Item 9C CITY OF
SOUTHLAK
MEMORANDUM
May 31, 2016
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Item 9C: Approve a professional engineering services
agreement with Kimley Horn for design schematic,
topographic survey, right of way mapping, traffic study and
project management for SH 114 frontage roads and ramp
improvements from Dove Road to Kirkwood Boulevard in an
amount not to exceed $450,000
Action
Requested: Approval of the agreement as presented.
Background
Information: The completion of the expansion of SH 114 in 2004 did not
include the construction of frontage roads between Dove
Road and Kirkwood Boulevard. Currently, westbound
drivers who proceed on the frontage road from the Dove
Road and SH 114 intersection must re-enter the highway
before being allowed to exit again at Kirkwood Boulevard.
Regional growth in recent years has increased usage of SH
114 as a key east-west connector. Additionally, with the
recent approval of the TD Ameritrade development as well
as the renovations to the Solana development and
particularly the expansion and addition of a parking garage
at 1000 West Kirkwood Boulevard which is intended to
increase the building's capacity, the need for capacity
improvements such as the completion of the frontage roads
has become more pressing. The lack of a frontage road
along this portion of SH 114 represents a critical missing
element of mobility infrastructure in the City of Southlake.
In April 2016, the City contracted with Mr. Jerry Hodge of
Hodge and Associates to act as the project team leader on
the design of the frontage roads on SH 114 between Dove
Road and Kirkwood Boulevard. As such, Mr. Hodge has
worked with TxDOT and Kimley Horn to develop project plan
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 9C: Kimley Horn Engineering Services Agreement;
City Council Meeting Date — June 7. 2016
Page 2 of 14
to advance this project forward. The first step in this plan is
the completion of a design schematic, topographic survey,
right of way mapping and traffic study. Approval of this item
will provide authorization to proceed with Kimley Horn on
completing this first step.
Financial
Considerations: Currently, there is no project fund established for this project.
However, the City's Chief Financial Officer has indicated that
should Council want to proceed, funding is available from the
following sources:
• FY 2016 Capital Budget — Tower Entry Feature at
Town Square and SH 114: Recall that City Council
reduced the project scope of this item following a
work session discussion late last year. As such, the
funding necessary to complete this item is $150,000.
The FY 2016 Capital Budget included an allocation of
$400,000 which following the project's scope
reduction, leaves $250,000 unallocated. Chief
Financial Officer Jackson recommends reallocating
this remainder to the SH 114 frontage road project.
• Residual Funds — Capital Projects: From time to time,
capital projects do not utilize their full funding
allocation, leaving residual funds in project line items.
Chief Financial Officer Jackson has identified projects
where this is currently the case and recommends
reallocating these residual funds to the SH 114
frontage road project.
Current construction cost estimates for this project are
estimated at $10.3 million. Additional costs whose amounts
are yet to be determined include engineering related to final
design, ROW acquisition, utility relocations, etc. Final
project costs are estimated at this time at between $12
million and $13 million. The City's portion of the project cost
will be determined by partner participation amounts. Once
the City of Southlake portion is identified, staff will include
funding requests in the City's future capital budgets.
Moving forward with this agreement does not commit the
City to any costs beyond those in the agreement. It only
allows the City to proceed with those items specified in the
agreement which will provide the necessary design and cost
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 9C: Kimley Horn Engineering Services Agreement;
City Council Meeting Date — June 7. ,2016
Page 3 of 14
estimates needed to assemble project partners and advance
the project through both TxDOT and NCTCOG processes.
Strategic Link: C2 Provide travel convenience within the City and region
CBO2 Enhance mobility through aggressive traffic
management initiatives and capital project implementation.
Given the size and potential expenditure needed to complete
this project, staff will bring forward for consideration an
amendment to the Southlake 2030 Mobility Master Plan to
include this project as a master plan recommendation.
Citizen Input/
Board Review: Currently, this project has only received citizen input in that
several citizens stated their desire for this project during the
public hearings that were held for the TD Ameritrade site
plan.
Additional citizen input and board review will be included
with the consideration of an amendment to the Southlake
2030 Mobility Master Plan.
Legal Review: The proposed agreement is a standard agreement that the
City Attorney has reviewed and approved.
Alternatives:
1 . Do not approve agreement and elect not to move forward
with project.
2. Direct staff to explore revisions to scope of work and
amend agreement to reflect revisions.
Supporting
Documents: Agreement for Engineering Services
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 2016 by and between
the City of Southlake, Texas (hereinafter referred to as "CITY"), and Kimley-Horn (hereinafter
referred to as "ENGINEER").
WHEREAS, CITY contemplates the need to prepare a Design Schematic for State
Highway (SH) 114 Frontage Road and Ramp Improvements from Kirkwood Boulevard to
Dove Road, eastbound (EB) and westbound (WB). This project is to be known as Schematic
for SH 114 Frontage Road and Ramp Improvements from Kirkwood Boulevard to Dove Road
(EB and WB) and hereinafter referred to as the "Project".
WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary
engineering work upon which the Project is based and is willing and able to work with CITY
staff to organize and coordinate the professional services necessary to complete the Project.
NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees
to perform, the engineering work for the Project, as more fully described herein below, and
CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation,
the payments on the dates and in the amounts herein specified, all in accordance with the
terms more fully set out below and as provided in Attachment A which is attached hereto and
incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Attachment A in accordance with the terms set
forth in this Agreement and in Attachment A.
B. Definitions
Services refer to the professional services performed by ENGINEER pursuant to this
Agreement.
C. Changes
CITY, without invalidating the Agreement, may order changes within the general scope
of the work required by the Agreement by altering, adding to and/or deducting from the work
to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or
the time required for, the performance of any part of the Services under the Agreement, an
equitable adjustment will be made by mutual agreement and this Agreement shall be
modified in writing accordingly.
D. Coordination With Owner
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in the
CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with local
conditions and accepts conditions at the site unless otherwise noted in writing to the CITY.
Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its
responsibilities specified hereunder. Necessary arrangement for access to any site by
ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and not to
any third party and for this reason neither this Agreement nor any contract hereunder shall be
assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its
obligations under this Agreement without the prior consent of CITY.
G. Independent Contractor
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; 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 solely responsible
for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and
consultants, that the doctrine of respondent superior shall not apply as between CITY and
ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants,
and nothing herein shall be construed as creating a partnership or joint enterprise between
CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made 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 relations with abutting property owners. ENGINEER further warrants
that it will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this contract and prior to final payment under the contract. Finally, Engineer
warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as
required by Chapter 176 of the Texas Local Government Code.
I. Approval by CITY
Approval by CITY of this Agreement shall not constitute or be deemed to be a release
of the responsibility and liability of ENGINEER, its officers, agents, employees, and
subcontractors for the accuracy and competency of the Services performed under this
Agreement, including but not limited to surveys, designs, working drawings and specifications
and other engineering documents.
Such approval shall not be deemed to be an assumption of such responsibility and
liability by CITY for any negligent act, error, or omission in the performance of ENGINEER's
professional services or in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications or other engineering documents by
ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the
parties that approval by CITY signifies the CITY's approval of only the general design
concept of the Improvements to be constructed.
J. Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS 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 PERSON CAUSED BY ANY 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 CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the parties
specifically agree and contract that: (1) this Agreement only affects matters/disputes between
the parties to this Agreement, 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 CITY and ENGINEER, or both; and (2) the terms of
this Agreement are not intended to release, either by contract or operation of law, any third
person or entity from obligations they owe to either CITY or ENGINEER.
L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants of this
Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this
Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's
control or knowledge which is pertinent to the Project, including executed right-
of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within reasonable time
and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in Contractor's
work;
6. Designate in writing a person to act as its representative with respect to this
Agreement, such person having complete authority to transmit instructions,
receive information, and make or interpret the CITY's decisions;
7. Provide all information and criteria as to the CITY's requirements, objectives,
and expectations for the Project including all numerical criteria that are to be
met and all standards of development, design, or construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data, environmental
impact assessments or statements, zoning or other land use regulations, etc.,
upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as required
for the ENGINEER to provide its services.
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this Agreement,
in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be paid
on the basis outlined in Attachment A in an amount not to exceed cost ceiling of $450,000 as
billed monthly by the ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for costs incurred in accordance with the work
performed provided the limits set out in Article III hereof have not been exceeded. Payment
shall be due within thirty (30) days of receipt by CITY of a properly prepared and correct
invoice from ENGINEER. ENGINEER's invoices shall be accompanied by such records or
other written proof as CITY deems necessary to verify the billings. Invoices shall be made to
City Finance Department's office at 1400 Main Street, Suite 440, Southlake, Texas
76092.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day when
payment for services and expenses is due under the terms of this Agreement, ENGINEER
shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the
Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to time
and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee (see Attachment A) as determined by the actual costs
incurred and by actual time expended, such services to be one or more of the following:
1 . Make or prepare detailed description of sites, maps, or drawings related thereto
and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings related
to the Project;
3. Preparation of environmental impact assessments or statements for any
governmental agency;
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection is
not required, in writing, by the CITY;
6. Other services agreed to by the parties in writing and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of care
and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession in the same locality at the time the services are provided. No warranty, express or
implied, is made or intended by the ENGINEER's undertaking herein or its performance of
services, and it is agreed that the ENGINEER is not a fiduciary with respect to the CITY.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and shall
remain in force until work is completed on the Project or until terminated under the provisions
hereinafter provided in Article VIII.
VIII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience or for any cause
upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice the
ENGINEER shall immediately discontinue all services and work and the placing of all orders
or the entering into contracts for supplies, assistance, facilities, and materials in connection
with the performance of this Agreement and shall proceed to cancel promptly all existing
contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered through the
date of termination together with any additional reimbursable expense then due.
IX.ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this Agreement,
including the original drawings in both paper and electronic formats, shall
become the property of CITY if this Agreement is terminated. Upon completion
and payment of the contract, the final design, drawings, specifications and
documents in both paper and electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of
such documents without the permission of ENGINEER shall be at CITY's sole
risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as required by
the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage including
contractual liability in a combined single limit - $500,000 per occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a
combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10) business
days after execution of this Agreement and prior to issuing Notice to Proceed. Such
certificates shall provide that the insurer will give CITY not less than ten (10) days notice of
any material changes in or cancellation of coverage. In the event any subcontractor of
ENGINEER, with or without CITY's consent, provides or renders services under this
Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the
same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the minimum
amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The
insurance coverage prescribed herein shall be maintained until one (1) year after CITY's
acceptance of the construction project and shall not be canceled without prior written notice
to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a
Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage
required herein has been obtained by ENGINEER, and such certificate shall contain the
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification
or alteration in such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
ENGINEER shall employ manpower and other resources, and use professional skill
and diligence to meet the schedule; however, ENGINEER shall not be responsible for
schedule delays resulting from conditions beyond its control. By mutual agreement, CITY
and ENGINEER may modify the Project schedule during the course of the Project and if such
modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to
CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work. For
additional Engineering Services, the authorization by CITY shall be in writing and shall
include the definition of the services to be provided, the schedule for commencing and
completing the services, and the basis for compensation as agreed upon by CITY and
ENGINEER.
XILARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either personally,
by registered or certified mail, return receipt requested, or by a nationally recognized
overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: Nathan Ante, P.E.
Kimley-Horn
2201 West Royal Lane, Suite 275
Irving, Texas 75063
Phone: (214) 420-5600
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or unenforceable,
shall not substantially affect the rights or obligations granted to or undertaken by either party.
XIV. ARTICLE
VENUE-LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of
the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed in two
equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
By:
Shana Yelverton, City Manager
ATTEST:
By:
City Secretary
ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC.
By:
Brad Tribble, P.E., Senior Vice President
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared known to me [or proved
to me on the oath of or through (description of
identity card or other document)] to be the person whose name is subscribed to the foregoing
instrument and that he/she is the duly authorized of
, and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of A.D.
(SEAL) Notary Public, State of Texas
Notary's Name Printed
Attachment A — Scope of Work
Kimley>>)Horn Attachment
May 24, 2016
Mr. Robert Cohen
Director of Public Works
City of Southlake
1400 Main St., Suite 320
Southlake, TX 76092
Re: Design Schematic for SH 114 Frontage Road and Ramp Improvements from
Kirkwood Boulevard to Dove Road (EB and WB)
Dear Mr. Cohen,
Kimley-Horn and Associates, Inc. (the "ENGINEER") is pleased to submit this proposal to the City of
Southlake (the "CITY") for providing professional engineering services associated with preparing a
Design Schematic for State Highway (SH) 114 Frontage Roads and Ramp Improvements from
Kirkwood Boulevard to Dove Road, eastbound (EB) and westbound (WB), including intersection
improvements at Kirkwood Boulevard/SH 114 Frontage(EB and WB)and Dove Road/SH 114 Frontage
(EB and WB). Our Project Understanding, Scope of Services, Schedule, and Fee and Billing are set
forth below.
Project Understanding
The City of Southlake wishes to engage Kimley-Horn to perform a traffic study and develop 30% plans
(Design Schematic) in support of the design of SH 114 Frontage Roads and Ramp Improvements from
Kirkwood Boulevard to Dove Road. The project will be developed following the TxDOT Project
Development Process, in concert with City of Southlake project management.This phase of the project
is limited to the ENGINEER developing the Design Schematic. In parallel, TxDOT will develop the
environmental documentation and ultimately securing the permit.
Scope of Services
The following scope of services includes Project Management, Topographic Survey and Right-of-Way
(ROW) Mapping, Traffic Study, and Design Schematic for the SH 114 Frontage Road and Ramp
Improvements from Kirkwood Boulevard to Dove Road in the City of Southlake, Texas.
ENGINEER will perform the tasks in accordance with the latest version of applicable TxDOT
procedures, specifications, design manuals, guidelines, standard drawings, standard specifications or
previously approved special provisions and special specifications to include: TxDOT Roadway Design
Manual, TxDOT Survey Manual, TxDOT Right of Way Manual, Texas Manual on Uniform Traffic Control
Devices (TMUTCD), Standard Specifications for Construction and Maintenance of Highways, Streets
kimley-horn.com 2201 West Royal Lane,Suite 275, Irving TX 75063 .��
Kirnley>)) Horn Page 2
and Bridges, 2014, and other TxDOT approved manuals. When design criteria are not identified in
TxDOT manuals, ENGINEER will refer to the American Association of State Highway and
Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Streets, (latest
Edition).
The following items will be included in the Design Schematic:
a) WB Frontage Road from Dove Road to Kirkwood Boulevard;
b) WB Exit Ramp to replace existing WB Entrance Ramp near Dove Road;
c) WB Entrance Ramp to replace existing WB Exit Ramp near Kirkwood Boulevard;
d) SH 114 bridge widening(WB)at Kirkwood Boulevard (if required to accommodate the proposed
ramp locations);
e) Improvements to Dove Road and SH 114 intersection;
f) Improvements to Kirkwood Boulevard and SH 114 intersection;
g) U-Turn lane (EB to WB movement) and the partial diverging diamond at the intersection of
Kirkwood Boulevard and SH 114;
h) EB Frontage Road from Kirkwood Boulevard to Dove Road;
i) EB Exit Ramp to replace existing EB Entrance Ramp near Kirkwood Boulevard;
j) EB Entrance Ramp to replace EB existing Exit Ramp near Dove Road.
Task 1—Project Management $30,000(Hourly)
ENGINEER's scope of services could include any of the tasks listed below. However, the budgeted fee
identified allows for approximately 150 hours of ENGINEER's labor and anticipated expenses.
• ENGINEER will assist the CITY in initiating a funding agreement between the State (TxDOT)
and the CITY in accordance with current TxDOT procedures and defined in TxDOT's Local
Government Project Procedures, Module 3 — Advance Funding Agreements between the
Texas Department of Transportation (TxDOT)and a Local Government(LG) for Transportation
Projects, published February 2009, by providing a project description and scope, location map,
and opinion of probable construction costs for use in the funding agreement. The CITY does
not currently have a Master Advance Funding Agreement (MAFA) in place with TxDOT;
therefore, an AFA for Voluntary Projects or a long form version of the standard Local Project
Area Funding Agreement (LPAFA) between TxDOT and the CITY is anticipated. This funding
agreement is required to define a funding mechanism and project scope for improvements
within TxDOT right-of-way and a prerequisite for this type of Project. The CITY must request
this funding agreement for approval from TxDOT. The Southlake Town Council must approve
the request to enter into a funding agreement with TxDOT. The CITY will facilitate the funding
agreement with all stakeholders and funding partners.
• Design Concept Conference (DCC)
Coordinate, attend, and document the DCC prior to or during preliminary schematic
development.
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving TX 75063 .��
Kirnley>)) Horn
Prepare a Design Summary Report (DSR)to reflect discussion and decisions at the DCC.
DSR will be updated throughout project development as design progresses.
• Perform Field Reconnaissance
Perform site visits to verify topographic survey, obtain project photos, and familiarize
project team with project site.
• ENGINEER will conduct progress meetings to monitor the development of the project. During
this phase of the project, conduct up to:
Six (6) meetings with the CITY and/or TxDOT regarding the project status, design, and
coordination issues.
• ENGINEER will attend up to two (2) Public Meetings anticipated to be required for the
Environmental process and documentation (as prepared by TxDOT).
• ENGINEER will coordinate with subconsultants (survey and traffic data collection).
Coordination will include providing design data and assisting in completing checklists and
applications required by the State.
• Project Administration
Prepare project correspondence and invoicing documents
• ENGINEER will develop a project production plan
Develop work plan (identify tasks and subtasks)
Develop roles and assignments
Develop schedule and interim milestones
Develop Quality Assurance Plan and Quality Control Plan
Develop Schedule for milestone QA/QC review
Prepare Design Summary Report (DSR) and update throughout
Prepare design waiver requests (if necessary)
Prepare Page 3 of TxDOT Form 1002
Task 2— Topographic Survey and ROW Mapping $110,000(Hourly/Reimbursable)
ENGINEER will utilize a subconsultant to perform the topographic survey and develop the ROW map
for the project. Right of Entry may be necessary for this project. The property owners (including TxDOT)
will be notified and a Request for Right of Entry Permission Form will need to be secured by the CITY
before any field survey services are performed on their property. Surveyors will utilize TxDOT Standard
Traffic Control Plan S-5a while working along SH 114. A 48-hour notification to TxDOT is required prior
to any field survey activity.
Topographic Survey
Perform topographic surveying at the intersections of Kirkwood Boulevard and Dove Road at SH 114
and proposed WB Frontage Road and Ramp location between these intersections (items a, b, c, d, e,
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f, and g listed above), approximately 200-ft in width. ENGINEER will request authorization from TxDOT
to utilize the Fort Worth District VRS Network for GPS RTK data acquisition; and will additionally
employ conventional survey methods and high definition laser scanning to obtain the horizontal and
vertical data, including any visible utilities, drainage structures, fences, existing pavement, pavement
markings and signs, and break lines.
Aerial Mapping
Perform traditional photogrammetrics along approximately 5,000 linear feet of the SH 114 from
Kirkwood Boulevard to Dove Road (items h, i, and j listed above). Limits of the data will include up to
600 foot cross sections along the centerline of SH 114 with one foot contour definition and three inch
pixel resolution.
Project Control
A minimum of ten (10)points will be established. Data Sheets can be provided as an Additional Service,
if requested.
Utility Survey
ENGINEER will perform utility observation including Level "C" and Level "D" subsurface utility
engineering (SUE), surface observation, and aerial investigation in accordance with AASHTO
standards and Utility Quality Levels. Utility Quality Levels are defined in cumulative order (least to
greatest) as follows:
• Quality Level "D" - Existing Records: Utilities are plotted from review of available existing
records. CITY and TxDOT to provide ENGINEER with available records.
• Quality Level "C" - Surface Visible Feature Survey: Quality Level "D" information from existing
records is correlated with surveyed surface-visible features. Includes Quality Level "D"
information.
This portion of the task does not include SUE Level "A" or "B" investigations because we do not
anticipate that level of detail will be necessary for the Design Schematic. However, SUE Level "A" or
"B" investigations may be required during future phases.
ROW Mapping
This task includes property ownership research and gathering existing right-of-way and easement
information within the project limits. Property corner monumentation, if found, will be used to identify
the existing right-of-way. Easements (and existing right-of-way if monumentation is not found) will be
identified through typical research methodologies (i.e. plats, court house filings, etc.). Undocumented
easements may not be identified. Existing right-of-way and easement linework will be shown on the
Design Schematic.
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Task 3— Traffic Study $50,000(Hourly)
ENGINEER's scope of services could include any of the tasks listed below. However, the budgeted fee
identified allows for approximately 200 hours of ENGINEER's labor and anticipated expenses.
ENGINEER will perform the following services to evaluate the proposed addition of frontage roads and
ramp modifications for SH 114 from Kirkwood Boulevard to Dove Road (EB and WB), including
intersection improvements at Kirkwood Boulevard/SH 114 Frontage (EB and WB) and Dove Road/SH
114 Frontage (EB and WB). The goals for this study are to:
• Evaluate the volumes and operations of the freeway, ramps and frontage roads for up to three
(3) alternatives, including a no-build scenario;
• Identify potential mitigation improvements at the Kirkwood/SH 114 intersection including the
WB to EB U-turn lane and the partial diverging diamond left turn design.
• Prepare a technical report describing the study approach, analysis results, study findings, and
recommendations; and
• Present the study findings and recommendations to the CITY and TxDOT.
Data Collection
AM & PM peak hour weekday turning movement counts will be collected at the following intersections:
• SH 114 EB Frontage Road and Solana Boulevard (already collected under separate
agreement, Kirkwood signal warrant study)
• SH 114 WB Frontage Road and Kirkwood Boulevard (already collected under separate
agreement, Kirkwood signal warrant study)
• SH 114 EB Frontage Road and Dove Road
• SH 114 WB Frontage Road and Dove Road
• SH 114 EB Frontage Road and White Chapel Boulevard
• SH 114 WB Frontage Road and White Chapel Boulevard
• SH 114 EB Frontage Road and Davis Boulevard
• SH 114 WB Frontage Road and Davis Boulevard
24 hour weekday recording machine counts will be collected at the following locations:
• SH 114 WB and EB Main lanes between Solana/Kirkwood Blvd and Dove Road
• SH 114 EB Frontage Road, west of Davis Boulevard
• SH 114 EB Frontage Road, east of Dove Road
• SH 114 EB Frontage Road Entrance Ramps west and east of Davis Boulevard
• SH 114 EB Frontage Road Entrance and Exit Ramps at Solana Boulevard
• SH 114 EB Frontage Road Entrance and Exit Ramps at Dove Road
• SH 114 WB Frontage Road, west of Davis Boulevard
• SH 114 WB Frontage Road, west of Kirkwood Boulevard
• SH 114 WB Frontage Road, west of White Chapel Boulevard
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• SH 114 WB Frontage Road Exit Ramps west and east of Davis Boulevard
• SH 114 WB Frontage Road Entrance and Exit Ramps at Kirkwood Boulevard
• SH 114 WB Frontage Road Entrance and Exit Ramps at Dove Road
If it is determined that additional traffic counts are required for the study, these additional counts will be
considered Additional Services.
ENGINEER will request from TxDOT any previous corridor and interchange studies related to the
project study area, along with related supporting traffic and construction funding resource data,
including any TxDOT TP&P volumes. These shall include current programmed corridor and
interchange improvements. ENGINEER will also request the trip generation volumes for the proposed
TD Ameritrade Center adjacent to SH 114 between Kirkwood and Dove.
ENGINEER will conduct a site visit during AM and PM traffic periods. As part of this visit, the
ENGINEER will visually verify the geometrics and lane configurations for the existing freeway main
lanes, ramp terminals, frontage roads, and affected interchanges.
Operations Analysis
Analysis may be performed for the following years for up to three (3) alternatives including the no-build
scenario.
Existing "No-Build" (2016);
Existing Redistributed Traffic Volumes (2016);
Horizon Year (20XX);
Model Year(20XX).
ENGINEER will use the data collected for the existing year analysis. Future traffic projections will be
obtained from TxDOT and from the TD Ameritrade TIA. No transportation modeling (TransCAD) is
included as part of this task.
The intersection and segment analysis of the study area will be accomplished through the use of the
SynchroTM intersection capacity analysis and the Highway Capacity Software. The analysis is
anticipated to include:
• Freeway / Ramp Level of Service along SH 114 from Kirkwood Boulevard to Dove Road,
including the influence area of one additional ramp each direction west of Kirkwood Boulevard
and one additional ramp each direction east of Dove Road;
• Weaving Analysis (SH 114 between Kirkwood Boulevard and Dove Road);
• Intersection level of service (SH 114 interchange at Kirkwood Boulevard/Solana Boulevard, SH
114 interchange at Dove Road);
• Discussion of impact to access of existing and proposed businesses.
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Documentation
ENGINEER will prepare and submit a draft technical memorandum that documents the study
methodology, design considerations, existing and projected traffic volumes, analyses results, the
benefits and impacts for each alternative, and any conclusions and recommendations. The ENGINEER
will incorporate review comments from the CITY and TxDOT and submit a final memorandum in
electronic format (.pdf) and up to ten (10) paper copies.
Meetings
ENGINEER will attend up to two (2) meetings with the CITY and/or TxDOT to go over the methodology,
findings and recommendations of the study.
Task 4—Design Schematic (30%) (Basic Service) $260,000(Lump Sum)
ENGINEER will prepare a Design Schematic for SH 114 Frontage Road and Ramp Improvements from
Kirkwood Boulevard to Dove Road, including the WB to EB U-turn lane and the partial diverging
diamond at the Kirkwood Boulevard and SH 114 intersection. The purpose of the Design Schematic
will be to define the roadway geometry, identify alternatives considered as part of the Environmental
document prepared by TxDOT, and receive design approval from TxDOT for improvements within the
proposed TxDOT ROW. This task consists of the following effort:
• Data Collection
Obtain and review existing data made available by TxDOT and the CITY.
Obtain and review survey data and existing geotechnical data made available by TxDOT
and the subconsultants.
• Develop Typical Sections (Existing and Proposed)
Existing typical sections of SH 114 will be based on record drawings and existing traffic
lane configurations.
The anticipated frontage road typical sections will include an urban curb and gutter section,
frontage road will be designed based on criteria from TxDOT Roadway Design Manual -
Table 3-1: Geometric Design Criteria for Urban Streets.
Develop proposed typical section for the bridge widening, if required.
• Develop Horizontal and Vertical Geometry
Horizontal geometry for the roadway elements will be created utilizing Microstation and
GeoPak civil design software and will comply with the design criteria established in the
TxDOT Roadway Design Manual and the DSR approved by TxDOT.
Vertical geometry will be designed utilizing GeoPak and will comply with the design criteria
established in the TxDOT Roadway Design manual and the DSR approved by TxDOT.
Profiles will be developed for the frontage road and ramps only.
Develop a preliminary bridge layout, if required.
• Develop Preliminary Drainage
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■ Compile hydrological and hydraulic data
■ Develop project drainage area map
■ Determine conveyance paths, channel slopes, time of concentration, and runoff
coefficients to calculate design-year flows per TxDOT criteria
■ Subdivide the overall drainage areas into sub-areas and calculate the discharge at each
design point. Analyze inlet capacities and adjust inlet locations and sub-areas as needed
to meet TxDOT design criteria.
• Develop Preliminary Roadway Cross Sections
■ Roadway cross sections will be created utilizing MicroStation and GeoPak civil design
software at a spacing no less than 50 feet with additional sections at points of interest.
■ Existing ground cross sections will be developed based on the DTM data.
■ Proposed roadway cross sections will be developed based on the proposed typical
sections and design horizontal and vertical geometry.
■ Preliminary roadway cross sections will be utilized to perform earthwork computations.
• Develop Schematic Traffic Signal Layouts
■ At the interchange of SH 114 and Kirkwood / Solana, a schematic layout of future traffic
signals will be prepared.
■ At the interchange of SH 114 and Dove, a schematic layout of any changes to the existing
traffic signals will be prepared.
■ Full traffic signal design is not included in this task.
• Compile and prepare a preliminary opinion of probable construction cost for the entire project
using recent average unit bid prices which are representative of similar types of construction in
the local area.
Schematic Design Submittal
■ ENGINEER will submit up to two (2) copies of the Design Schematic (roll plot format) to
the CITY for review and comment
■ Submittal will include the following:
• Preliminary frontage road, ramps, bridge widening, and intersection configuration and
corresponding roadway alignments. Profiles will be provided for the frontage roads and
ramps only.
• Preliminary opinion of probable construction cost
■ ENGINEER will address one (1) round of CITY Comments
■ ENGINEER will submit Design Schematic roll plot to the North Tarrant Area Office
(NTCAO)for review and comment
■ ENGINEER will address up to one (1)round of NTCAO comments and re-submit for further
processing
■ ENGINEER will submit Design Schematic roll plot for TxDOT Fort Worth District review
■ ENGINEER will address up to two (2) rounds of TxDOT Fort Worth District comments and
re-submit for further processing
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■ ENGINEER will submit Design Schematic roll plot for TxDOT Design Division review and
approval
■ ENGINEER will address TxDOT Design Division comments and re-submit for further
processing, review, and approval by TxDOT
Additional Services
Any services not specifically identified in the Scope of Services shall be considered Additional Services.
These may be performed on an individual basis upon written authorization by the CITY at our then
current hourly rates under the existing Agreement if budget allows. The following are considered
Additional Services:
• Preparation of Right-of-Way and/or Easement Instruments of Conveyance
• Right-of-Way and Easement Acquisition and Negotiations
• Parcel Plats and Legal Descriptions
• Environmental Assessments & Environmental Impact Statements
• Geotechnical Investigation
• Public Involvement beyond two (2) Public Meeting identified in the Scope of Services
• Utility Coordination
• Subsurface Utility Engineering Level "A" or"B"
• Additional Traffic Studies and Data Collection
• VISSIM Traffic Simulation
• Transportation modeling (NCTCOG TransCAD model)
• City utilities analysis and/or design
• Illumination layout and/or design
• Final Traffic signal design
• PS&E phase services
• Bidding/letting phase services
• Construction phase services
• Record drawing preparation
• Assist as an expert witness in litigation in connection with the project or in hearings before
approving and regulatory agencies
• Redesign to reflect project scope changes requested by the CITY and/or TxDOT, required to
address changed conditions or change in direction previously approved by the CITY and/or
TxDOT
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Fee and Billing
The ENGINEER will perform the services identified in the Scope of Services on either a Lump Sum or
Reimbursable/Hourly basis in accordance with the following tasks.
Special Services - Reimbursable/Hourly: Est. Fee:
Task 1 —Project Management $ 30,000
Task 2—Topographic Survey and ROW Mapping $110,000
Task 3—Traffic Studies $ 50,000
Total Reimbursable/Hourly: $190,000
Basic Services— Lump Sum: Est. Fee:
Task 4—Design Schematic $260,000
Total Lump Sum: $260,000
Total Fee: $450,000
The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum
fee of$260,000. All permitting, application, and similar project fees will be paid directly by the CITY.
Lump Sum fees will be invoiced monthly based upon percentage of services performed as of the invoice
date.
The ENGINEER will provide the Reimbursable/Hourly Tasks services on a labor fee plus expense
basis. For your budgeting purposes we recommend allocating $190,000 for these tasks. The fee
breakdowns for each task are for budgeting purposes only and ENGINEER reserves the right to
reallocate the reimbursable budget among tasks as necessary. Direct reimbursable expenses
(subconsultant fees, out-of-house printing, courier services, etc.) will be billed at a rate of 1.10 times
cost. Labor fee will be billed on an hourly basis per the attached rate schedule, which is subject to
annual adjustment. A percentage of labor fee (6%) will be added to each invoice, and that amount is
included in the not-to-exceed budgets, to cover certain other expenses such as telecommunications,
printing, in-house reproduction, postage, computer expenses, supplies, and local mileage.
Administrative time related to the project will be billed hourly. All permitting, application, and similar
project fees will be paid directly by the CITY.
Fees will be invoiced monthly based on the actual amount of services performed and expenses
incurred. A description of services provided and hourly breakdown will be provided with each invoice.
Payment will be due within thirty (30)days of your receipt of the invoice.
Schedule
The ENGINEER will provide services as expeditiously as possible, and will meet a mutually agreed
upon schedule.
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Closure
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute the Professional Services Agreement and return to us. Fees and times
stated in this letter are valid for sixty (60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
L. Nathan Ante, P.E.
Project Manager
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