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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, kimley-horn.com 2201 West Royal Lane, Suite 275, Irving TX 75063 .�� Ki m ey>>)H o r n Page 4 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. kimley-horn.com 2201 West Royal Lane,Suite 275, Irving TX 75063 .�� Kirnley>)) Horn Page 5 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 kimley-horn.com 2201 West Royal Lane, Suite 275, Irving TX 75063 .�� Kirnley>)) Horn • 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. kimley-horn.com 2201 West Royal Lane, Suite 275, Irving TX 75063 .�� Kirnley>)) Horn Page 7 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 kimley-horn.com 2201 West Royal Lane, Suite 275, Irving TX 75063 .�� Ki m ey>>)H o r n Page 8 ■ 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 kimley-horn.com 2201 West Royal Lane,Suite 275, Irving TX 75063 .�� Ki m ey>>)H o r n Page 9 ■ 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 kimley-horn.com 2201 West Royal Lane,Suite 275, Irving TX 75063 .�� Kim ey>Morn Page 10 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. kimley-horn.com 2201 West Royal Lane,Suite 275, Irving TX 75063 .�� Kirnley>)) Horn ag. 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 kimley-horn.com 2201 West Royal Lane, Suite 275, Irving TX 75063 .��