Item 4F - MemoCITY OF
SOUTHLAKE
MEMORANDUM
(March 1, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4F
Subject: Approve Supplement Agreement No. 1 with Kimley-Horn and
Associates, Inc. to provide additional engineering services
associated with the relocation and accommodation of existing
the sanitary sewer facilities for the SH 114 Frontage Road and
ramp improvements project in an amount not to exceed $70,000.
Action
Requested: Approve Supplement Agreement No. 1 with Kimley-Horn and
Associates, Inc. (KHA) to provide additional engineering services
associated with the relocation and accommodation of existing the
sanitary sewer facilities for the SH 114 Frontage Road and ramp
improvements project in an amount not to exceed $70,000.
Background
Information: Existing water and sanitary sewer lines were discovered to be in
conflict with the SH 114 frontage road improvement project. A
separate design and construction effort had to be undertaken to
relocate the utility lines outside of the frontage road project's limits.
All expenses associated with the relocation of the water and
sewerlines located within a utility easement are to be reimbursed by
TxDOT. The City is required to design and construct the utility lines
that are in conflict with the TxDOT highway improvements and
submit the costs of the relocations to TxDOT for reimbursement.
TxDOT staff recently indicated to the project team that additional
documentation is required to support reimbursement for the line
relocations. This supplemental agreement will develop the requisite
documentation necessary so the City of Southlake will be sufficiently
reimbursed for all expenses incurred to relocate the utility lines.
Financial
Considerations: Funding for this agreement is budgeted as part of the approved
Capital Improvement Program. This agreement is within the project
budget.
Page 1 of 2
Item 4F
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, B2:
Collaborate with Select Partners to Implement Service Solutions,
and F2: Invest to Provide & Maintain High Quality Public Assets. The
Critical Business Outcome is, CBO3: Engage In Thoughtful Planning
To Ensure Continued High Quality Development That Is Integrated
Well Into The Current Built Environment.
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.
Staff
Recommendation: Approve Supplement Agreement No. 1 with Kimley-Horn and
Associates, Inc. to provide additional engineering services
associated with the relocation and accommodation of existing the
sanitary sewer facilities for the SH 114 Frontage Road and ramp
improvements project in an amount not to exceed $70,000.
Supporting
Documents: Attachment A: Engineering Services Agreement
Attachment B: Supplement Agreement No. 1
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Page 2 of 2
Attachment A
Kimley>»Horn
February 10, 2022
Robert Cohen, P.E.
City of Southlake Public Works Director
1400 Main Street, Suite 320
Southlake, Texas 76092
Re: SH 114 Sanitary Sewer Relocation and Retaining Wall Design Revisions Project
Supplement Agreement No. 1
Dear Mr. Cohen,
The Texas Department of Transportation (TxDOT) is requiring additional agreements and
documentation associated with the SH 114 Sanitary Sewer Relocations project. This project
includes the relocation of two City of Southlake (City) sanitary sewer lines and one Trophy
Club Municipal Utility District (MUD) No.1 sanitary sewer line. The additional agreements and
documentation are outside Kimley-Horn and Associates, Inc. (Kimley-Horn) contract and
attached is our Supplement Agreement to perform this work.
Attached are letters from TxDOT approving the additional engineering costs for the City and
the MUD projects. Per TxDOT's requirements, TxDOT must approve any additional cost for
the City to receive TxDOT reimbursement. Kimley-Horn has worked with Jerry Hodge to
submit the additional engineering costs for the Supplement Agreement to TxDOT for their
review and approval. With this TxDOT letter, the City can continue to apply for reimbursement
authorized using the reimbursement process in place.
To show how TxDOT's letter ties back to the Kimley-Horn engineering contract, I have
provided the following breakdown of the engineering costs associated with the City's and
MUD's TxDOT Standard Utility Agreements (SUA):
TxDOT SUA
Kimley-Horn
Agreement
Kimley-Horn
Supplement
Agreement
Total
City of Southlake
$101,918.00
$36,363.00
$138,281.00
Trophy Club MUD
$56,182.00
$32,137.00
$88,319.00
Total
$158,100.00
$68,500.00
$226,600.00
The City and MUD have executed an ILA for the sanitary sewer line adjustments crossing
SH 114. Per this ILA, the TxDOT reimbursements that the MUD receives will be sent to the
City to reimburse the City for the project costs.
Kimley»)Horn
If you have any questions or comments, please call me at (817) 339-2287.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Texas Registration No. F-928
(74-e -J 40 r A
407
Carl T. DeZee, P.E.
Attachments: Kimley-Horn Supplement Agreement No. 1
TxDOT Second Revised City of Southlake Engineer's Estimate
TxDOT Second Revised City of Trophy Club (TCMUD) Engineer's Estimate
cc: Jerry Hodge, Hodge & Associates, Inc.
Attachment A to Supplement Agreement No. 1,
dated December 9, 2021.
Project Understanding:
TxDOT has required additional documentation and coordination associated with the SH 114
Sanitary Sewer Relocations Standard Utility Agreement and TxDOT Billing and Payments.
ENGINEER shall perform the following Additional Services:
Task 2A — Easement Documents (Reimbursable/Hourly)
The ENGINEER will prepare one (1) easement releases for the portions of the sanitary sewer
lines that will be abandoned. The easements will reference the square footage that is within the
TxDOT right-of-way.
The ENGINEER will prepare one (1) permanent drainage easement for the proposed drainage
improvements. This easement will be adjacent to the proposed drainage easement for the SH
114 roadway project drainage easement.
Task 9 — TxDOT Standard Utilitv Aareement and Billina and Pavments (Reimbursable/Hourly)
Standard Utility Agreement
The ENGINEER will prepare two (2) Standard Utility Agreements. One agreement 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 (TCMUD) 10/12-inch sanitary sewer line. These agreements will include the
following:
• TxDOT Standard Agreement — ROW-U-35
• Project description
• Plans, Specifications, and Estimated Costs (Attachment "A")
• Accounting Method (Attachment "B")
• Schedule or Work (Attachment "C")
• Statement Covering Contract Work — ROW-U-48 (Attachment "D")
• Utility Joint Use Acknowledgment — ROW-U-JUAA and/or Utility Installation Request —
Form 1082 (Attachment "E")
• Eligibility Ratio (Attachment "F")
• Betterment Calculation and Estimate (Attachment "G")
• Proof of Property Interest — ROW-U-1A, ROW-U-1 B, or ROW-U-1 C (Attachment "H")
The ENGINEER will prepare the following for Attachment "A":
• Plans will include only the information associated with the Southlake sanitary sewer
improvements for the Southlake agreement and only the TCMUD sanitary sewer
improvements for the TCMUD agreement. The proposed work will also be highlighted on
each sheet to denote what is included in each project.
• Per TxDOT request, specifications will not be included in the agreement.
• Cost Estimate — the ENGINEER will create an Estimate Cost spreadsheet to meet the
requirements defined in the TxDOT Utility Accommodation Rules (UAR) and document
the costs for construction, contract engineering, easement acquisitions, and internal
labor. Internal labor is defined as Southlake's or TCMUD staff time.
o The ENGINEER will provide TxDOT with a letter to document the breakdown of
the contract engineering for the Southlake improvements and TCMUD
improvements. This letter will be in accordance with the interlocal agreement
between Southlake and TCMUD for the sanitary sewer line adjustments crossing
SH 114.
The ENGINEER will prepare the following for Attachment "F"
• Eligibility Ratio Calculation — the ENGINEER will develop an eligibility ratio spreadsheet
to meet the requirements of the TxDOT UAR and document eligibility ratio for each task
shown in the Attachment "A" Cost Estimate.
The ENGINEER will prepare Attachment "H" to document Southlake and TCMUD have
compensable rights with the existing easements. The easement documents will be included in
the agreement and highlighted to show the compensable rights.
The ENGINEER will meet with TxDOT representatives to review TxDOT comments on the
agreements. The ENGINEER will coordinate with Southlake and TCMUD to make the changes
to address TxDOT's comments.
Billing and Payments
The ENGINEER will prepare the Southlake and TCMUD invoicing for the TxDOT partial
payments and final billings in accordance with the TxDOT ROW Utility Manual. The billings will
include the following information:
• Cover sheet with the invoice number, date, and type; TIN number; certification period;
construction beginning and end dates; scope of work; and a table for the reimbursement
breakdown of charges.
• Support for Certification of Partial Payment for Utility Accommodation TxDOT Form
ROW-U-27
• Cost Summary Sheet — the ENGINEER will expand the Estimated Cost spreadsheet in
Attachment "A" of the Standard Utility Agreement to include the Revised Cost Estimate,
Actual Cost Incurred to Date, Percentage of Actual Work Completed, Amount Remaining
to be Billed, and a Cost Estimate Task Breakdown Summary.
• Contract Engineering and Easement Acquisitions breakdown of the ENGINEER's
invoices and backup information.
• Backup Documents
o The construction project bid tabulation
o The Contractor's pay request and the owner's payment detail
o Engineer's invoices and owner's payment detail
■ Invoices shall include a breakdown of the contract engineering services
to match the tasks shown in Estimated Cost spreadsheet included in
Attached "A" of the Standard Utility Agreement.
Task 10 — TxDOT Supplemental Agreement (Reimbursable/Hourly)
Supplemental Agreement
TxDOT requires Supplemental Agreements for changes in the approved work. A minor change is
when the cost of the adjustment changes is less than $100,000 or 25% or less of the approved,
agreement. A major change is when the cost of the adjustment changes is greater than/less than
$100,000.00 or if the percentage of cost change is greater than/less than 25% of the approved
agreement.
The ENGINEER will prepare two (2) Standard Utility Agreement — Supplemental Agreements.
One Supplemental Agreement 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 (TCMUD) 10/12-inch sanitary sewer
line. These agreements will include the following:
• TxDOT Standard Agreement Supplemental Agreement — ROW-U-COA
• Description of minor/major changes
• Plans, Specifications, Estimated Costs, and schedule (Attachment "A")
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:
Reimbursable/Hourly: Task Fee:
Task 2A — Easement Documents $4,600
Task 9 — TxDOT Standard Utility Agreement and Billing and Payments $47,600
Task 10 — TxDOT Supplemental Agreement $16,300
Subtotal: $68, 500
Total Fee
$68,500
The ENGINEER will provide the Reimbursable/Hourly Tasks services on a laborfee plus expense
basis. For your budgeting purposes, we recommend allocating $69,500 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.
Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have
any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Nathan Ante, P.E.
Sr. Vice President
DocuSign Envelope ID: 3F7C9F45-2600-4501-94DD-lEC66077FA02
O
Texas Department of Transportation
FORT WORTH DISTRICT 1 2501 SW LOOP 8201 FORT WORTH, TEXAS 76133 1 (817) 370-6500 1 WWW.TXDOT.GOV
December 18, 2021
Tarrant County
PROJECT: SH 114
From: FM 1938
To: Dove Road
CCSJ: 0353-03-100
RW CSJ: 0353-03-103
U Number: U16047
Mr. Kevin Ferrer
Civil Engineer
City of Southlake
1400 Main Street
Southlake, Texas 760921
RE: Second Revised City of Southlake Engineer's Estimate
Dear Mr. Ferrer:
This concerns the request to use the services of Kimley-Horn and Associations to perform the required engineering for
the adjustment of your existing facilities within the limits of this highway project. This engineer estimate dated December
9, 2021 replaces the first amended engineers estimate letter dated February 8, 2021 and approved by TxDOT. The
revision consists of additional engineering services performed by Kimley Horn for the City of Southlake to complete the
relocation, invoicing and closeout of Southlake's utility facility located on the TxDOT project.
TxDOT approves the revised consulting engineer's estimate with a cost not to exceed of $138,281.00. The amount paid
for engineering will be computed on an eligibility actual cost for services rendered, at the rates presented in the engineer's
schedule. Engineering services may include, but are not limited to, preliminary engineering, design, preparation of plans
and specifications, necessary surveying, document preparation, construction and inspection for the complete facility
adjustment to accommodate the roadway construction. Unless there is a change in the scope of the project or unforeseen
aspects concerning the rearrangement of the facilities, adjustment of the amount for engineering services will not be
considered.
If you have any questions concerning this matter or need any further assistance, please feel free to contact Doug Fain at
(817) 370-6542.
DocuSigned by:
C1 SOFFOEC469...
Bill oy
R/W Project Delivery Manager
Texas Department of Transportation, Fort Worth District
cc: Doug Fain, TxDOT
Carl T. DeZee, Kimley Horn & Associates Inc.
OUR GOALS
MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY
An Equal Opportunity Employer
DocuSign Envelope ID: 3F7C9F45-2600-4501-94DD-lEC66077FA02
O
Texas Department of Transportation
FORT WORTH DISTRICT 1 2501 SW LOOP 8201 FORT WORTH, TEXAS 76133 1 (817) 370-6500 1 WWW.TXDOT.GOV
December 18, 2021
Tarrant County
PROJECT: SH 114
From: FM 1938
To: Dove Road
CCSJ: 0353-03-100
RW CSJ: 0353-03-103
U Number: U 16036
Mr. Alan Fourmentin
Trophy Club MUD No. 1
General Manager
1 Trophy Wood Drive
Trophy Club, Texas 76262
RE: Second Revised City of Trophy Club (TCMUD) Engineer's Estimate
Dear Mr. Fourmentin:
This concerns the request to use the services of Kimley-Horn and Associations, to perform the required engineering for
the adjustment of your existing facilities within the limits of this highway project. This engineer estimate dated December
9, 2021 replaces the supplemental number 1 dated February 8, 2021 and approved by TxDOT on February 12, 2021.
The revision consists of additional engineering services performed by Kimley Horn for the City of Trophy Club (TCMUD) to
complete the relocation, invoicing and closeout of Trophy Club's utility facility located on the TxDOT project.
TxDOT approves the revised consulting engineer's estimate with a cost not to exceed of $88,319.00. The amount paid
for engineeringwill be computed on an eligibility actual costforservices rendered, atthe rates presented in the engineer's
schedule. Engineering services may include, but are not limited to, preliminary engineering, design, preparation of plans
and specifications, necessary surveying, document preparation, construction, and inspection for the complete facility
adjustment to accommodate the roadway construction. Unless there is a change in the scope of the project or unforeseen
aspects concerning the rearrangement of the facilities, adjustment of the amount for engineering services will not be
considered.
If you have any questions concerning this matter or need any further assistance, please feel free to contact Doug Fain at
(817) 370-6542.
DocuSigned by:
DEF405OFFOEC469...
Bill McCoy
R/W Project Delivery Manager
Texas Department of Transportation, Fort Worth District
cc: Doug Fain, TxDOT
Carl T. DeZee, Kimley Horn & Associates Inc.
OUR GOALS
MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY
An Equal Opportunity Employer