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HomeMy WebLinkAboutRes 00-50 Authorizing a Contract with Graham Associates and Parsons Transportation GroupTOWN OF WESTLAKE RESOLUTION 00-50 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH GRAHAM ASSOCIATES, INC. AND PARSONS TRANSPORTATION GROUP FOR ENGINEERING SERVICES AND DESIGN OF PRECINCT LINE (F.M. 1938) FROM STATE HIGHWAY 114 TO SOUTHLAKE BLVD. (F.M. 1709); AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake in conjunction with the Cities of Southlake and Keller unanimously selected Graham Associates, Inc. and Parsons Transportation Group to perform the engineering design and surveying for F.M. 193 8 from several proposals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, hereby authorizes the Town Manager to enter into a contract, attached as Exhibit A, with Graham Associates, Inc. and Parsons Transportation Group for design of Precinct Line (F.M. 1938) from State Highway 114 to Southlake Blvd. (F.M. 1709). SECTION 2: That this Resolution shall become effective upon its passage and approval. PASSED AND APPROVED ON THIS 13th DAY OF NOVEMBER, 2000. ATTEST: Scott Bray, Mayor /— ding&Crosswy, To Secretary Trent O. Petty, Town Manager THE STATE OF TEXAS § ENGINEERING SERVICES CONTRACT COUNTY OF TARRANT § THIS CONTRACT is made and entered into this day of 2001, by and between the Town of Westlake, City of Southlake and the City of Keller, Tarrant County, Texas, municipal corporations, hereinafter called "Cities", and Graham Associates, Inc. hereinafter called "Engineer", whose address is 616 Six Flags Drive, Suite 400, Arlington, Texas, 76011. WITNESSETH: That in consideration of the terms and conditions contained herein the parties do mutually agree as follows: 1. Employment of Engineer Engineer shall perform all services under this contract to the prevailing engineering professional standards consistent with the level of care and skill ordinarily exercised by members of the engineering profession, both public and private, currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt, timely action. If Engineer is representing that he/she has special expertise in one or more areas to be utilized in this contract, then Engineer agrees to perform those special expertise services to the appropriate local, regional or national professional engineering standards. Engineer shall provide services necessary for the construction of improvements to Cities' street and drainage systems, the location and extent of which is as follows: Engineering for the Construction Documents and Right -of -Way Documents for F.M. 1838, Precinct Line Road, from S.H. 114 to F.M. 1709 (Southlake Boulevard). Cities Project No. 2000-01, being located within the Town of Westlake, City of Southlake and City of Keller, Tarrant County, Texas, and hereinafter referred to as the "Project". The Cities involved in this contract: the Town of Westlake, the City of Southlake, and the City of Keller have agreed to contract with Graham Associates, Inc. for the Engineering work for Precinct Line Road as defined in this Contract Document. By execution of this contract the Cities have agreed to the Total Engineering fees shown in Exhibit "F" and the cost sharing of those fees shown on Exhibit "H". 1 2121/01 r The Town of Westlake has been chosen as the Coordinator of the Project and Graham Associates, Inc. will submit all billings and submittals through the Town of Westlake. The Town of Westlake intends to have benefited properties and benefited parties reimburse the Town of Westlake for the Engineering portion of Precinct Line Road project based on Schedule "H". The actual acquisition of Right of Way is each City or Town's responsibility. Il. Compensation to En ineer A. The Cities agree to pay Engineer for all services outlined in Section Ill., a total design fee in an amount not to exceed $885,185.00. The following services are not included in this base fee: 1. Services required by Section III.A., Special Services, for which cost is set out in III.A. 2, Work necessary to perform the design field survey as described by Section III.B., Field Survey Work, for which cost is set out in II.B. 3. Work necessary for the preparation of right-of-way and/or easement acquisition data as described by Section III.D., Right -of -Way Determination, for which cost is set out in B.C. B. All costs associated with performing the design field survey as outlined in III.B. shall be paid to Engineer by the Cities in an amount not to exceed $109,500.00 (See Exhibit D). C. All costs associated with right-of-way acquisition data, as outlined in III.D., shall be paid to Engineer by the Cities on an hourly fee basis as shown in Attachment "A" and "B" in an amount not to exceed $131,050.00 (See Exhibit "C") unless mutually agreed to in writing by the parties hereto. Attachment "A" is hereby incorporated within this contract as if written word for word. D. Payment for services rendered by Engineer shall be made as follows: 1. Upon satisfactory completion of the design survey as set forth herein, and upon written request, Cities shall pay to Engineer the amount set out in II.B. Payments will be monthly as work is completed. 2121/01 2 2. Upon completion of the 60% construction plans as set forth herein, and upon written request, Cities shall pay to Engineer an amount equal to sixty percent (60%) of the base design fee as set forth herein. Payments will be monthly up to 60% of base design fee as work is completed. 3. Upon completion of the 95% design construction plans and specifications as set forth herein, and upon written request, Cities shall pay to Engineer an amount equal to ninety-five percent (95%) of the base design fee as set forth herein. Payments will be monthly up to 95% of base fee as work is completed. 4. An amount equal to five percent (5%) shall be retained until such time as the Cities request and receive one (1) set of reproducibles of the final design construction plans and other documents described herein. This request shall be made within 60 days of the acceptance of final design construction plans. 5. For the work described in Section IIIA. and the work described in Section III.D., Cities shall pay Engineer on an hourly basis at the rates shown on Attachments "A" and "B" subject to provisions set forth herein. Invoices maybe presented on a monthly basis. 6. No interest will be due on any payments. 1111. Services A. Special Services — Engineer will also perform the following special services. For each individual service the maximum fee is indicated in parenthesis. The fee shall be on an hourly basis, as shown in Attachment "A". In no case shall more than ninety percent (90%) of the amounts indicated below be paid until such services are accepted by Cities. Schematic Design, Public Meetings, and Geometric Drawing (hourly fee not to exceed $27,500,00). (Of the $27,500.00, $7,500.00 is budgeted for public meetings outside of meetings included in Basic Services). These Special Service meetings will be meetings the Cities or Town may call. The Town or City that requests the Special Service meeting shall be responsible for paying Engineering Services required for that meeting. The Engineer will notify the Town or City prior to the meeting that it is a Special Service meeting so that all. parties can agree that it is a Special Service meeting to be paid on an hourly basis. 2. Environmental Assessment and related information, such as traffic, noise, excludes 404 permits and F.E.M.A. (hourly fee not to exceed $40,550.00). 3. Signing and Pavement Markings (hourly fee not to exceed $27,000.00). 4. Pavement Design (hourly fee not to exceed $6,941.00). 3 2/21/01 r 5. Geotechnical Study (maximum not to exceed of $40,112.00) based on 30 borings of 610 maximum depth extra borings at $39.751foot includes drilling and laboratory testing. 6. Design of one temporary traffic signal (hourly fee not to exceed $7,800.00). 7. Minimal Construction Administration (maximum not to exceed $15,600.00) 8. Design of permanent traffic signals at Fawkes and Florence intersections (maximum not to exceed $18,000.00). B. Field Survey Work - Engineer shall furnish a survey field party to collect all field information necessary to prepare complete and detailed plans, specifications, and contract documents consistent with prevailing engineering standards. This field information shall be based on NAD -83. Before the survey party is engaged in surveying on private property, the Cities shall send letters to all adjacent property owners and other affected property owners notifying them of the survey party's intent to survey on private property. Engineer shall provide the Cities with the names and addresses of the property owners, as well as the legal descriptions and property addresses of the affected properties. Permission to survey on private property shall be obtained from the property owners before surveying is commenced. The letters of permission shall include permission for Engineer to set iron pins and control monuments for future right-of-way and/or easements to be acquired by the Cities at a later date. Engineer shall direct the field party in the following; 1. Establishing the proposed centerline or a suitable reference base line on the ground as required by the Cities. 2. Making complete and accurate cross-section field notes. 3. Making a complete topographic survey of all existing features above ground level that would or could affect proposed construction. These features shall include, but are not limited to, telephone poles, power poles, utilities, utility markers, fences, retaining walls, water meters, detector check valves, manholes, vaults, sprinkler heads, structures, and culvert pipes and any other facilities in close proximity to construction. Also, all buildings, trees, steps, and other topographical features which would be of interest to the property owner in discussing the plans with City Engineers must be shown accurately and drawn to scale. 2121/01 M 4. Determining horizontal and vertical location of known underground utilities or other underground structures based upon information obtained in accordance with Section III where they cross any part of the proposed storm drainage system or street system or may affect the proposed Project. The Engineer shall not be responsible for the cost of exposing these utilities or repairing damage caused by such exposure. 5. Making of all surveys necessary to determine limits of any existing right- of-way. C. General Requirements 1. Each time Engineer submits plans and specifications to the Cities, two (2) copies of each shall be submitted. These shall be reviewed and checked by the Cities and returned to Engineer for corrections. When the corrected copies of the plans and specifications are returned to the Cities, the original and reviewed plans and specifications shall also be returned to the Cities. All plans, specifications, documents, provisions, attachments, and correspondence provided in accordance with this contract shall be dated. 2. Each set of plans shall be stamped "Interim Review", and each sheet of the plans shall be signed and dated with registration number noted by Engineer until approval of the final design construction plans by the Cities, whereupon the words "Interim Review" shall be omitted and the plans shall be stamped "Final" on the cover sheet. 3. Engineer shall coordinate with the utility companies, including, but not limited to franchised utilities, Town of Westlake Utility Department, City of Southlake Utility Department, and City of Keller Utility Department, pipeline companies, railroad companies, or any other entity which has facilities within Project, any and all exposure, removal, andlor relocation work necessary for implementation of Project. This shall also include aiding the Cities in obtaining any permits required by any of these entities. Engineer shall supply conceptual, preliminary, and final design construction plans for Project to all utility companies or other entities that have facilities within the limits of Project. Engineer shall also attend preliminary and final utility coordination meetings for Project. 4. Engineer shall coordinate with all utility companies, franchise companies and other entities for any proposed improvements, either on the surface, below or above the surface, that may be affected by the Project and indicate on the final plans said proposed improvements both on plans and profile, if available. 5 2121101 6. Engineer shall determine from existing records and field inspection, the type of existing pavement on Project, including all intersecting streets, driveways, and alleys, accurately showing this information on the plans. 6. Engineer shall establish the scope of and arrange for the soil and foundation investigations using the Cities' approved geotechnical firm. The Cities shall approve in advance, and be responsible for costs of any authorized soil investigations. 7. Upon completion of the final design construction plans, special provisions and specifications, and contract documents, Engineer shall submit a letter of notification to Cities stating completion of design of Project. 8. Review by the Cities does not relieve Engineer of responsibility to prepare construction plans and specifications in accordance with prevailing engineering standards. D. Right -of -Way Determination - In conformance with the Cities standards, Engineer shall survey, render field notes, and prepare detail plans (right-of-way strip maps) and individual parcel exhibits for any additional right-of-way and/or easements needed. Engineer shall also set control points, which shall be based on NAD -83, approximately every 600 feet along the road. Before setting the control points, Engineer shall obtain approved sketches and specifications from the Cities for the placing of control points. 1. Detail plans shall be contained on standard size plan paper (11" x 17" or as required by TxDQT) at a scale not smaller than 1" = 100', shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: a. Standard City title page including location map. b. Summary sheet listing all parcels to be acquired, property owner, legal description of property, gross area of property, square footage and type of easements, net area of property after acquisition, and a column for volume and page of filing and current volume and page. C. Corners of all parcels tied to the centerline. d. Location of all existing property pins, including station and offset to centerline. e. Location of all new property pins, including station and offset to centerline. f. Parcel number. g. Area required. h. Area remaining. 6 2/21101 i. Current owner. j. Any existing platted easements or easements filed by separate instrument including easements provided by utility companies. The utility company easements should be requested by Engineer at the time conceptual plans, preliminary plans and final plans are sent to the utility companies. 2. Individual parcel exhibits shall be on 8'/"x11" or 8'/2"x14" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: a. Parcel number. b. Area required. C. Area remaining. d. Legal description. e. Current owner. f. Any existing platted easements or easements filed by separate instrument including easements provided by utility companies. g. All physical features. h. Metes and bounds description of parcel to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately. The above items are necessary for the acquisition of right-of-way required to construct Project. Said information shall be required prior to acceptance of final construction plans. Upon written notification of acceptance by the Cities of the right-of-way plans, exhibits and instruments, and as directed by the Cities, Engineer's surveyor shall set all corners and points of curvature for the proposed right-of-way and submit final sealed plans and exhibits, including location of the control points and their NAD -83 reference. E. Conceptual Design Plans — Conceptual plans for this project shall be prepared on such a scale (not smaller than 1" = 200') and to such detail as is necessary to resolve all conceptual issues. Conceptual plans must be approved by Cities prior to Engineer commencing with the preparation of preliminary design construction plans. Engineer shall prepare conceptual plans which will include the following (or as required by TXDOT): 1. Approximate alignment of existing street and approximate alignment of the proposed facility, including approximate curve data. 7 2121101 2. As applicable, the location and size of all proposed median openings and left turn bays. 3. The approximate location of all existing driveways within the limits of the project. 4. The location of all trees with a diameter of six inches (6") or greater. 5. A preliminary drainage study, including drainage areas, -location and size of existing drainage facilities, the approximate size and alignment of proposed drainage facilities, and approximate discharges. 6. Approximate dimensions of existing right-of-way and easements. F. Preliminary Design Construction Plans (TxDOT 60% Plans) - At such time as Engineer is directed by the Cities, Engineer shall prepare preliminary plans at a horizontal scale of 1" = 100' and a vertical scale of 1" = 10' on 11"x17" sheets to include the following (or as required by TxDOT): Edge of existing pavement, existing structures, mailboxes, water meters, utility poles, fire hydrants, existing driveways, existing utilities as outlined in III.B.3. and III.B.4., existing and proposed rights-of-way and easements, proposed curb line on plan and profile sheets, and existing ground elevation in profile. 2. Show all improvements on the property which are within twenty feet (20') of the proposed right-of-way line or easement line on construction plans. 3. The location, size, and species of all trees and shrubs within the limits of street right-of-way, drainage, slope or temporary construction easements. If due to the density of the growth it is impractical to show all trees and shrubs, the limits of dense stands of trees and shrubs will be shown. In any case, all trees six inches (6") in diameter, or larger, shall be shown, unless directed otherwise. Engineer shall indicate on the plans those trees which are to be removed and which trees are to be preserved. 4. Overall drainage areas, sub -drainage areas, existing and proposed drainage facilities, discharges, times of concentration, and drainage area acreage for proposed structures. I 2121101 5. All other drainage computations and charts such as inlet charts and hydraulic grade lines pertinent to the drainage system design. Unless directed otherwise in writing by Cities, the design of these systems shall be in accordance with the latest revision of the Town of Westlake, City of Southlake and City of Keller Subdivision Rules and Regulations and TxDOT standards and regulations. 6. Hydraulic analysis (HEC -2) of the impact of proposed structures within a designated 100 -year floodplain or as determined by the Cities. 7. Storm sewer profiles. 8. Cross-sections of existing ground surface line and. proposed ground surface line. 9. . An opinion of probable cost of Project. 10. Street light and traffic signal design (if included in Project). G. Final Design Construction Plans — Upon acceptance of preliminary plans by Cities and TxDOT, Engineer shall prepare final plans at a horizontal scale of 1" = 100' and a vertical scale of 1" = 10' on 11" x 17" sheets (each sheet shall be sealed, dated, and signed by a Licensed Professional Engineer in the State of Texas), specifications and special provisions. Final plans shall include the following (or as required by TxDOT 95% Plans): 1. Standard City title page with location map and revision block in the lower right corner showing date of revision, description of revision and initials of the reviser. 2. Drainage area map showing drainage facilities with size of proposed structures and pipes. 3. Drainage computation sheet showing calculations for area discharges, times of concentration, acreage of drainage areas, and inlet calculations. 4. Plan and profile sheets of street improvement. 5. Storm sewer improvement plan and profile sheets. 6. Detail and standard sheets. 7. Special provisions and specifications. I 2121101 8. Final right-of-way plans as stated in Section IIID. 9. An opinion of probable cost based upon the items and quantities listed in the proposal in the contract documents. This estimate shall be based on current unit prices bid on similar projects. 10. A utility "Time for Relocation" report stating the status of utility relocations and time required for each utility company to clear its facilities for Project. 11. Street addresses of all properties adjacent to Project. 12. All other requirements of III.F. H. Miscellaneous Requirements - Engineer shall furnish, upon request by Cities, one (1) set of film reproducibles of the "Final" approved and dated plans. One (1) set of originals containing the engineer's opinion of probable cost and any special provisions and specifications, suitable for reproduction shall be provided upon request. if computer aided drafting equipment is used to prepare plans, Engineer shall submit a computer file of the drawings in a format acceptable to the Cities. The following may also be required of the Engineer: 1. Assist Cities in the advertisement of Project for bids. 2. Assist Cities in the opening and tabulation of bids. 3. Engineer will review and approve (or take appropriate action with respect to) shop drawings, samples and other data which contractor(s) are required to submit. 4. In performing the services outlined above, Engineer will protect the Cities to the extent reasonably possible against defects and deficiencies in the work of contractors. Engineer will report any observed deficiencies to the Cities and Engineer will take any other appropriate actions; however, it is understood that Engineer does not guarantee the contractor's performance, nor is Engineer responsible for supervision of the contractor's operation and employees except to the extent defects, omissions or negligence is reasonably discoverable by Engineer. Engineer shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or the safety precautions and programs incident to the work of the contractor. 5. Engineer will evaluate and determine the acceptability of substitute materials and equipment proposed by contractor(s). 10 2121/01 6. Work covered in Item H-1 through H-5 shall be paid for under III.A-7. Construction Administration. IV. Time for Completion Engineer agrees to complete and submit all work required by the Cities and TOOT as follows: A. Conceptual design plans, geometrics and environmental assessment in 120 calendar days from date of written notice to proceed. B. Preliminary design construction plans in 120 calendar days from acceptance of the conceptual design pians, and geometrics and written notice to proceed with preliminary plans. (60% TxDOT plans) C. Final design construction plans (95% TxDOT pians) and specifications in 120 calendar days from acceptance of preliminary plans and written notice to proceed with final plans. Subsequent submittals of final plans shall be returned to the Cities within six (6) weeks of the date of the previous review letter. Calendar days shall commence when Engineer is notified to proceed and shall terminate when the Cities have accepted the plans as being final. No extensions of time shall be granted unless a written request is submitted by Engineer, and such request is approved in writing by the Cities. V. Revisions of Plans and Specifications The Cities reserve the right to direct submittal revision of the plans, special provisions, and specifications after acceptance by the Cities as the Cities may deem necessary but in compliance with TxDOT standards and requirements. In such event, the Cities shall pay Engineer equitable compensation for services rendered in making such revisions. In any event, when Engineer is directed to make substantial revisions under this Section of the contract, Engineer shall provide to the Cities a written proposal for the entire costs involved in providing the Cities a completed set of plans, specifications and special provisions and the completion time involved in the revisions. Prior to Engineer undertaking any substantial revisions as directed by the Cities, the Cities must authorize in writing the nature and scope of the revisions and accept the method and amount of compensation and the time involved in all phases of the work. 11 2/21/01 If revisions of the final plans, special provisions, and specifications, or drawings are required by reason of Engineer's error or omission, then such revisions shall be made by Engineer without additional compensation to the fees herein specified, and in a time frame a directed by the Cities. It is expressly understood and agreed by Engineer that any compensation not specified in II., "Compensation to Engineer", may require Town of Westlake, City of Southlake, and City of Keller Council approvals and is subject to funding limitations. VI. Engineers Coordination with Owner Engineer shall be available for conferences with the Cities so that Project can be designed with the full benefit of the Cities' experience and knowledge of existing needs and facilities and be consistent with current policies and construction standards. The Cities shall make available to Engineer all existing plans, maps, field notes, and other data in its possession relative to the Project. Engineer may show justification to the Cities for changes in design from the Cities standards due to the judgment of said Engineer of a cost savings to Cities and/or due to the surrounding topographic conditions. The Cities shall make the final decision as to any changes after appropriate request by Engineer. The Cities' requests shall be in compliance with TOOT standards and requirements. VII. Contract Termination Provision This contract may be terminated at any time by the Cities for any cause without penalty liability except as may otherwise be specified herein. Upon receipt of written notice by the Cities, Engineer shall immediately discontinue all services and Engineer shall immediately terminate placing orders cr entering into contracts for supplies, assistance, facilities or materials in connection with this contract and shall proceed to cancel promptly all existing contracts insofar as they are related to this contract. As soon as practicable after receipt of notice of termination, Engineer shall submit a statement, showing in detail the services performed but not paid for under this contract to the date of termination. The Cities shall then pay Engineer promptly the accrued and unpaid services to the date of termination, to the extent the services are approved by the Cities. 12 2121109 This contract may be terminated by Engineer with mutual consent of the Cities at any time for any cause without penalty or liability except as may otherwise be specified herein. Engineer shall submit written notice to terminate contract and shall submit to the Cities all plans and documents relative to the design of Project. The Cities shall then ascertain cost to complete the balance of the work under this contract. If the cost to complete the balance of the work is greater than the unpaid contract amount, the Cities shall retain all unpaid balances and, in addition, Engineer shall pay directly to the Cities the difference in the unpaid balance and the cost to complete the work. In no case shall the Cities pay Engineer any addition monies other than those previously paid under the contract. Vlll. Ownership of Documents All drawings and specifications prepared or assembled by Engineer under this contract shall become the sole property of the Cities and shall be delivered to the Cities, without restriction on future use. Engineer shall retain in his files all original drawings, specifications and all other pertinent information for the work. Engineer shall have no liability for changes made to the drawing, specifications, and other documents by other engineers subsequent to the completion of the contract. The Cities shall require that any such change be sealed, dated, and signed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. IX. Insurance A. Engineer shall at Engineer's own expense, purchase, maintain and keep in force during the term of this contract such insurance as set forth below. Engineer shall not commence work under this contract until Engineer has obtained all the insurance required under this contract and such insurance has been approved by the Cities, nor shall Engineer allow any subcontractor to commence work on his or her own subcontract until all similar insurance of the contractor has been obtained and approved. All insurance policies provided under this contract shall be written on an "occurrence" basis, except for professional liability. The insurance requirements shall remain in effect throughout the term of this contract. 1. Worker's Compensation as required by law, Employers Liability Insurance of not less than $100,000.00 for each accident, $100,000.00 disease - each employee, $500,000.00 disease -policy limit. 13 2/21/01 2. Commercial General Liability Insurance including Independent Contractor's Liability Commercial General Liability insurance, including Independent Contractor's Liability, Completed Operations and Contractual Liability, covering but not limited to the indemnification provisions of this contract, fully insuring Engineer's liability for injury to or death of employees of City and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $500,000.00 per occurrence. 3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage limit of $500,000.00 per occurrence. 4. Professional Liability Insurance: Standard comprehensive professional liability coverage in an amount of at least $500,000.00 aggregate per year, covering the services provided under this contract, including contractual liability. This insurance shall be maintained throughout the contract and for one (1) year after substantial completion of the construction of the project. B. Each insurance policy to be furnished by Engineer shall include the following conditions by endorsement to the policy: 1. Except for Worker's Compensation and professional liability insurance, the policy shall name the Cities as an additional insured as to all applicable coverage; 2. Each policy will require that thirty (30) days prior to the expiration, cancellation, nonrenewal or any material change in coverage, a notice thereof shall be given to the Cities by certified mail to: If the policy is canceled for nonpayment of premium only ten (10) days advance written notice to the Cities is required; 3. The term "Owner" or "Cities" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the Cities and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the Cities. 4. The policy phrase "other insurance" shall not apply to the Cities where the cities are an additional insured on the policy; and IN 2/21/01 5. All provisions of the contract concerning liability, duty and standards of care, together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. C. Concerning insurance to be furnished by Engineer, it is a condition precedent to acceptability thereof that: 1. All policies are to be written through companies duly approved to transact that class of insurance in the State of Texas; and 2. Insurance is to be placed with carriers with a Best rating of A:VII, or as otherwise acceptable to all of the Cities' Risk Managers. D. Engineer agrees to the following: 1. Except for professional liability, Engineer hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Cities, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by policies. 2. Companies issuing the insurance policies and Engineer shall have no recourse against the Cities for payment of any premiums or assessments for any deductible, as all such premiums and deductible are the sole responsibility and risk of Engineer. 3. Approval, disapproval or failure to act by the Cities regarding any insurance supplied by Engineer (or any subcontractors) shall not relieve Engineer of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the insolvency or denial of liability by the insurance company exonerate Engineer from liability. 4. Engineer shall provide Certificates of Insurance completed on the Accord form only and endorsements effecting coverage required by this section to the Cities to by forwarding to: Town of Westlake, City of Southlake and City of Keller. E. Any of the insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. 15 2121101 X. Monies Withheld When Cities have reasonable grounds for believing that: A. Engineer will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or will exist against Engineer or Cities arising out of the negligence of the Engineer or the Engineer's breach of any provision of this contract; then Cities may withhold payment of any amount otherwise due and payable to Engineer under this contract. Any amount so withheld may be retained by the Cities for that period of time as it may deem advisable to protect Cities against any. loss and may, after written .notice to Engineer, be applied in satisfaction of any claim described here. This provision is intended solely for the benefit of Cities, and no other person or entity shall have any right or claim against Cities by reason of Cities' failure or refusal to withhold monies. No interest shall be payable by the Cities on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of the Cities. Xl. No Damages for Delays Notwithstanding any other provision of this contract, Engineer shall not be entitled to claim or receive any compensation as a result of or arising out of any delay, hindrance, disruption, force majeure, impact or interference, foreseen or unforeseen. Xll. Right to Inspect Records Engineer agrees that the Cities shall have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to this contract. Engineer agrees that the Cities shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The Cities shall give Engineer reasonable advance notice of intended audits. M 2/21/01 Engineer further agrees to include in subcontractor(s), if any, a provision that any subcontractor or consultant agrees that the Cities shall have access to and the right to examine any directly pertinent books, documents, papers and records of such consultant or subcontractor involving transactions to the subcontract, and further, that the Cities shall have access during normal working hours to all consultant or subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. The Cities shall give the consultant or subcontractor reasonable advance notice of intended audits. XIII. No Third Party Beneficiary For purposes of this contract, including its intended operation and effect, the parties (Cities and Engineer) specifically agree and contract that: (1) the contract only affects matters/disputes between the parties to this contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with Cities or Engineer or both; and (2) the terms of this contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either Cities or Engineer. XIV. Successors and Assigns Cities and Engineer each binds themselves and their successors, executors, administrators and assigns to the other party of this contract and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this contract. Neither Cities nor Engineer shall assign or transfer its interest herein without the prior written consent of the other. XV. Engineer's Liability Acceptance of the final plans by Cities shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by Cities for any defect in the design, working drawings, specifications, or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by Cities for any defect in the designs, working drawings, specifications, or other documents prepared by said Engineer, its employees, subcontractor, agents and consultants. 17 2121101 XVI. Indemnification Engineer shall and does hereby agree to indemnify and hold harmless the Town of Westlake, City of Southlake and City of Keller, their officers, agents, and employees from any and all damages, loss or liability of any kind, whatsoever, by reason of death or injury to property or third persons caused by the omission or negligent act of Engineer, its officers, agents, employees, invitees or other persons for whom it is legally liable, with regard to the performance of this contract, and Engineer will, at its cost and expense, defend, pay on behalf of, and protect the Cities and their officers, agents, and employees against any and all such claims and demands. XVII. Severability If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract or for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XVIII. Independent Contractor Engineer covenants and agrees that helshe is an independent contractor, and not an officer, agent, servant or employee of the Cities; that Engineer shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between Cities and Engineer, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between Cities and Engineer. IN 2/21/01 XIX. Disclosure By signing this contract, Engineer acknowledges to the Cities that he/she has made a full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. Engineer further agrees that he shall make disclosure in writing of any conflicts of interests which develop subsequent to the signing of this contract and prior to final payment under the contract. XX. Venue The parties to this contract agree and covenant that this contract shall be enforceable in the Town of Westlake, Texas; and that if legal action is necessary to enforce this contract, exclusive venue shall lie in Tarrant County, Texas. XXI. Entire Agreement This contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. Xxu. Applicable Law This contract is entered into subject to the Charter and ordinances of the Cities, as they may be amended from time to time, and is subject to and is to be construed, governed, and enforced under all applicable State of Texas and federal laws. Situs of this contract is agreed to be Tarrant County, Texas, for all purposes, including performance and execution. 19 2/21/01 XXIII. Default If at any time during the term of this contract, Engineer shall fail to commence the work in accordance with the provisions of this contract or fail to diligently provide services in an efficient, timely, and careful manner and in strict accordance with the provisions of this contract or fail to use an adequate number or quality of personnel or equipment to complete the work or fail to perform any of its obligations under this contract, then Cities shall have the right, if Engineer does not cure any such default after thirty (30) days written notice thereof, to terminate this contract and complete the work in any manner it deems desirable, including engaging the services of other parties therefor. Any such act by Cities shall not be deemed a waiver of any other right or remedy of the Cities. If after exercising any such remedy, the cost to the Cities of the performance of the balance of the work is in excess of that part of the contract sum which has not theretofore been paid to Engineer hereunder, Engineer shall be liable for and shall reimburse the Cities for such excess. XXIV. Headings The headings of this contract are for the convenience of reference only and shall not affect in any manner of the terms and conditions hereof. XXV. Kinn-W2ivP_P It is further agreed that one (1) or more instances of forbearance by Cities in the exercise of its rights herein shall in no way constitute a waiver thereof. XXVI. Remedies No right or remedy granted herein or reserved to the to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every other right or remedy give hereunder. No covenant or condition of this contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this contract. 20 2121/01 XXVII. Equal Employment Opportunity Engineer shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, place of birth, disability, or handicap status. Engineer shall tape action to ensure that applicants are employed and treated without regard to their race, age, color, religion, sex, ancestry, national origin, place of birth, disability, or handicap status. This action shall include, but not be limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. XXVIII. Construction of Contract All parties have participated fully in the review and revision of this contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this contract. 21 2121101 XXX Notices All notices, communications, and reports required or permitted under this contract. shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing regular mail. If intended for Cities, to: Trent Petty Town Manager Town of Westlake Town Hall, 3 Village Circle Suite 207, Solana Westlake, Texas 76262 Billy Campbell City Manager City of Southlake 1725 E. Southlake Boulevard Southlake, Texas 76092 Lyle H. Dresher City Manager City of Keller P.O. Box 770 Keller, Texas 76244 If intended for Engineer, to: Jim M. Wagnon, P.E. President Graham Associates, Inc. 616 Six Flags Drive, Suite 400 Arlington, Texas 76011 22 2121101 XXX. Warrant To the extent allowed by law, Engineer warrants that all work will be performed to the professional services standard indicated in Section 1. of this contract. IN WITNESS WHEREOF, the parties enter into this contract on the date first written above. WITNESS: ATTEST: Ginger rosswy, City Se tary 2121101 ENGINEER: j J BY t M. Wa non P.E, Printed or Typed Name President Printed or Typed Title 75-1401566 Tax Identification No. TOWN OF WESTLAKE, TEXAS: BY 23 Trent Petty Printed or Typed Name Town Manager Printed or Typed Title APPROVED AS TO FI: L. Stanton Lpir-; G7 # rney ATTE T: Aa�A Sandra L. LeGr 59R nary 3 ' :rn? .U; _ w% a�+, °•e co 0100 FIN CITY OF SOUTH Billy Gammie. I/ Prinntte�d or Ty ed ame e_-1Qw as r Printed or Typed Title APPROVED AS TO FORM: Allen Taylor, City Attorney ATTEST: CITY OF LER, TEXAS: :��'OPA 9.4 A-) BY Sheila tephens, I y Se re ary Lyle H. Dresher Printed or Typed Name Manager Printed or Typed Title 24 2/21/01 AP Sty THE STATE OF TEXAS Engineer Acknowledgment COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared M Wc, Cj , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act of 6F4 nn /Ir�S ria , ID< a corporation of Rr -n ry -� County, Texas, and as _ c�_5 cf ,�:--} thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the q�4 day of 2001. 400K- W. L. 0� (SEAL) ' N � Xp�I ft VS./ My Commission Expires: THE STATE OF TEXAS COUNTY OF TARRANT Notary Public in and for TheState of Texas � l , r/ t De Notary's Printed Name Municipal Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whole name is subscribed t6D the foregoing instrument, and acknowledged to me that he executed same for and as the act of the Town of Westlake, Texas, a Texas municipal corporation, and as the, thereof, and for the purposes and consideration therein expressed and in the caps q ty therein states. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 1-2- day of 1%t 2001. (SEAL) fqbtaryOPublic in and for Y PGINGER CROSSWY The State of Texas Notary PLHic o- STATE OF TEXAS (� S W 9 OF my Comm. Exp. 022J2004 otary'S rated Name My Commission Expires: 25 2121/01 THE STATE OF TEXAS Municipal Acknowledgment COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whole name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act of the City of Southlake, Texas, a Texas municipal corporation, and as the , thereof, and for the purposes and consideration therein expressed and in the capacity therein states. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2001. (SEAL) My Commission Expires; THE STATE OF TEXAS COUNTY OF TARRANT Notary Public in and for The State of Texas Notary's Printed Name Municipal Acknowled ment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whole name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act of the City of Keller, Texas, a Texas municipal corporation, and as the , thereof, and for the purposes and consideration therein expressed and in the capacity therein states. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _ day of , 2001. (SEAL) My Commission Expires: 26 2/21101 Notary Public in and for The State of Texas Notary's Printed Name ATTACIIMENT "A" GRAHAM ASSOCIATES, INC. ESTABLISHED HOURLY RATES JANUARY 1999 PRINCIPAL $ 110.00 SENIOR. ENGINEER $ 95.00 REGISTERED ENGINEER $ 85.00 GRADUATE ENGINEER $ 70.00 TECHNICIAN IV $ 70.00 TECIP-;ICIAN III $ 60.00 TECHNICIAN H $ 50.00 TECHNICIAN I $ 35.00 3 MAN SURVEY CREW $ 1.00.00 2 MAN SURVEY CREW $ 85.00 GPS SURVEY CREW $125.00 DRAFTSMAN $ 30.00 CLERICAL $ 30.00 CADD STATION $ 25.00 2121101 Exhibit "S" Parsons Transportation Group FM 1938 Houry Rates Principal $1.40.00 Principal Project Manager $130.00 Senior Associate $95.00 Civil Engineering/Design $70.00 Associate $65.00 CADD Technician $60.00 Support/Administrative $35.00 2/21/01 EXHIBIT "C" RIGHT OF WAY Right of Way $ Estimated Number of Parcels Parcel Size Westlake Southiake Budget Keller Keller > 100 Acres 3 0 131,050.00 0 50-100 Acres 5 0 0 10-50 Acres 7 6 1 1-10 Acres 7 36 9 < 1 Acre 11 41 11 Total Tracts 33 83 21 Contract Amount Parcel Size No. of Parcels Cost/Parcel Total > 100 Acres 3 $ 2,500.00 $ 7,500.00 50-100 Acres 5 $ 1,500.00 $ 7,500.00 10-50 Acres 14 $ 1,200.00 $ 16,800.00 1-10 Acres 52 $ 1,000.00 $ 52,000.00 < 1 Acre 63 $ 750.00 $ 47,250.00 Total Budget $ 131,050.00 Budget Breakdown Budget Westlake $ 38,650.00 Budget Southlake $ 73,950.00 Budget Keller $ 18,450.00 Total Budget Right of Way $ 131,050.00 2121101 Total 3 5 14 52 63 137 EXHIBIT "D" SURVEYING BUDGETS Portion all in Westlake (Frontage 16,820 L.F.) Portion in Southlake, Keller & Westlake Approximate Length of Footage Westlake 2,220 L.F. Southlake 10,370 L.F. Keller 8,160 L.F. Total Shared 20,750 L.F. Final Budget Amounts Budget Weslake Budget Southlake Budget Keller Total Budget Surveying 2121101 $ 38,953.00 $ 39,484.20 $ 31,062.80 $ 109,500.00 $ 30,500.00 79,000.00 % of Frontage 10.70% 49.98% 39.32% Total Shared Budget Amount $ 8,453.00 $ 39,484.20 $ 31,062.80 $ 79,000.00 EXHIBIT "E" PROPOSED CITY BREAKDOWNS PERCENT OF FRONTAGE Based on Totai Front Footage Approx. Total Front Footage Westlake 19,040 L.F. Southlake 10,370 L.F. Keller 8,160 L.F. Total 37,570 L.F. 2121101 % Total 50.68% 27.60% 21.72% 100% EXHIBIT "F" ENGINEERING FEES Basic Services Special Services Design Survey (hourly not to exceed) Right -of -Way Exhibits, Descriptions and Right -of -Way Maps EA, Traffic Counts, Noise, Excluding 404 Permits and F.E.M.A. which is not expected to be required Signing and Pavement Markings Pavement Design Geotechnical Study Schematic, Public Meetings, Geometric Drawing Temporary Traffic Signals (1 Intersection) Construction Administration (minimal) As requested by Cities Traffic Signals at Fawkes and Florence 2121101 Total Additional Services $ 885,185.00 $ 109,500.00 $ 131,050.00 $ 40,550.00 $ 27,000.00 $ 6,941.00 $ 40,112.00 $ 27,500.00 $ 7,800.00 $ 15,600.00 $ 18,000.00 $ 424,053.00 Total Engineering Services $ 1,309,238.00 EXHIBIT "G" COST BY CITY Share Method Westlake Southlake Keller Basic Services (Percentage) $ 448,611.76 $ 244,311.06 $ 192,262.18 Special Services Design Survey Right -of -Way EA, Etc. Related Signing & Pavement Markings Pavement Design Geotechnical Study Schematic, Public Meetings & Geometric Drawings Temporary Traffic Signals Construction Administration Traffic Signals at Fawkes and Florence (Special) $ 38,953.00 $ 39,484.20 $ 31,062.80 (Special) $ 38,650.00 $ 73,950.00 $ 18,450.00 (Percentage) $ 20,550.74 $ 11,191.80 $ 8,807.46 (Percentage) $ 13,683.60 $ 7,452.00 $ 5,864.40 (Percentage) $ 3,517.70 $ 1,915.72 $ 1,507.58 (Percentage) $ 20,328.76 $ 11,070.91 $ 8,712.33 (Percentage) $ 13,937.00 $ 79590.00 $ 5,973.00 (Percentage) $ 3,953.04 $ 2,152.80 $ 1,694.16 (Percentage) $ 7,906.08 $ 41305.60 $ 3,388.32 (Percentage) $ 9,122.40 $ 4,968.00 $ 3,909.60 Total $ 619,214.08 $ 408,392.09 $ 281,631.83 City Shares Westlake Southlake Keller Design Surveying $ 38,953.00 $ 39,484.20 $ 31,062.80 Right -of -Way $ 38,650.00 $ 73,950.00 $ 18,450.00 Subtotal $ 77,603.00 $ 113,434.20 $ 49,512.80 Remainder $ 541,611.08 $ 294,957.89 $ 232,119.03 Total $ 619,214.08 $ 408,392.09 $ 281,631.83 2121101 Exhibit "H" Revised February 14, 2001 Cost Sharing for Engineering fees for Precinct Line Road S.H.414 to F.M. 1709 (Southlake Boulevard) The cost sharing for the Town of Westlake's share of Engineering fees for Precinct Line Road will be based on the following methods. Part 1) Each Town or City will pay for their own design surveying and right-of-way documents ($240,550.00) Part 2) Each adjoining property in the Town of Westlake will share 40% of the remaining cost of engineering fees based on their percentage of the total Westlake frontage can Precinct Line Road. ($427,475.00) Part 3) Each of the property owners or development companies listed in Part 2 will share 40% of the remaining cost of engineering fees based on their percentage of the total traffic counts for Precinct Line Road (less any pass through traffic not generated by one of those listed). ($427,475.00) Part 4) 20% of the remaining cost of engineering fees will be obtained from other sources. ($213,738.00) Part 2) Fron e Avg. ADT Owner Approx. Length % Frontage Engineering Share Engineering of Frontage Traffic Volume Share 1. Roland Arthur -North 4,250 L.F. 22.30% $95,327.00 2. Vaquero Arthur 2,250 L.F. 11.81% $50,485.00 3. WB Texas Resort Communities, Inc. 4,261 L.F. 22.36% $95,583.00 4. FMR Texas Partnership 4,192 L.F. 22.00% $94,045.00 5. Maguire Partners — Solana. 4,103 L.F. 21.53% $92.035.00 $154,318.00 Total 19,056 L.F. 100% $427,475.00 Part 3) Traffic *Note: Does not include pass through traffic. - 2114101 Avg. ADT Owner Share Estimated % of Engineering Traffic Volume Traffic Volume Share 1. Roland Arthur — North 114 1.50% $6,412.00 2. Vaquero Arthur 140 1.80% $7,695.00 3. WB Texas Resort Communities, Inc. 593 7.80% $33,343.00 4. FMR Texas Partnership 2,389 31.50% $134,655.00 5. Maguire Partners — Solana 2,738 36.10% $154,318.00 6. Sabre 782 10.30% $44,030.00 7. General Growth 838 11.00% $47.022.00 Total *7,594 100% $427,475.00 *Note: Does not include pass through traffic. - 2114101 Exhibit "H" Continued Revised February 14, 2001 Total Engineering Share Owner Total 1. Town of Westlake $77,603.00 2. City of Southlake $113,434.00 3. City of Keller $49,513.00 4. Roland Arthur — North $101,739.00 5_ Vaquero Arthur $58,180.00 6. WB Texas Resort Communities, Inc. $128,926.00 7. FMR Texas $228,700.00 8. Maguire Partners — Solana $246,353.00 9. Sabre $44,030.00 10. General Growth $47,022.00 11. 20% by Others $213,738.00 Total $1,309,238.00 2/14/41 cid 0 flWER December 22, 2000 Mr. Trent Petty, Town Manager Town of Westlake 3 Village Circle, Suite 207 Solana Westlake, TX 76262 Re: Joint Engineering Services Contract; Authorizing Resolution No. 1551 Dear Trent: Enclosed please find a copy of City Council Resolution No. 1551, dated December 5, 2000, authorizing the execution of the Engineering Services Contract between the Town of Westlake, the City of Keller and the City of Southlake and Graham Associates, Inc. relating to the surveying and design of Randol Mill Road (Extension of FM 1938). It is my understanding that the City of Southlake will be considering said contract in January 2001. Also, I have received original settlement documents relating to the Keller Water CCN for signature. I am currently forwarding them to my Mayor for signature, after which I will be sending them to you for execution - FINALLY. Thanks for your hard work and cooperation on both issues. Sincerely, Q--_1 Lyle . Dresher City Manager Encl Cc Billy Campbell, City of Southlake Bruce Payne, City of Southlake Ed Elschner, Director of Public Works, Keller 158 SOUTH MAIN STREET • P.O. BOX 770 • KELLER, TEXAS 76244 • (817)431.1517 Fax (817)431-5867 Web: http://www.cityofkelter.com 9 E-mail: kellercityhall@home.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14, 15 16 17 18 19' 21 23 24 25 26 27 28 RESOLUTION NO. 1551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS, APPROVING A JOINT ENGINEERING SERVICES CONTRACT BETWEEN THE CITY OF KELLER, THE CITY OF SOUTHLAKE, AND THE TOWN OF WESTLAKE WITH GRAHAM ASSOCIATES, INC., FOR ENGINEERING AND DESIGN SERVICES RELATING TO THE EXTENSION OF RANDOL MILL ROAD (FM 1938) FROM S.H. 114/PRECINCT LINE ROAD TO FM 1709; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED THERETO ON BEHALF OF THE CITY OF KELLER, TEXAS. WHEREAS, the City of Keller, the City of Southlake, and the Town of Westlake have approved resolutions of interest in the extension and improvement of Randol Mill Road (FM 1938) from S.H. 114/Precinct Line Road to FM 1709; and WHEREAS, it has been determined that it is in the best interest of the affected communities of Keller, Southlake, and Westlake to accelerate said project construction by jointly completing design/engineering and right-of-way documents related thereto for use by the Texas Department of Transportation for right-of-way acquisition and roadway construction; and WHEREAS, in order to fund the total cost of completing design/engineering and right-of- way documents, private sector funds are also necessary to supplement the local entities' shares; and WHEREAS, the City of Keller agrees to fund its proportionate share of the engineering services as set forth in said Agreement, attached hereto as Exhibit "A" and more specifically described in Exhibit "G" thereto, provided that the Texas Department of Transportation accept the described roadway as part of the State transportation system; and further agrees to provide the necessary funding for the construction and right-of-way acquisition; and 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 1E 1C 2( 2] 2< 21. 24 24P 2E 21 W WHEREAS, the City of Keller's participation herein is also contingent upon all private sector participates funding their proportionate share of the engineering services costs, as outlined in Exhibit "H" to Exhibit "A" to this Resolution, and the execution of said joint engineering services contract by the City of Southlake, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: Section 1: THAT, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. Section 2: THAT, the City Council of the City of Keller, Texas hereby approves a joint engineering services contract between the City of Keller, the City of Southlake, and the Town of Westlake with Graham Associates, Inc., relating to the extension and improvements to Randol Mill Road (FM 1938) from S.H. 114/Precinct Line Road to FM 1709 in accordance with the provisions and stipulations recited above; and further authorizes the City Manager to execute all documents related thereto on behalf of the City of Keller. Section 3: THAT, the City's participation cost, not to exceed $281,613.83 unless specifically authorized by the City Council, shall be paid from Certificates of Obligation, Series 2001 funding. 2 N. 1 2 3 4 5 6 7 8 9 10l 11! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AND IT IS SO RESOLVED. Passed by a vote of 5 to 0 on this the 5th day of December, 2000. ITY OF KELLER, T XAS BY: i vid C. hillips ayor ATTEST: Sheila Stephens, Cit Secretary Approved as to form and legality: ney 3