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HomeMy WebLinkAboutRes 08-08 Approving an Amendment to the Joint Engineering Services Contract with Graham AssociatesTOWN OF WESTLAKE RESOLUTION NO. 08-08 APPROVING AN AMENDMENT TO THE JOINT ENGINEERING SERVICES CONTRACT WITH GRAHAM ASSOCIATES INC. AND THE CITY OF FELLER, CITY OF SOUTHLAKE, AND TOWN OF WESTLAKE FOR ENGINEERING AND DESIGN SERVICES REGARDING THE FM 1938 EXPANSION PROJECT. WHEREAS, in March of 2001, the Cities of Southlake and Keller, and the Town of Westlake 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; and, WHEREAS, 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 Environmental Assessment Study by the Texas Department of Transportation (TXDOT), subsurface utility engineering investigation/plans required by TXDOT, some offsite drainage problems with Phase I, and some unforeseen additional ROW research and strip map revisions, and, WHEREAS, the additional funds needed to cover the Phase 1 engineering fee increase is $331,492; and, WHEREAS, all three cities have reviewed the requested Phase I engineering fee increase and found it reasonable; and, WHEREAS, Tarrant County Commissioner's Court has offered a not -to -exceed amount of $1,000,000 to the three cities for their use to cover these project engineering and ROW costs; and, WHEREAS, the allocation of $331,492 be funded from funds provided by Tarrant County as outlined in a Second Amendment to an existing Interlocal Agreement and budgeted therefore. WHEREAS, the Board of Aldermen has deemed it necessary and in the best interest, health, and welfare of the citizens of Westlake and the region to move forward with this project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: SECTION 1. That the above findings are hereby found to be true and correct are incorporated herein in their entirety. SECTION 2. That the Board of Aldermen of the Town of Westlake hereby approves the amendment to the joint engineering services contract with Graham Associates, Inc. and the City of Keller, City of Southlake and the Town of Westlake, as attached Exhibit "A", for the engineering and design services regarding the FM 1938 expansion project; and further authorizes the Town Manager to execute all contract documents relating thereto. SECTION 3. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 11TH DAY OF FEBRUARY 2008. ATTEST: i err kimutter,"��Town Secretary ,Zm c- APPROVED AS TO FORM: Scott Bradley, Mayor 2 THE STATE OF TEXAS § COUNTY OF TARRANT § gam' KNOW ALL BY THESE PRESENTS AMENDMENT NO. 1 TO THE JOINT ENGINEERING SERVICES CONTRACT This Amendment No. 1 to the Joint Engineering Services Contract is entered into this I I day of inc 2008, by and between the Town of Westlake, acting through its governing ody, 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 I 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 KI Sutter, City Secretary 0 BY: 74 ;Joe Heniq 4 Printed -or Typed 'Name Town Manager Printed or Typed Title APPROVED AS TO FORM: L. Stanton A orney BY: CITY OF SOUTHLAKE TEXAS: BY Lori Payne, City ecretary,' • 3 � �v H ti e �CO, s�`,6reaesaaaas+��g 010 y Andy Wambsganss Printed or Typed Name Mayor Printed or Typed Title APPROVED? TO ORM: Tim S Ila, Ci Att BY: CITY OF KELLER, TEXAS: Dan O'Leary Printed or Typed Name City Manager Printed or Typed Title APPROVED AS TO FORM: L. Stanton ry'City,-Attorney BY: r