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Item 9BCITY OF SOUTH LAKE MEMORANDUM (November 3, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve termination of professional services contract with Graham Associates, Inc for the design of FM1938, Precinct Line Road, from SH114 to FM1709 (Southlake Boulevard) and Intersection Improvements for Precinct Line Road (F.M. 1938) and Southlake Blvd. (F.M. 1709) Action Requested: Approve termination of professional services contract with Graham Associates, Inc for the design of FM1938, Precinct Line Road, from SH114 to FM1709 (Southlake Boulevard) and Intersection Improvements for Precinct Line Road (F.M. 1938) and Southlake Blvd. (F.M. 1709). Background Information: The Cities of Keller and Southlake and the Town of Westlake awarded a professional services agreement to Graham Associates, Inc on March 9, 2001 for the final design of FM1938, Precinct Line Road, from SH114 to FM1709 (Southlake Boulevard). This contract included preparation of construction plans and specifications. On March 5, 2002, the City Council approved an inter -local agreement with the Town of Westlake, City of Keller, Tarrant and Denton County which established a partnership team to affect the design and construction of a new TxDOT on- system roadway which is an extension of the existing FM 1938 connecting it to SH 114. Graham Associates was selected as a follow -up to provide Engineering Design services of intersection improvements for Precinct Line Road (F.M. 1938) and Southlake Blvd. (F.M. 1709). This contract was awarded to Graham and Associates, Inc. on April 1, 2002. In August 2009, the design of Phase I of the FM 1938 project was bid and subsequently awarded to Ed Bell Construction. As we prepare to initiate the next level of design of Phase II of the FM 1938 project, staff feels that it is the best interest of the city to terminate this design services contract and to proceed with another consultant. No specific consultant has been selected for this project as of this time. The contract contains a Termination provision under Section VII of the contract. This section allows the owner to terminate the contract at any time for any cause without penalty. Now that Phase I of the FM 1938 improvements are under contract for construction, staff also feels that time is of the essence in completing the design and preparation of the construction plans for Phase II. Also included in this project will be identification and acquisition of right -of -way for the TW King 30 -inch water line in order to meet the schedule for completion of this water line by late 2011. It is necessary to terminate the existing contract before staff can select a replacement engineering firm and begin negotiations on a new contract. Financial Considerations: Graham Associates has invoiced for all work under the contract and has proposed a change order for Phase II of the contract. Additional funding for design services related to Phase II of the contract will be necessary whether Phase II design services are provided by Graham or another firm. Strategic Link: The FM 1938 roadway improvement project links to the city's strategy map relative to the focus areas of Infrastructure and Mobility. The specific corporate objectives that are met by design and construction of the FM 1938 roadway project include: Providing travel convenience within city and region and Investing to provide and maintain high quality public assets. Citizen Input/ Board Review: None Legal Review: None Alternatives: The Council may approve termination of the contract with Graham Associates, Inc. or reject Staff's recommendation. Supporting Documents: Location Map Staff Recommendation: Approve termination of professional services contract with Graham Associates, Inc for the design of FM1938, Precinct Line Road, from SH114 to FM1709 (Southlake Boulevard) and Intersection Improvements for Precinct Line Road (F.M. 1938) and Southlake Blvd. (F.M. 1709). Staff Contact: Jim C. Blagg, Deputy City Manager Robert H. Price, P.E., Director of Public Works m !:� 11 co � �h TOM A0 , • N H 3 z W a em u' Cj w a H a N L? S ❑ A � Z J � 4 J O J - Z � 1 N J W 0 I O