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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: