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
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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.
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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
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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.
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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.
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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.
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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.
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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;
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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.
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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
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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
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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
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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
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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