Item 4DCity of Southlake, Texas
M E M O R A N D U M
February 5, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve amendment no. 1 to the professional services
agreement with Graham and Associates, Inc. for engineering
for the construction documents and right-of-way documents
for F.M. 1938, Precinct Line Road from State Highway 114 to
West Southlake Boulevard
Action
Requested:
Approve amendment no. 1 to the professional services agreement
with Graham and Associates, Inc. for engineering for the
construction documents and right-of-way documents for F.M. 1938,
Precinct Line Road from State Highway 114 to West Southlake
Boulevard.
Background
Information:
In March of 2001, the Town of Westlake, the City of Southlake, and
the City of Keller entered into a contract agreement for engineering
services with Graham Associates, Inc. for the design of the
thoroughfare and preparation of right-of-way (ROW) documents for
the extension of F.M. 1938 along the route of Randol Mill Road and
Precinct Line Road from F.M. 1709 to S.H. 114. Tarrant County
and Denton County are assisting with the project ROW acquisition
through an Inter-local Agreement with all three cities. Each City
has to pay for its own design surveying and ROW costs. Funding
for the engineering was split between the three cities based on their
frontage on the project after subtracting all the contributed
engineering funds from large property owners. The design project
has had some difficulties over the last seven years that have
caused delays. The project was divided into two phases with the
northern section being almost entirely in Westlake. Practically all of
the ROW needed in Westlake has been acquired. The engineer
has recently submitted 90% complete plans for Phase I to the
Texas Department of Transportation (TXDOT) for review and
received comments. The Environmental Assessment (EA) has
been reviewed and approved by TXDOT for submittal to the
Federal Highway Administration. The Phase I portion of the
referenced project is currently scheduled to be awarded by TXDOT
in September of 2008.
Page 1 of 3
As you can imagine, the construction cost estimates have
increased over the last seven years. The current cost estimate for
engineering, ROW acquisition, TXDOT review and inspection, and
construction of this project is $41,300,000. The funding for this
regional project has recently been increased to cover this amount
by the Regional Transportation Council (RTC). The Federal, State,
and Local funds have been committed for the entire project.
Graham Associates, Inc. has incurred and will incur additional
engineering costs on this project due to splitting the project into
two phases, additional requirements on the EA by TXDOT, and
plans required by TXDOT, some offsite drainage problems with
Phase I, and some unforeseen additional ROW research and strip
map revisions. The additional money needed to cover these fees
and finish Phase I is $246,742.00.Additional engineering fees for
Phase II have also increased; however, a recommendation for the
Phase II engineering is not being provided as part of this
memorandum. All three cities have reviewed Graham’s breakdown
of these additional costs and feel they are reasonable. Currently,
the major concern by all three cities, counties, RTC, and TXDOT is
to get the first phase of this project under construction. Therefore,
staff is only bringing the Phase I engineering cost increases to you
for approval now. We will bring back a second amendment for
Phase II engineering cost increases once we have had more time
to review those figures.
Tarrant County, Precinct 3 Commissioner Gary Fickes speaking for
the entire Commissioner’s Court has offered monies not to exceed
$1,000,000 to be utilized for this project for engineering and ROW
acquisition to help expedite getting this regionally important project
under construction. This will cover all the additional engineering
costs for Phase 1 so the cities will not have to appropriate any
additional funds at this time.
Financial
Considerations:
The amendment no. 1 to the professional services agreement
which is being considered as part of this item is valued at $246,742.
This amendment brings the total professional services agreement
for this project thus far to a total of $ 1,627,273.
It should be noted that through the Tarrant County, Precinct 3
Commissioner Gary Fickes discretionary funds, Tarrant County has
committed to fund the additional dollars to this project to account for
the additional engineering services provided by this amendment.
Therefore, the fiscal impact of this amendment to the City of
Southlake is $0.
Citizen Input/
Board Review:
None
Legal
Review:
The contract revision amends the original professional services
agreement which was reviewed by the City Attorney’s Office
Alternatives:
The City Council may approve the Amendment No. 1 to the
Professional Services Agreement amendment or deny it.
Supporting
Documents:
Graham Associates, Inc. Letter and Contract Amendment Proposal
Staff
Recommendation:
Approve amendment no. 1 to the professional services agreement
with Graham and Associates, Inc. for engineering for the
construction documents and right-of-way documents for F.M. 1938,
Precinct Line Road from State Highway 114 to West Southlake
Boulevard.
Staff
Contact:
Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
AMENDMENT NO. 1 TO THE JOINT ENGINEERING SERVICES CONTRACT
This Amendment No. 1 to the Joint Engineering Services Contract is entered
into this ___ day of ______________, 2008, by and between the Town of
Westlake, acting through its governing body, the Westlake Board of Aldermen,
the City of Southlake, acting through its governing body, the Southlake City
Council, and the City of Keller, acting through its governing body, the Keller City
Council, Tarrant County, Texas, municipal corporations, hereinafter referred to
collectively as the “CITIES”, and Graham Associates, Inc., hereinafter referred to
as the “ENGINEER”, witnesseth:
WHEREAS, on March 12, 2001, the CITIES entered into a joint contract
(hereinafter referred to as the “CONTRACT”) with the ENGINEER memorializing
the parties’ obligations and responsibilities regarding design/engineering and
right-of-way documents for extension and improvement of F.M. 1938 (Randol Mill
Road / Precinct Line Road) from S.H. 114 to F.M. 1709 (Southlake Boulevard)
(hereinafter referred to as the “PROJECT”); and
WHEREAS, the CITIES entered into an Interlocal Agreement with Tarrant
County and Denton County on March 5, 2002 regarding right-of-way acquisition
for this PROJECT; and
WHEREAS, the CITIES amended the Interlocal Agreement with the
Counties on October 24, 2005 to include a contribution from Tarrant County of
$150,000.00 toward preliminary engineering and survey work for the PROJECT;
and
WHEREAS, the CITIES are amending the Interlocal Agreement again to
allow for an additional contribution from Tarrant County of up to $1,000,000.00
for Environmental Analysis Study, Subsurface Utility Engineering Study, and
Engineering Design Fees for the PROJECT to help assure construction will start
as soon as possible; and
WHEREAS, among other things, the CONTRACT set forth how the
CITIES would share the costs of the PROJECT; and
WHEREAS, additional costs have and will be incurred by the ENGINEER
in order to satisfy the Texas Department of Transportation (TXDOT) and the
Federal Highway Administration’s (FHWA) requirements.
NOW THEREFORE, for and in consideration of the mutual covenants and
agreements contained in the original CONTRACT and as contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the undersigned agree as follows:
Section 1: THAT, Exhibit ‘F’ of the CONTRACT titled “Engineering Fees” is
revised to include “Additional Engineering Costs” for Phases I and II
as noted below.
1. Splitting Construction Plans into Two Phases $ 80,000.00
2. Additional Right-of-Way Research, Surveys,
Strip Map revisions, etc. $ 56,150.00
3. Offsite Drainage Analysis and Plans $ 68,295.00
4. Environmental Assessment (Phases I & II) $ 42,297.00
Total of Additional Engineering Costs $ 246,742.00
Section 2: THAT, the CITIES agree to pay additional fees to the ENGINEER
to cover the additional engineering costs outlined in Section 1
above.
Section 3: THAT, the additional monies to pay the fees outlined in Section 1
will be provided by Tarrant County through an amendment to the
existing Interlocal Agreement as part of their “not-to-exceed”
$1,000,000.00 contribution to the PROJECT.
Section 4: THAT, the ENGINEER agrees to work as diligently as he can to
complete Phase I engineering plans and construction documents in
order to meet all TXDOT submittal deadlines leading up to a letting
date for Phase I in the Fall of 2008.
All other provisions of the original CONTRACT shall remain in full force and
effect unless modified by a subsequent written amendment signed by all parties
to the original CONTRACT. This Amendment No. 1 may be executed in multiple
counterparts, attached to the original CONTRACT, and shall collectively
constitute Amendment No. 1 to the CONTRACT.
WITNESS: ENGINEER:
BY:
Printed or Typed Name
Printed or Typed Title
ATTEST: TOWN OF WESTLAKE, TEXAS:
BY:
Kim Sutter, City Secretary
Joe Hennig
Printed or Typed Name
Town Manager
Printed or Typed Title
APPROVED AS TO FORM:
L. Stanton Lowry, City Attorney
BY:
ATTEST: CITY OFSOUTHLAKE, TEXAS:
BY:
Lori Payne, City Secretary
Shana Yelverton
Printed or Typed Name
City Manager
Printed or Typed Title
APPROVED AS TO FORM:
E. Allen Taylor, City Attorney
BY:
ATTEST: CITY OF KELLER, TEXAS:
BY:
Shelia Stephens, City Secretary
Dan O’Leary
Printed or Typed Name
City Manager
Printed or Typed Title
APPROVED AS TO FORM:
L. Stanton Lowry, City Attorney
BY: