY In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. XIV. ARTICLE VENUE -LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to be executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: By: Laura Hill, Mayor ATTEST: By: City Secretary Page 9 ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC. Carl T. DeZee, P.E. THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared known to me [or proved to me on the oath of or through (description of identity card or other document)] to be the person whose name is subscribed to the foregoing instrument and that he/she is the duly authorized of , and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. .e Given under my hand and seal of office this day of , (SEAL) Notary Public, State of Texas Notary's Name Printed Page 10 Kimley>>> Horn Attachment February 18, 2020 Robert Cohen, P.E. City of Southlake Public Works Director 1400 Main Street, Suite 320 Southlake, Texas 76092 Re: Construction Documents for SH 114 Sanitary Sewer Relocations and Retaining Wall Design Revisions; Southlake, Texas Dear Mr. Cohen, Kimley-Horn and Associates, Inc. (the "ENGINEER") is pleased to submit this proposal (the "Agreement") to the City of Southlake (the "CITY") for providing professional engineering services associated with preparing construction documents for the SH 114 Sanitary Sewer Relocations and Retaining Wall Revisions required for the State Highway (SH) 114 Frontage Road and Ramp Improvements project. Our Scope of Services, Schedule, Fee and Billing are set forth below. Project Understanding Based on the design of the SH 114 Frontage Road and Ramp Improvements from Kirkwood Boulevard to Dove Road project prepared under separate agreements by ENGINEER, the CITY has requested the ENGINEER to provide design and construction phase services for the Sanitary Sewer Relocations and Retaining Wall Design Revisions. This project is anticipated to be permitted for construction by TxDOT. The sanitary sewer relocations will be incorporated into the Dove Road Water Line Relocations plans and bid by the CITY. The retaining wall revisions will be incorporated into the TxDOT SH 114 from FM 1938 to Dove Road plans and bid by TxDOT. Additional geotechnical investigations, or environmental permitting is not anticipated. This scope of services includes the design of the following: • Design of the SH 114 sanitary sewer relocations; • Easement Documents; • TxDOT Permits; • Floodplain Study and Construction Plans; • USACE Nationwide 12 Descriptive Memo; • Retaining Wall Design Revisions; • Bidding Phase Services; and • Construction Phase Services. Scope of Services Task 1— Sanitary Sewer Construction Plans (Lump Sum) • Project Management and Administration o Develop project production plan and schedule o Prepare for and attend up to one (1) meeting with CITY o Prepare for and attend up to one (1) meeting with TxDOT's Utility Coordinator o Project site visits o Data collection Kimley>»Horn Attachment A - Page 2 o Coordination with CITY o Prepare meeting agendas and summaries o Project correspondence and invoicing o Quality control and internal plan reviews • The ENGINEER will prepare construction plans for the sanitary sewer relocations. The construction plans may include the following sheets: o General Notes o Existing Sanitary Sewer Location Maps o Project Control o Sanitary sewer plan and profile sheets o Standard sanitary sewer detail sheets o Erosion control plans will be for plan review, approval, and contractor use in preparing the SWP3. The plan will conform to the CITY and Texas Commission on Environmental Quality (TCEQ) General Permit TXR150000 provisions. The elements of the Erosion Control Plan provided under this basic service shall include location and sizing of erosion control facilities, construction entrances, vegetative filters, inlet protection, sedimentation pond facilities, and the Best Management Practices (BMP's) for the purposes of erosion control for each phase of construction indicated above along with appropriate construction details. Basic services do not include a complete SWP3 Notebook. The General Contractor, Owner or other applicable Operators shall coordinate preparation of all elements comprising a complete SWP3 plan including but not limited to the project notebook, delegation letters, records keeping, inspections and reporting. The General Contractor or authorized site contractors/consultants shall install the storm water pollution control facilities, maintain the facilities, provide all construction phase documentation, inspection and pollution system management. The BMP's indicate on the erosion control plans shall be considered the minimum control to be provided for this project. Contractor shall be responsible for inspecting and modifying or replacing BMP's that are proving to be ineffective for site conditions. • The ENGINEER will incorporate the sanitary sewer construction plans into the Southlake Dove Road Water Line Relocations construction documents. • The ENGINEER will submit four (4) copies of the sanitary sewer plan sheets (two (2) full size (22" x 34"), two (2) half scale (11" x 17")) and a .PDF to the CITY and TxDOT's Utility Coordinator. • The ENGINEER will address comments from the CITY on the sanitary sewer sheets. The ENGINEER will meet with the CITY to discuss the review comments. An ENGINEER's Opinion of Probable Construction Cost (EOPCC) will be prepared and provided to the CITY and TxDOT. Task 2 — Easement Documents (Lump Sum) • The ENGINEER will prepare three (3) permanent sanitary sewer easements documents and two (2) temporary construction easements documents. • The documents will be submitted to the CITY for acquisition. Task 3 — TxDOT Permit (Lump Sum) The ENGINEER will submit final plans and associated permit checklist to TXDOT's Utility Coordinator as part of a permit submittal. All permitting fees will be paid by the CITY. The ENGINEER will prepare two permits for the sanitary sewer lines. One permit will be for the Southlake 12 -inch and 18 -inch sanitary sewer lines and the other permit will be for the Trophy Club MUD No. 1 10/12 -inch sanitary sewer line. The ENGINEER will address comments from the CITY and TxDOT's Utility Coordinator on the final plan sheets. The ENGINEER will meet with the CITY to discuss the review comments. Kim l ey >>> H o r n Attachment A- Page 3 Task 4 — Floodplain Study and Construction Plans • Construction Plans for Stream Armoring at Proposed Sanitary Sewer Crossings (Lump Sum) ENGINEER will provide the following deliverables for stream armoring along approximately 130 linear feet of Kirkwood Branch. Armoring is anticipated to consist of concrete riprap and large diameter rock riprap. Armoring is anticipated from approximately station 155 to station 265 above the Proposed 18" Southlake Sanitary Sewer Line and from approximately station 130 to station 220 above the Proposed TCMUD No. 1 Sanitary Sewer Line. Preliminary Design ■ Prepare preliminary construction plans. Prepare the following sheets: • Project Control sheet including the following: o Plan view layout showing limits of concrete channel lining and rock riprap. o Control table providing horizontal control data for key geometry points of improvements. • Layout and Grading Plan • Structural Detail sheet including the following: o Associated structural details. o Applicable notes and TxDOT specification references. Prepare preliminary opinion of probable construction cost (OPCC). Final Design ■ Incorporate one (1) round of Preliminary Design review comments from the CITY. ■ Finalize plans and documents. ■ Finalize OPCC. • Floodplain Study (Lump Sum) — Hydraulic analyses of Kirkwood Branch are required to design the armoring at the sanitary sewer crossings. o Baseline Model The project reach of Kirkwood Branch is Zone AE without a regulatory floodway and is included in Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel 48439C0085K and Tarrant County Flood Insurance Study (FIS) dated September 25, 2009. ENGINEER was previously directed by the CITY to utilize the TD Ameritrade Floodplain Study dated April 22, 2016 as the effective baseline model for Kirkwood Branch. Since then, ENGINEER extended the TD Ameritrade model to include the subject reach of Kirkwood Branch to include the existing box culverts at SH 114 for a Floodplain Study associated with the SH 114 TxDOT improvements. ENGINEER will use this revised Kirkwood Branch model as the baseline model for this study. The project limits begin at the interface with the future TxDOT rock riprap improvements and extend approximately 130 LF downstream. This study will Kimley>»Horn Attachment A - Page 4 include up to four additional cross sections within the project limits to better define existing and proposed conditions. o Revised Existing Condition Modeling ■ ENGINEER will create a Revised Existing condition hydraulic model by updating the baseline hydraulic model with topographic survey data previously acquired. ■ Design of improvements will be for the 100 -year storm event based upon existing watershed conditions taken from the baseline hydraulic model. o Proposed Condition Modeling ■ ENGINEER will model up to one (1) geometry for the proposed crossing configuration. ■ ENGINEER can model additional alternatives as Additional Services. o Design with Respect to Southlake Criteria ■ ENGINEER will perform hydraulic analyses to determine the impacts of the proposed improvements to the subject reach of Kirkwood Branch in relation to Southlake criteria for water surface elevations for the 100 -year design storm. ■ The ultimate 100 -year storm event will not be evaluated for this study. ■ The Floodplain Study will be prepared in accordance with the CITY's Flood Hazard Ordinance dated March 2011, the CITY's Storm Drainage Policy Ordinance dated June 1994, and FEMA NFIP Title 44 CFR Parts 59, 62, 65, and 70 effective at the time of this scope of services. o Valley Storage Analysis ■ The proposed improvements are anticipated to be within an existing U.S. Army Corps of Engineers (USACE) Overflow Easement. This easement requires that amount of valley storage beneath elevation 570' to remain the same or slightly greater. ■ This task includes using AutoCAD surfaces to analyze the existing ground and proposed ground surfaces with respect to elevation 570'. ■ ENGINEER will prepare an exhibit displaying the channel volume relative to the USACE Overflow Easement requirements. ■ This task excludes coordination with USACE. o Rock Riprap Sizing ■ ENGINEER with size rock riprap based on HEC -RAS velocities, depth of flow, and proposed slope in accordance with USACE 1110-2-1601 and/or FHWA HEC -11 methods. o Reporting ■ ENGINEER will prepare a Floodplain Study submittal to the CITY to report the proposed condition floodplain design. The Floodplain Study will include the following information. • Report text • Baseline hydraulic model data Revised Existing Condition hydraulic model data ■ Proposed Condition hydraulic model data ■ 100 -year Hydraulic Workmaps ■ Valley Storage Exhibit Kimley>»Horn Attachment A - Page 5 • Digital files ■ This task assumes the Floodplain Study report will not be in TxDOT format per TxDOT's Hydraulic Design Manual dated September 2019 and associated checklist (Guidelines for Hydraulic Reports Format). If additional reporting or exhibits are requested by the CITY or TxDOT, those services can be performed as an Additional Service. Submittals and Comments ■ ENGINEER will submit a Draft Floodplain Study. ■ ENGINEER will submit a Final Floodplain Study. ■ ENGINEER will submit up to two hard copies of the Floodplain Study to the CITY. ■ Addressing CITY comments will be provided under a separate task. • CITY Approvals (Reimbursable/Hourly) ENGINEER will respond to CITY comments, as applicable, for the Floodplain Study under this task. Due to the unknown nature of the comments, effort expended under this task will be billed on an hourly basis in accordance with ENGINEER's then current hourly rates. The ENGINEER's role is limited, and services are only provided upon request from the CITY and billed on a reimbursable basis as labor and direct expenses are incurred. The budgeted fee for this task is based on approximately 25 hours of ENGINEER labor. If additional effort is required, it will be performed as an Additional Service. Task 5 — USACE Nationwide 12 (Utility Lines) Descriptive Memo (Lump Sum) ENGINEER will provide the following professional services under this task to submit to the CITY a descriptive memo regarding the use of Nationwide (NWP) Utility Lines under a no notification scenario. • This scope is based on the understanding that the proposed utility line and permanent impacts to waters of the U.S. are less than 0.10 -acre at each separate, single and complete proposed crossing, and will not include impacts to forested wetlands and will not be placed in jurisdictional areas for more than 500 -ft. ENGINEER will prepare a memo discussing USACE Section 404 Permitting under a 'no notification' scenario that will include a description of selected General Conditions as well as a suggested list of BMPs required for compliance with TCEQ water quality certification. This memo can be used to document the thought process for using this permitting scenario and to provide the selected contractor with information relating to permit compliance. Though no coordination with the USACE is proposed, the activity will be authorized under a Federal permit. All terms and conditions of the permit must be met by the CITY. • The memo will include, at a minimum, the following information" o Brief project description, including site sketches, as it relates to proposed impacts to waters of the U.S.; o Site visit photographs to document existing/preconstruction conditions; o A copy of the NWP 12 permit language with General Conditions; o State Water Quality Certifications and Conditions; Kimley>>> Horn Attachment - Page 6 o NWP Regional Conditions for Texas; o Cultural Resources information from readily available databases; and o Threatened and Endangered Species information from readily available databases Task 6 — Retaining Wall Design Revisions (Lump Sum) The ENGINEER will revise the TxDOT SH 114 Retaining Wall No. 9 construction plans to allow the existing sanitary sewer lines to remain in place. The ENGINEER will submit the plans to TxDOT for review. The ENGINEER will address comments from TxDOT and submit the final plans to TxDOT. Task 7 — Bidding Phase Services (Reimbursable/Hourly) This task includes up to 40 hours and may include the following as requested by the CITY: • The ENGINEER will prepare a Project Manual for public bidding • The ENGINEER will prepare the documents via an electronic bidding site such as CivCast. Hosting fees are included in the contract price. • Issue addenda as appropriate to interpret, clarify, or expand the bidding document • Attend the Bid Opening • Tabulate the bids received and evaluate the compliance of the bids received with the bidding document • Prepare a written summary of this tabulation and evaluation together with a letter addressing the award of the construction contract • The ENGINEER will coordinate with the lowest qualified bidder and prepare the contract documents for execution (including printing up to six (6) plan sets) Task 8 — Construction Phase Services (Reimbursable/Hourly) The CITY will provide construction management services and inspection for the Project. The ENGINEER will provide the following construction phase services as directed by the CITY: • Pre -Construction Conference. ENGINEER will attend a Pre -Construction Conference prior to commencement of construction activity. Visits to Site and Observation of Construction. ENGINEER will make visits as directed by CITY in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the work. ENGINEER will not supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. ENGINEER does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. Kimley>»Horn Attachment A - Page 7 • Recommendations with Respect to Defective Work. ENGINEER will recommend to CITY that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, ENGINEER believes that such work will not produce a completed Project that generally conforms to the Contract Documents. • Clarifications and Interpretations. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by CITY. • Change Orders. ENGINEER may recommend Change Orders to the CITY, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. • Shop Drawings and Samples. ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. • Substitutes and "or -equal." ENGINEER will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents. Inspections and Tests. ENGINEER may require special inspections or tests of Contractor's work as ENGINEER deems appropriate, and may receive and review certificates of inspections within ENGINEER's area of responsibility or of tests and approvals required by laws or the Contract Documents. ENGINEER's review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. • Disagreements between CITY and Contractor. ENGINEER will, if requested by CITY, render written decision on all claims of CITY and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, ENGINEER shall be fair and not show partiality to CITY or Contractor and shall not be liable in connection with any decision rendered in good faith. Applications for Payment. Based on its observations and on review of applications for payment and supporting documentation, ENGINEER will determine amounts that ENGINEER recommends Contractor be paid. Such recommendations will be based on ENGINEER's knowledge, information and belief, and will state whether in ENGINEER's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. For unit price work, ENGINEER's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. ENGINEER's recommendations will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. • Substantial Completion. ENGINEER will, after notice from Contractor that it considers the Work ready for its intended use, in company with CITY and Contractor, conduct a site visit to Kimley>»Horn Attachment A - Page 8 determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. Final Notice of Acceptability of the Work. ENGINEER will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that ENGINEER may recommend final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of ENGINEER's knowledge, information, and belief based on the extent of its services and based upon information provided to ENGINEER. Record Drawings o The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: ■ As -Built Survey ■ Red -Line Markups from Contractor ■ Red -Line Markups from City Inspector ■ Copies of Approved Change Orders ■ Approved Substitutions o The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. o The following disclaimer shall be included with the Record Drawing stamp: ■ These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. o The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. Information to Be Provided By the CITY The CITY shall provide the following to the ENGINEER: Record drawings for the CITY utilities and As -Built Survey and red -line markups Additional Services Any services not specifically identified in the Scope of Services shall be considered Additional Services. These may be performed on an individual basis upon written authorization by the CITY at our then current hourly rates under the existing Agreement if budget allows. Kimley>»Horn Schedule Attachment A - Page 9 The ENGINEER will provide its services as expeditiously as practical to meet a mutually agreed upon schedule. Fee and Billing The ENGINEER will perform the services identified in the Scope of Services on either a Lump Sum or Reimbursable/Hourly basis in accordance with the following tasks: Lump Sum: Task Fee: Task 1 — Sanitary Sewer Construction Plans $27,900 Task 2 — Easement Documents $11,700 Task 3 — TxDOT Permit $5,000 Task 4 — Floodplain Study and Construction Plans $42,400 Task 5 — USACE Nationwide 12 Descriptive Memo $5,500 Task 6 — Retaining Wall Design Revisions $10,000 Total Lump Sum: $102,500 Reimbursable/Hourly: Task Fee: Task 4 — Floodplain Study City Approval $4,800 Task 7 — Bidding Services $5,800 Task 8 — Construction Phase Services $45,000 Total Lump Sum: $55,600 Total Fee: $158,100 The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum fee of $102,500. All permitting, application, and similar project fees will be paid directly by the CITY. Lump Sum fees will be invoiced monthly based upon percentage of services performed as of the invoice date. The ENGINEER will provide the Reimbursable/Hourly Tasks services on a labor fee plus expense basis. For your budgeting purposes, we recommend allocating $55,600 for these tasks (not -to -exceed). The fee breakdowns for each task are for budgeting purposes only and ENGINEER reserves the right to reallocate the reimbursable budget among tasks as necessary. Direct reimbursable expenses (subconsultant fees, out -of -house printing, courier services, etc.) will be billed at a rate of 1.10 times cost. Labor fee will be billed on an hourly basis based on then hourly rates. A percentage of labor fee (6%) will be added to each invoice and is included in the not -to -exceed budgets, to cover certain other expenses such as telecommunications, printing, in-house reproduction, postage, computer expenses, supplies, and local mileage. Administrative time related to the project will be billed hourly. All permitting, application, and similar project fees will be paid directly by the CITY. Fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. A description of services provided and hourly breakdown will be provided with each invoice. Payment will be due within thirty (30) days of your receipt of the invoice. Closure If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute the Agreement for Engineering Services and return to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Kimley»>Horn Attachment A - Page 10 We appreciate the opportunity to provide these services to you. Please contact me if you have any questions, Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Texas Registration No. F-928 Carl T. DeZee, P.I. Vice President kimley-horn.corn Kimley»>Horn Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Analyst $110-$180 Professional $165-$215 Senior Professional 1 $185-$255 Senior Professional II $245-$270 Senior Technical Support $120-$195 Support Staff $80-$120 Technical Support $90-$105 Effective through lune 30, 2020 Subject to annual adjustment thereafter * r _ Location Map Kimley>»Horn February 18, 2020 Robert Cohen, P.E. City of Southlake Public Works Director 1400 Main Street, Suite 320 Southlake, Texas 76092 Re: SH 114 Sanitary Sewer Relocation Cost Breakdown; Southlake, Texas Dear Mr. Cohen, The TxDOT SH 114 Project from FM 1938 to Dove Road (Project) requires the Southlake 18 - inch and 12 -inch sanitary sewer lines and the Trophy Club MUD No. 1 10/12 -inch sanitary sewer to be relocated. The Town of Westlake has an interest in the Southlake 18 -inch sanitary sewer line as defined in the Interlocal Agreement between the Town of Westlake and the City of Southlake for use of N-1 Sewer Line. The Town of Westlake is liable for 45.8% and the City of Southlake is liable for 54.2%. Per your request, we have prepared the following breakdown of the engineering and opinion of probable construction costs associated with these sanitary sewer relocations. • Design $107,300 o Sanitary Sewer $27,900 ■ Westlake (15.9°/x) $4,437 ■ Southlake (46.3%) $12,916 ■ Trophy Club MUD (37.8%) $10,547 The percentages above are based on the opinion of probable construction cost (OPCC) for each sanitary sewer line as a percentage of the total sanitary sewer line OPCCs. o Easement Documents $11,700 ($2,340/easement) ■ Westlake $1,608 • Partial temporary easement • Partial permanent easement Southlake — 2 easements $6,582 • One temporary easement • Partial temporary easement • One permanent easement • Partial permanent easement ■ Trophy Club MUD $3,510 • Partial temporary easement • One permanent easement Kimley>»Horn o TxDOT Permit $5,000 ■ Westlake (15.9°/x) $795 ■ Southlake (46.3%) $2,315 ■ Trophy Club MUD (37.8%) $1,890 o Floodplain Study $47,200 ■ Westlake (15.9°/x) $7,506 ■ Southlake (46.3%) $21,851 ■ Trophy Club MUD (37.8%) $17,843 o USACE Nationwide 12 $5,500 ■ Westlake (15.9°/x) $875 ■ Southlake (46.3%) $2,546 ■ Trophy Club MUD (37.8%) $2,079 o Retaining Wall $10,000 ■ Westlake (45.8°/x) $4,580 ■ Southlake (54.2%) $5,420 Sanitary Sewer Opinion of Probable Construction $455,000 o Southlake 18 -inch sanitary sewer Westlake (45.8°/x) Southlake (54.2%) $72,364 $85,636 o Southlake 12 -inch sanitary sewer $125,000 o Trophy Club MUD 10/12 -inch sanitary sewer $172,000 • Bidding Phase Services $5,800 o Westlake (15.9%) $922 o Southlake (46.3%) $2,685 o Trophy Club MUD (37.8%) $2,193 • Construction Phase Service $45,000 o Westlake (15.9%) $7,157 o Southlake (46.3%) $20,832 o Trophy Club MUD (37.8%) $17,011 • Total cost breakdown for each municipality / utility district: o Westlake $100,244 o Southlake $285,783 o Trophy Club MUD No. 1 $227,073 o Total $613,100 The City and Trophy Club MUD No. 1 have existing easements for these sanitary sewer lines. Therefore, all these costs except for the retaining wall design are eligible for TxDOT reimbursement. We will include the eligible costs in the TxDOT utility agreement for TxDOT review and approval. Kimley>»Horn I have attached the opinion of probable construction costs for your reference. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC, Texas Re istratio No. F-928 Carl T. DeZee, P.E. cc: Jerry Hodge, Hodge & Associates, Inc. Kimley-Horn and Associates, Inc. Opinion of Probable Construction Cost Client: Trophy Club Date: 2/18/2020 Project: SH 114 Sanitary Sewer Relocations Prepared By: CTD KHA No. 061237045 Checked By: CTD Title: Trophy Club - 10 -inch & 12 -inch Sewer Conflict 93 Line No. I Description Quantity Unit Unit Price Cost 1 Mobilization 1 EA $ 12,570.00 $12,570 2 Site Preparation 1 EA $ 3,000.00 $3,000 3 Temporary Erosion, Sedimentation, & Water Pollution Prevention Control 1 EA $ 2,000.00 $2,000 4 Traffic Control 1 EA $ 2,500.00 $2,500 5 Utility Abandonment Grout 10 Cy $ 220.00 $2,200 6 10" Dia. SDR -26 PVC Sewer Pipe (Open Cut) 50 LF $ 155.00 $7,750 7 12" Dia. SDR -26 PVC Sewer Pipe (Open Cut) 350 LF $ 190.00 $66,500 8 5 -foot Dia. Std. Manhole (0-6 ft depth) 2 EA $ 13,200.00 $26,400 9 Extra depth for 4 -foot Dia Manhole 12 VF $ 330.00 $3,960 10 Remove 4 -foot Dia Sewer Manhole 4 EA $ 1,100.00 $4,400 11 Temporary Sanitary Sewer Manhole Connection 1 EA $ 8,250.00 $8,250 12 Epoxy Lining 24 VF $ 220.00 $5,280 13 Connect Proposed Sanitary Sewer to Existing Sanitary Sewer 2 EA $ 2,530.00 $5,060 14 Concrete Pipe Encasement 205 LF $ 88.00 $18,040 15 Sanitary Sewer Trench Safety 395 LF $ 2.00 $790 11 16 lHydromulch 1 1,100 1 Sy 1 $ 3.00 11 $3,300 Q No Design Completed IFTotal:$172,000 U Preliminary Design ❑ Final Design The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable Kimley-Horn and Associates, Inc. Opinion of Probable Construction Cost Client: City of Southlake Date: 1/16/2020 Project: SH 114 Sanitary Sewer Relocations Prepared By: CTD KHA No. 061237045 Checked By: CTD Title: Southlake - 18 -inch Sewer Conflict 100 Line No. I Description Quantity Unit Unit Price Cost 1 Mobilization 1 EA $ 11,990.00 $11,990 2 Site Preparation 1 EA $ 3,000.00 $3,000 3 Temporary Erosion, Sedimentation, & Water Pollution Prevention Control 1 EA $ 2,000.00 $2,000 4 Traffic Control 1 EA $ 2,500.00 $2,500 5 Utility Abandonment Grout 30 Cy $ 220.00 $6,600 6 18" Dia. ASTM F679 PS 115 Sewer Pipe (Open Cut) 300 LF $ 200.00 $60,000 7 5 -foot Dia. Std. Manhole (0-6 ft depth) 2 EA $ 13,200.00 $26,400 8 Extra depth for 5 -foot Dia Manhole 12 VF $ 330.00 $3,960 9 Remove 5 -foot Dia Sewer Manhole 3 EA $ 1,100.00 $3,300 10 Temporary Sanitary Sewer Manhole Connection 1 EA $ 8,250.00 $8,250 11 Epoxy Lining 24 VF $ 220.00 $5,280 12 Connect Proposed Sanitary Sewer to Existing Sanitary Sewer 2 EA $ 2,530.00 $5,060 13 Concrete Pipe Encasement 185 LF $ 88.00 $16,280 14 Sanitary Sewer Trench Safety 325 LF $ 2.00 $650 15 lHydromulch 1 910 1 Sy I $ 3.00 1 $2,730 0 No Design Completed Total: 1$158,000 ❑ Preliminary Design ❑ Final Design The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable Kimley-Horn and Associates, Inc. Opinion of Probable Construction Cost Client: City of Southlake Date: 1/16/2020 Project: SH 114 Sanitary Sewer Relocations Prepared By: CTD KHA No. 061237045 Checked By: CTD Title: Southlake - 12 -inch Sewer Conflicts 102 - 109 Line No. I Description Quantity Unit Unit Price Cost 1 Mobilization 1 EA $ 10,590.00 $10,590 2 Site Preparation 1 EA $ 2,500.00 $2,500 3 Temporary Erosion, Sedimentation, & Water Pollution Prevention Control 1 EA $ 1,500.00 $1,500 4 Traffic Control 1 EA $ 2,500.00 $2,500 5 Utility Abandonment Grout 20 Cy $ 220.00 $4,400 6 12" Dia. SDR -26 PVC Sewer Pipe (Open Cut) 150 LF $ 165.00 $24,750 7 4 -foot Dia. Std. Manhole (0-6 ft depth) 2 EA $ 11,000.00 $22,000 8 Extra depth for 4 -foot Dia Manhole 12 VF $ 330.00 $3,960 9 Remove 4 -foot Dia Sewer Manhole 4 EA $ 1,100.00 $4,400 10 Temporary Sanitary Sewer Bypass Pumping 1 EA $ 27,500.00 $27,500 11 Epoxy Lining 24 VF $ 220.00 $5,280 12 Connect Proposed Sanitary Sewer to Existing Sanitary Sewer 2 EA $ 2,530.00 $5,060 13 Concrete Pipe Encasement 100 LF $ 88.00 $8,800 14 Sanitary Sewer Trench Safety 250 LF $ 2.00 $500 15 lHydromulch 1 420 1 SY 1 $ 3.00 1 $1260 0 No Design Completed Total: 1$125,000 ❑ Preliminary Design ❑ Final Design The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable INTERLOCAL AGREEMENT FOR THE PROVISIONS OF SANITARY SEWER SERVICES CONNECTED TO THE N-1 SANITARY SEWER COLLECTOR MAIN IN THE TOWN OF WESTLAKE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the Town of Westlake, Texas, a Type A general law municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Westlake") and the City of Southlake, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Southlake"). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments in the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation, and utility services; and WHEREAS, Westlake and Southlake desire to provide sanitary sewer service to the citizens of the respective municipalities by not duplicating services; and WHEREAS, pursuant to a prior interlocal agreement dated August 29, 1995 (the "1995 Agreement"), Westlake and Southlake currently share capacity in a portion of Southlake's sanitary sewer collector main, commonly referred to as "N-1 collector main" and is located within the N-1 drainage basin (the "N-1 collector main") depicted on Exhibit "A" attached hereto; and WHEREAS, pursuant to another interlocal agreement between the municipalities dated August 6, 1999 (the °1999 Agreement"), after two years from the date Glenwyck Farms tapped the N-1 collector main Westlake agreed to pay Southlake twice the rates Southlake is required to pay the Trinity River Authority ('TRA") for wastewater treatment in the Denton Creek System; and WHEREAS, Southlake pays for the cost for treatment of all . the wastewater transported through the N-1 collector main; and WHEREAS, Westlake has constructed sanitary sewer facilities to serve the Glenwyck Farms, Vaquero, Granada, and Terra Bella subdivisions located in the town limits of Westlake and within the N-1 drainage basin; and WHEREAS, wastewater flows from'the Glenwyck Farms, Vaquero and Granada subdivisions are measured by an area wastewater meter; and WHEREAS, wastewater flows from the Carlyle and Terra Bella subdivisions are not measured by area wastewater meters prior to the points of connection to the N-1 collector main; and WHEREAS, Westlake has agreed that a portion of the waste water flow from the Southlake Meadows addition in Southlake may flow through the Terra Bella subdivision sewer collection system prior to entering the N-1 collector main; and WHEREAS, Westlake and Southlake mutually desire to be subject to the provisions of the Interlocal Cooperation Act and other applicable statutes and contract pursuant thereto. NOW, THEREFORE, for the mutual consideration herein stated, Westlake and Southlake agree as follows: 1 Wastewater Southlake agrees to receive and discharge normal domestic wastewater from properties within Westlake, specifically, the normal domestic wastewater from the portion of the N-1 drainage basin located within Westlake. For purposes of this Agreement, "normal domestic wastewater" shall mean wastewater excluding industrial wastewater and any commercial wastewater which would require pretreatment by TRA unless that wastewater is adequately pretreated to meet TRA's requirements. Westlake agrees to take all reasonable and necessary steps to prevent industrial wastewater and commercial wastewater which would require pretreatment by TRA from entering Southlake's wastewater system, including the passage of any necessary regulatory measures to prohibit such discharge, or to adequately pretreat such wastewater to meet TRA's requirements prior to its entry into Southlake's wastewater system. Westlake agrees to receive and discharge normal domestic wastewater from properties within Southlake, specifically, the normal domestic wastewater from the portion of the southlake Meadows subdivision located within Southlake. For purposes of this Agreement, "normal domestic wastewater" shall mean wastewater excluding industrial wastewater and any commercial wastewater which would require pretreatment by TRA unless that wastewater is adequately pretreated to meet TRA's requirements. Southlake agrees to take all reasonable and necessary steps to prevent industrial wastewater and commercial wastewater which would require pretreatment by TRA from entering Westlake's wastewater system, including the passage of any necessary regulatory measures to prohibit such discharge, or to adequately pretreat such wastewater to meet TRA's requirements prior to its entry into Westlake's wastewater system. 2 Billing The 1995 Agreement and the 1999 Agreement between Westlake and Southlake for billing Westlake metered and estimated wastewater flows through the N-1 collector main are hereby amended as follows: Until such time Trinity River Authority assumes billing responsibilities, Southlake shall read, or cause to be read, all current and proposed area meters identified on Exhibit "B" to calculate a sewer volume for billing Westlake. For any Westlake sanitary sewer connection to the N-1 collector main that is not metered by an area sanitary sewer meter (unmetered), Westlake shall provide Southlake a copy of the Westlake utility bill for each unmetered' utility customer no later than 10 days following that date that Westlake bills are mailed to Westlake customers. Southlake will in turn bill Westlake on a monthly basis for sewer treatment of the aggregate average sewer volume as determined by the Winter Quarter Average (December, January, and February) for each sanitary sewer connection that is not metered by an area sanitary sewer meter. Southlake will invoice Westlake for wastewater treatment as described above. Payment shall be due to Southlake no later than 30 days of the invoice date. 3 Rates and Bills The rates charged for all Westlake sanitary sewer volume discharged into the N-1 collector main, metered or unmetered, shall be equal to the most current rates adopted by TRA for wastewater treatment in the Denton Creek System plus 10% administrative. This section shall apply to all properties in Westlake that are served by the N-1 collector main either measured by an area sanitary sewer meter or estimated as identified above. Whenever there is a change in the rate TRA charges for sewer treatment Southlake shall: 1) notify Westlake of the change; and modify Southlake's billing to reflect the pass-through rate charged to Westlake. 4 Other Service Area The municipalities agree that no service areas or individual sanitary sewer services from properties that are outside the N-1 drainage basin shall be allowed to be connected to the N-1 collection main without the written consent of both municipalities. Therefore, neither Westlake nor Southlake may add areas or customers outside of the N-1 drainage basin as shown on Exhibit "A" and as recorded on Southlake's Sewer System Master Plan. 5 Applicable Law This Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto shall be governed by the laws of the State of Texas. This Agreement is fully performable in Tarrant County, Texas, and in the event that any cause of action is filed by either party arising out of the terms of this Agreement, the exclusive venue for said lawsuit shall be in Tarrant County, Texas. 6 Severability In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 7 Authority Each party certifies that the undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. 8 Term and Termination of Agreement This Agreement shall continue so long as wastewater flow from any subdivision in the town limits of Westlake flows into the Southlake sanitary sewer system; provided, however, that this Agreement may be terminated by either party, with or without cause, one hundred eighty (180) days after written notice of termination is delivered by the party desiring to terminate the Agreement to the other party at the address provided herein. 9 No joint enterprise No provision of this Agreement shall be construed to create any type of joint ownership of any property, to create a partnership, joint venture or other agreement of any kind, or to create any right of partial control, ownership of or equity in the other municipalities' facilities described herein. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat superior shall not apply between the municipalities. 10 Notice Any notice, communication or request provided or permitted to be given by either party to the other party must be in writing and addressed as follows: If to Southlake: City of Southlake Attn: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 Telephone: (817) 748-8400 Facsimile: (817) 748-8010 and to: City of Southlake Attn: Director of Public Works 1400 Main Street, Suite 320 Southlake, Texas 76092 Telephone: (817) 748-8400 Facsimile: (817) 748-8077 If to Westlake: Town of Westlake Attn: Town Manager 1301 Solana Blvd., Building 4, Suite 4202 Westlake, Texas 76262 Telephone: (817) 430-0941 Facsimile: (817) 430-1812 and to: Town of Westlake Attn: Director of Public Works 1301 Solana Blvd., Building 4, Suite 4202 Westlake, Texas 76262 Telephone: (817) 430-0941 Facsimile: (817) 430-1812 or to such other addresses as may be provided for in writing from time to time. 11 Other agreements unaffected This Agreement shall govern the provision of all Town of Westlake wastewater discharged into the N-1 sewer line. All other interlocal agreements between Westlake and Southlake not changed in whole or in part by this agreement shall continue in effect. 12 No waiver of immunity or defenses This Agreement is made pursuant to Chapter 791 of the Texas Government Code. It is expressly understood and agreed that in the execution of this Agreement, neither municipality waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, or any damage limitation or other protection provided to municipalities under any applicable law. This section shall be liberally construed to carry out the intent of each municipality's governing body, and the municipalities do hereby invoke said governmental immunity to the extent possible under the law. 13 No third party beneficiaries It is understood by the parties that this Agreement is entered into for the mutual convenience and public purposes of the municipalities which are parties hereto, and it is the parties' intent that no other parties shall be construed as beneficiaries of this Agreement, including the owners, residents, or operators of property connected to the N-1 collection main, regardless of whether such persons are provided wastewater services under this Agreement. 14 Payment for Services Each party paying for the performance of governmental functions or services hereunder shall make those payments from current revenues available to the paying party. 1s Section or Other Headings Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 16 Amendment This Agreement may only be amended, altered, or revoked by written instrument signed by both parties. 17 Interpretation Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for nor against any party 18 Counterparts This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. This Agreement may be executed in multiple originals. 19 Force Majeure If, by reasons of Force Majeure, any party will be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party will give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence of such event. The obligations of the party giving such notice, to the extent affected by such Force Majeure, will be suspended during the period of the inability, provided that both parties agree to use good faith and exercise reasonable efforts to remove and overcome such inability. 20 Mutual Assistance The parties hereto agree to take all reasonable measures which are necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 21 Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. CITY OF SOUTHLAKE (P 7 -tel(, Date L ura 1-1111, Mayor Mayor ATTEST: Lori Payne, Approved as to form and Legality / -e"-0k-Ikj7z Allen Taylor, Cityrney TOWN OF WESTLAKE ouIA1IP Date Town S reetta Exhibit "A" Southlake's Sewer System Master Plan Exhibit "B" Area Meter Location Map Westlake sewer line Southlake sewer line _ N_2 sewer line _ Westlake -Entrada Meter Southlake Meter Station' Southlake Meadows ICA! INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 REGARDING SANITARY SEWER LINE ADJUSTMENTS CROSSING SH 114 This Interlocal Agreement (the "Agreement") regarding Sanitary Sewer Line Adjustments Crossing 114 is made and entered into by and between the City of Southlake, Texas ("Southlake"), a municipal corporation located in Tarrant County, Texas, and the Trophy Club Municipal Utility District No. 1, Texas ("the District"), a municipal utility district located in Denton County, Texas. Southlake and the District shall hereafter be collectively referred to as "the Parties." RECITALS WHEREAS, the Parties mutually desire to enter into an interlocal agreement to undertake the adjustments to the existing 10" and 12" Sanitary Sewer Line serving the District (the "Project") necessitated by the construction of the SH 114 Frontage Road Improvements; and WHEREAS, Chapter 791, Texas Government Code, as amended (the "Act"), provides authorization for local governments to contract with one another for the performance of governmental functions and services under the terms of the Act; and WHEREAS, "Local government" is defined to include both municipalities such as Southlake and special districts such as the District; and WHEREAS, the Parties have need to construct the Project located in Southlake; and WHEREAS, due to the compelling urgency of the Project, the City of Southlake has previously contracted for Consulting Engineering Services related to the design of the Project; and WHEREAS, the Parties are required to provide financing for the Project; and WHEREAS, the costs of the design and construction of the Project are eligible for full reimbursement from the Texas Department of Transportation ("TxDOT') under a Reimbursement Agreement to be entered into between each of the Parties and TxDOT; and WHEREAS, the Parties are willing to cooperate with one another to accomplish the construction of the Project as provided in this Agreement; and Page 1 of 7 WHEREAS, state law requires that a local government paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement: AGREEMENTS, TERMS AND CONDITIONS NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby contract, covenant, warrant and agree as follows: I. ADOPTION OF RECITALS All of the matters stated in the Recitals stated above are agreed to be true and correct and are hereby incorporated into the body of the Agreement by reference as though fully set forth in their entirety herein. II. OBLIGATIONS OF THE PARTIES 1. The District shall approve the construction plans and specification prior to commencement of construction of the Project by Southlake. The District shall also approve any change orders relating to the Project prior to approval thereof by Southlake. 2. The Parties agree that Southlake shall retain a General Contractor to construct the Project and shall manage all aspects of the contract with the General Contractor including Bidding Phase and Construction Phase Services, but excluding Construction Inspection Services, which will be provided by the District. 3. The Parties agree that the General Contractor shall provide Performance and Payment Bonds in the full amount of the Project contract cost, to be issued naming Southlake as beneficiary. 4. The Parties agree that the General Contractor shall also provide a Maintenance Bond in the amount of 25% of the Project contract cost, to be issued naming the District as beneficiary. The term of the Maintenance Bond shall be two (2) years, commencing upon final completion of the Project. 5. Prior to final completion and acceptance of the Project by Southlake, a replacement wastewater easement shall be furnished to the District. The easement shall be perpetual, not less than 20 -feet in width, and in a form approved by the District. Page 2 of 7 6. The Parties agree that the General Contractor shall provide Insurance to the contracting party, Southlake, with the District named as an additional insured. Copies of the insurance certificate(s) naming the District as an additional insured shall be furnished to the District prior to commencement of construction. 7. The Parties agree to fund the Project as follows: a) Southlake shall initially pay all costs of design and construction of the Project, subject to reimbursement in accordance with the terms of this Agreement. b) The District shall reimburse Southlake for the District's proportionate share of the cost of all design services for the Project, including Bidding Phase Services, under an agreement for Engineering Services with Kimley Horn Engineers. The estimated cost of design services rendered on behalf of the District is $50,670. The District's reimbursement obligation shall be limited to funds actually received from TxDOT as reimbursement for such costs and shall include any reimbursements from TxDOT for any additional engineering services necessitated by any additional engineering services related to the Project that may arise in the future. b.) The District shall reimburse Southlake 100% of the actual reimbursements received from TxDOT for the costs of construction of the Project, which the Parties currently estimate to be $172,000.00. The District shall have no obligation to provide payment to Southlake for any construction or other costs relating to the Project except with respect to funds actually received from TxDOT. 8. Southlake shall submit monthly bills to TxDOT for the design and construction costs of the Project with a copy provided to the District. The District shall sign its copy and forward the bill to TxDOT within five business days of receipt to insure prompt processing by TxDOT. 9. The Parties anticipate that TxDOT will reimburse the District approximately 90% of the invoice amount within 30 days of receipt of the bill, and the remaining reimbursement shall be received after final completion of the Project. 10. The District agrees to make payment to Southlake by written check or electronic fund transfer pursuant to instructions provided by Southlake within ten business days of receiving its reimbursement payment from TxDOT. The District shall be under no obligation to provide payment by electronic funds transfer, and may elect to provide payment by check. Page 3 of 7 11. The Parties agree that the District will provide all Construction Inspection Services for the Project. 12. The Parties agree that the construction to be done within Southlake shall be in accordance with Southlake's Code of Ordinances including, but not necessarily limited to, providing proper barricades, traffic control during construction, detours and project clean up after the contractor is completed. III. INDEMNIFICATION AND HOLD HARMLESS 1. To the extent allowed by law, the District agrees to indemnify and hold Southlake harmless from any claim by a third party for damages arising from or resulting from the construction or maintenance of the improvements constituting the Project in accordance with terms set forth in this Agreement, or in any other way arising from any portion of the Project, including but not limited to any property damage or personal injuries, including death. 2. To the extent allowed by law, Southlake agrees to indemnify and hold the District harmless from any claim by a third party for damages arising from or resulting from the construction or maintenance of the improvements constituting the Project in accordance with terms set forth in this Agreement, or in any other way arising from any portion of the Project, including but not limited to any property damage or personal injuries, including death. 3. The provisions of these indemnification and hold harmless provisions of this Agreement shall not apply to acts of gross negligence or willful misconduct by the indemnified party. 4. The indemnification provisions of this Agreement are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 5. The provisions relating to indemnification and hold harmless contained herein shall not be deemed a waiver of any sovereign or governmental immunity or limitation on damages created or recognized by any applicable law, including but not limited to Tex. Civ. Proc. & Rem. Code Section 101.001 et. seq. IV. NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: Page 4 of 7 TO SOUTHLAKE: TO DISTRICT: City of Southlake Trophy Club Municipal Utility 1400 Main Street District No. 1 Southlake, Texas 76092 100 Municipal Drive Attention: City Manager Trophy Club, Texas 76262 Attention: General Manager Notice of a change of address may be given by either party, to be effective ten (10) days after the sending of written notice of such change pursuant to this provision. V. MISCELLANEOUS PROVISIONS 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 4. All payments made hereunder shall be payable from funds currently available to the District. 5. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 6. If, 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 hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 7. The obligations and undertakings of each of the parties to this Agreement are performable and shall be fully performed in Tarrant County, Texas. 8. Each person signing this Agreement warrants that person has received authority from the governing body of the party for which it is signing this Agreement to enter into this Agreement. Page 6 of 7 EXECUTED this the day of 2020. CITY OF SOUTHLAKE, TEXAS Mayor for the City of Southlake, Texas ATTEST: City Secretary for the City of Southlake, Texas APPROVED AS TO FORM: [SEAL] City Attorney for the City of Southlake, Texas Page 6 of 7 EXECUTED this the 074-4 day of 91-eb v '2020. TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 /I Presic(e0t, Board of Directors Trophy Club Municipal Utility District No. 1 ATTEST: Di trict Secretary ����\\G�vg MUN�C/ • • • • Trophy Club Municipal ility District No. 1 ' A p�SAN,,,-•A-9� Q •4> QG• =o00 mZ APP OVED AS TO FORM: s Gj��• TE�Pg•.•,o S / DII District AA Counsel Trophy ClubJMunicipal Utility District No. 1 Page 7 of 7