Item 4F Item 4F
M E M O R A N D U M
(March 7, 2017)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve Engineering Services Agreement with Kimley-Horn
and Associates, Inc. for design of traffic signals and
intersection improvements for State Highway 114 Frontage
Roads at Kirkwood/Solana Boulevard in an amount not to
exceed $85,000.
Action
Requested: Approve Engineering Services Agreement with Kimley -Horn and
Associates, Inc. for design of traffic signals and intersection
improvements for State Highway 114 Frontage Roads at Kirkwood
/Solana Boulevard in an amount not to exceed $85,000 .
Background
Information: A signal warrant study was completed in relation to the TD
Ameritrade development for four intersections. The signal warrant
study identified the eastbound and westbound State Highway 114
frontage roads at Kirkwood Boulevard/Solana Boulevard as
needing to be upgraded from stop controlled to traffic signal
controlled. The signal warrant study and traffic impact analysis also
identified geometric improvements for these intersections. This
scope of services will detail the design of the following:
Permanent traffic signals for the intersections:
SH 114 EB Frontage Rd. and Solana Blvd.
SH 114 WB Frontage Rd. and Kirkwood Blvd.
One traffic controller to control both intersections
Decorative traffic signal posts based on City of Southlake
and City of Westlake preferences
Roadway improvements for the intersections:
Sidewalk
Southbound Kirkwood Blvd. turn lane extension
Northbound Solana Blvd. turn lane extension/lane shift
transition
Widening northbound thru lane pavement between the
project intersections to align with the proposed south leg
lane configuration at the intersection of Solana Blvd . and
SH 114 EB Frontage Rd.
Page 2 of 2
Concrete panel removal and replacement for roadway
crown adjustments at both intersections
Relocation of existing light poles in the median on the
Kirkwood Blvd. side of the intersections
Striping and signing improvements
Financial
Considerations: Design services and construction expenses for this project are
included in the FY2017 CIP and CEDC budgets.
The City’s Consultant is also developing a Memorandum of
Understanding (MOU) that would incorporate Westlake into the
partnership on construction costs. Staff is also discussing the
possibility of private sector participation, including TD Ameritrade
Strategic Link: The Kirkwood Boulevard Traffic Signal project links to the City’s
strategy map relative to the focus areas of Mobility and
Infrastructure. The specific corporate objectives met by this project
are to (C2) Provide travel convenience within the City & region and
(F2) Invest to provide and maintain high quality public assets. The
critical business outcome is to (CBO2) Enhance mobility through
aggressive traffic management initiatives and capital project
implementation.
Citizen Input/
Board Review: N/A
Legal Review: This is a standard Engineering Services Agreement that has been
previously reviewed by the City Attorney.
Alternatives: The Council may approve the Engineering Services Agreement or
deny it.
Supporting
Documents: Location Map
Engineering Services Agreement
Staff
Recommendation: Approve Engineering Services Agreement with Kimley -Horn and
Associates, Inc. for design of traffic signals and intersection
improvements for State Highway 114 Frontage Roads at Kirkwood
/Solana Boulevard in an amount not to exceed $85,000 .
Staff Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Steven D. Anderson, P.E., CFM, Deputy City Engineer
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Page 1
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this _____ day of ____________, 2017 by and
between the City of Southlake , Texas (hereinafter referred to as “CITY”), and Kimley-
Horn and Associates, Inc. (hereinafter referred to as “ENGINEER”).
WHEREAS, CITY contemplates the need to design two traffic signals and
associated intersection improvements along Kirkwood /Solana Boulevard at its
intersections with SH114 eastbound and westbound frontage roads. This project is to
be known as the Traffic Signal and Intersection Improvements for State Highway 114
Frontage Roads at Kirkwood/Solana Boulevard project 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 d ecrease in
ENGINEER’s cost of, or the time required for, the performance of any part of the
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Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
D. Coordination w ith 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 s hall 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 th is Agreement without the prior written 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 o f
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
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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 Servi ces 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 a waiver or 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. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO
THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904
AND SHALL BE CONSTRUED TO THAT EFFECT.
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 (except the
indemnitees identified or described in Article I, Section J., above), 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.
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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, zoni ng 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.
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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 a lump sum basis in the amount of $62,000 for Basic Services and on an hourly
basis plus expenses in an amount not to exceed $23,500 (as outlined in the attached
proposal) with a total not to exceed cost ceiling of $85,500 as billed monthly by
ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for any services and expenses incurred
in accordance with the work performed subject to the limits set out in Article III.
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 and expenses (see Attachment A – Page 11) for
actual time expended and actual out-of-pocket sums 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;
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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 and in
accordance with any applicable governmental laws, regulations and ordinances.
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 a t any time for convenience, with or
without cause by giving written notice to the ENGINEER. Such termination may be
made effective on such future date as agreed by the parties, but absent such
agreement shall be immediate. 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 p romptly 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.
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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
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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
CITY and ENGINEER agree that the Project is planned to be as expeditiously as
practical to meet a mutually agreed upon schedule. 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.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requeste d, 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: Tom Grant, P.E.
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Project Manager
Kimley-Horn and Associates, Inc.
2201 West Royal Lane, Suite 275
Irving, TX 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 excl usively 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 menti oned.
CITY OF SOUTHLAKE:
By: _________________________________
Laura Hill, Mayor
ATTEST:
By: _________________________________
City Secretary
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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 a nd 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
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
January 30, 2017
Robert Cohen
City of Southlake Public Works Director
1400 Main Street, Suite 320
Southlake, Texas 76092
Re:Traffic Signals and Intersection Improvements for SH 114 Frontage Roads at
Kirkwood Boulevard/Solana Boulevard; Southlake, Texas
Dear Mr. Cohen,
Kimley-Horn and Associates, Inc. (the “ENGINEER”) is pleased to submit this proposal (the
“Agreement”) to the City of Southlake (the “CITY”) for providing professional engineering services
associated with the design of two traffic signals and associated intersection improvements along
Kirkwood Blvd/Solana Blvd at its intersection with the westbound (WB) and eastbound (EB) SH 114
Frontage Roads. Our Scope of Services, Schedule, Fee and Billing are set forth below.
Project Understanding
We understand that the TD Ameritrade Corporate Office Facility is under construction between SH 114
and Kirkwood Blvd in Southlake, Texas. A signal warrant study was completed in relation to the
proposed development for four intersections. The signal warrant study identified the intersections of
Kirkwood Blvd/Solana Blvd at WB and EB SH 114 Frontage Roads as needing to be upgraded from
stop controlled to traffic signal controlled. The signal warrant and traffic impact analysis also identified
geometric improvements for these intersections. Kimley-Horn prepared a memorandum for the City of
Southlake, dated 1/23/17, which identified recommended interchange improvements prior to the SH
114 frontage road construction.
This scope assumes TxDOT will accept the proposed improvements prior to the SH 114 Frontage Road
traffic analysis being complete and that TxDOT will be the primary agency for permitting, with secondary
approvals from City of Southlake and City of Westlake also assumed. Topographic and subsurface
utility survey required for this design are being provided by a separate agreement.
The attached Exhibit A demonstrates the proposed intersection improvements that are included in this
scope of work, as well as the SH 114 frontage road project improvements.
This scope of services includes the design of the following:
· Permanent traffic signals for the intersections:
o SH 114 EB Frontage Rd and Solana Blvd
o SH 114 WB Frontage Rd and Kirkwood Blvd
o One traffic signal controller to control both intersections
o Decorative traffic signal posts based on City of Southlake and City of Westlake
preferences
· Roadway improvements for the intersections of Kirkwood Blvd/Solana Blvd at WB and EB
SH 114 Frontage roads curb ramps
o Sidewalk
Attachment A - Page 2
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
o Southbound Kirkwood Blvd turn lane extension
o Northbound Solana Blvd turn lane extension / lane shift transition
o Widening northbound thru lane pavement between the project intersections to align
with the proposed south leg lane configuration at the intersection of Solana Blvd and
SH 114 EB Frontage Rd
o Concrete panel removal and replacement for roadway crown adjustments at both
intersections
o Relocation of existing light poles in the median on the Kirkwood Blvd side of the
intersections
Scope of Services
Task 1 – Basic Services – Construction Plans
1.1 Traffic Signal Design $33,000
(Lump Sum)
· The ENGINEER will prepare the traffic signal plans for the project intersections of Solana Blvd
and SH 114 EB Frontage Rd and Kirkwood Blvd and SH 114 WB Frontage Rd. The basic
design parameters will be based on discussions with the CITY and TxDOT. The ENGINEER
will produce, provide internal quality control/quality assurance for, and submit preliminary plans
and standards. Existing utility information will be addressed on the plans and in the general
notes. The plans will require that the Contractor call the utility-locate phone number to have
the utilities field-located prior to construction to confirm the surveyed locations.
· Anticipated design sheets for the traffic signals:
o Proposed traffic signal layouts
o Proposed traffic signal tables and charts
o Striping layouts
o Signing layouts
o Applicable City and TxDOT standards and details
· Design assumptions for the traffic signals include:
o Existing geometry:
§ Typical frontage road to cross street interchange with Solana Blvd/Kirkwood
Blvd underneath SH 114 main lanes
o New striping and signage for proposed stop bars, crosswalk striping, and traffic signal
equipment
o One traffic signal controller will control both intersections
o TxDOT standard steel pole/mast arm assemblies
o Internally Illuminated street signs (ILSNS)
o Opticom system
o Radar vehicle detection
o Pedestrian Countdown heads (excluding audible pedestrian pushbuttons)
§ Pedestrian crossings will be marked across the south, west, and north sides
of the interchange
§ Pedestrian crossing will not be provided along the east side of the interchange
due to the future U-turn lane not providing adequate room for a sidewalk
Attachment A - Page 3
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
underneath the SH 114 main lanes
o Record drawings provided by the CITY for existing City utility information
· The ENGINEER will send the traffic signal plans to be reviewed by an external consultant prior
to the 30% and 90% submittals to TxDOT.
1.2 Paving Design $26,000
(Lump Sum)
· The ENGINEER will prepare paving plans for the project intersections of Solana Blvd and
SH 114 EB Frontage Rd and Kirkwood Blvd and SH 114 WB Frontage Rd. The basic design
parameters will be based on discussions with the CITY and TxDOT. The ENGINEER will
produce, provide internal quality control/quality assurance for, and submit preliminary plans
and details. Existing utility information will be addressed on the plans and in the general notes.
The plans will require that the Contractor call the utility-locate phone number to have the utilities
field-located prior to construction to confirm the surveyed locations.
· Anticipated paving design sheets:
o Existing conditions and removals
o Paving plan sheets (11”x17” at a scale of 1”=40’)
o Roadway details to clarify intent of design
o Traffic control layouts for proposed improvements following TxDOT standards
o Street light pole relocation layout
o Applicable City and TxDOT standards and details
· Design assumptions for paving improvements include:
o Curb ramps
o Sidewalk
o Southbound Kirkland Blvd turn lane extension
o Northbound Solana Blvd turn lane extension
o Widening northbound thru lane pavement between the project intersections to align
with the proposed south leg lane configuration at the intersection of Solana Blvd and
SH 114 EB Frontage Rd
o Concrete panel removal and replacement for roadway crown adjustments at both
intersections
o Pavement section will match existing conditions (based on record drawings)
o Street light relocations in the modified medians
o Tree removals in the modified medians
o Any retaining wall design will be provided as Additional Services
o The ENGINEER assumes no adjustments to drainage systems as part of these
proposed improvements. Any revisions to existing drainage patterns shall be
considered Additional Services
Attachment A - Page 4
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
1.3 Submittals Fee included as part
of tasks 1.1-1.2
· The ENGINEER will submit 30% plans (11”x17”) to the City of Southlake, City of Westlake, and
TxDOT. Plans may include the including:
o Proposed traffic signal pole, traffic signal cabinet, and power service locations
o Proposed horizontal paving layout (curb ramps, sidewalk and roadway paving)
· The ENGINEER will incorporate 30% comments from the City of Westlake and TxDOT and will
submit 90% plans (11”x17”) to the City Southlake, City of Westlake, and TxDOT. The 90%
plan set is anticipated to contain the following:
o Title sheet
o Index sheet
o General notes
o Item summaries sheet
o Existing conditions and removals
o Proposed traffic signal layouts
o Proposed traffic signal tables and charts
o Proposed paving plans
§ Sidewalk
§ Curb ramps
§ Southbound Kirkwood Blvd turn lane extension
§ Northbound Solana Blvd turn lane extension
§ Widening northbound thru lane pavement between the project intersections to
align with the proposed south leg lane configuration of the intersection of
Solana Blvd and SH 114 EB Frontage Rd.
o Paving details
o Pavement marking layout
o Signing layout
o Applicable City and TxDOT Standard Details
o Engineer’s opinion of probable construction cost
· The ENGINEER will incorporate City of Westlake and TxDOT comments and produce the final
plans, specifications, and engineer’s opinion of probable construction cost. The ENGINEER
will prepare a Project Manual if the project is publicly bid (to be prepared under Task 3). The
ENGINEER will create basic signal timing parameters and a timing plan for the traffic signal for
up to three time periods. The contractor shall be responsible for implementing the traffic signal
timing plan during construction. Additional timing plans and field modifications are included
under Task 4.
· The ENGINEER assumes that the project will be officially reviewed and approved by TxDOT.
· The ENGINEER assumes that the project will be let by the City of Southlake, not by TxDOT.
Any deviation in this letting plan may require Additional Services.
Task 2 – Project Meetings Not-To-Exceed $10,000
(Hourly/Reimbursable)
This task includes up to 50 hours and may include the following as requested by the CITY:
· This task includes meetings with the City of Southlake, City of Westlake, power service provider
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and/or TxDOT. The meetings shall cover a list of topics including but not limited to:
o Determining where power will be pulled from for the proposed traffic signal
o Determining how to relocate the existing street light poles in the modified medians
o Any ROW coordination needs
o Preliminary traffic signal pole and cabinet locations
o Preliminary plans review and discussion
o Final plans review and discussion
Task 3 – Special Services – Bidding Phase Services Not-To-Exceed $8,000
(Hourly/Reimbursable)
This task includes up to 40 hours and may include the following as requested by the CITY:
· The ENGINEER will prepare a Project Manual for public bidding
· The ENGINEER will print sets for bidder distribution. A non-refundable deposit will be collected
from plan holders to pay for printing costs
· The ENGINEER will issue bid documents to prospective bidders and maintain a list of bidders
to whom bidding documents have been issued
· Issue addenda as appropriate to interpret, clarify, or expand the bidding document
· Attend the Bid Opening
· Tabulate the bids received and evaluate the compliance of the bids received with the bidding
document
· Prepare a written summary of this tabulation and evaluation together with a letter addressing
the award of the construction contract
· The ENGINEER will coordinate with the low bidder and prepare the contract documents for
execution (including printing up to six (6) plan sets)
· Attend the Pre-Construction meeting
Task 4 – Special Services – Construction Phase Services Not-To-Exceed $8,000
(Hourly/Reimbursable)
This task includes up to 40 hours and may include the following as requested by the CITY:
·Traffic Signal Phasing. ENGINEER will coordinate with the City of Southlake, TxDOT, and
the contractor to provide initial traffic signal controller settings to be programmed by the
contractor or TxDOT. If coordinated timings or time-of-day plans are requested, they will be
performed as Additional Services.
·Visits to Site and Observation of Construction. ENGINEER will provide on-site construction
observation services during the construction phase. ENGINEER will make visits at intervals
as directed by CITY in order to observe the progress of the Work. Such visits and observations
by ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor's
work in progress. Observations are to be limited to spot checking, selective measurement, and
similar methods of general observation of the Work based on ENGINEER’s exercise of
professional judgment. Based on information obtained during such visits and such
observations, ENGINEER will evaluate whether Contractor's work is generally proceeding in
accordance with the Contract Documents, and ENGINEER will keep CITY informed of the
general progress of the Work. The purpose of ENGINEER’s site visits will be to enable
ENGINEER to better carry out the duties and responsibilities specifically assigned in this
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Agreement to ENGINEER, and to provide CITY a greater degree of confidence that the
completed Work will conform in general to the Contract Documents. ENGINEER shall not,
during such visits or as a result of such observations of Contractor's work in progress,
supervise, direct, or have control over Contractor's work, nor shall the ENGINEER have
authority over or responsibility for the means, methods, techniques, equipment choice and
usage, sequences, schedules, or procedures of construction selected by Contractor, for safety
precautions and programs incident to Contractor's work, nor for any failure of Contractor to
comply with laws and regulations applicable to Contractor's furnishing and performing the
Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to furnish and perform its work in accordance
with the Contract Documents.
·Recommendations with Respect to Defective Work. ENGINEER will recommend to CITY
that Contractor's work be disapproved and rejected while it is in progress if, on the basis of
such observations, ENGINEER believes that such work will not produce a completed Project
that conforms generally to Contract Documents.
·Clarifications and Interpretations. ENGINEER will respond to reasonable and appropriate
Contractor requests for information and issue necessary clarifications and interpretations of the
Contract Documents to CITY as appropriate to the orderly completion of Contractor's work.
Any orders authorizing variations from the Contract Documents will be made by CITY.
·Change Orders. ENGINEER may recommend Change Orders to CITY, and will review and
make recommendations related to Change Orders submitted or proposed by the Contractor.
·Shop Drawings and Samples. ENGINEER will review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which Contractor is required
to submit, but only for conformance with the information given in the Contract Documents.
Such review and approvals or other action will not extend to means, methods, techniques,
equipment choice and usage, sequences, schedules, or procedures of construction or to
related safety precautions and programs.
·Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-
equal" materials and equipment proposed by Contractor in accordance with the Contract
Documents, but subject to the provisions of applicable standards of state or local government
entities.
·Inspections and Tests. ENGINEER may require special inspections or tests of Contractor's
work as ENGINEER deems appropriate, and may receive and review certificates of inspections
within ENGINEER’s area of responsibility or of tests and approvals required by laws and
regulations or the Contract Documents. ENGINEER’s review of such certificates will be for the
purpose of determining that the results certified indicate compliance with the Contract
Documents and will not constitute an independent evaluation that the content or procedures of
such inspections, tests, or approvals comply with the requirements of the Contract Documents.
ENGINEER shall be entitled to rely on the results of such tests and the facts being certified.
·Disagreements between CITY and Contractor.ENGINEER will, if requested by CITY,
render written decision on all claims of CITY and Contractor relating to the acceptability of
Contractor's work or the interpretation of the requirements of the Contract Documents
pertaining to the progress of Contractor's work. In rendering such decisions, ENGINEER shall
be fair and not show partiality to CITY or Contractor and shall not be liable in connection with
any decision rendered in good faith in such capacity.
·Applications for Payment. Based on its observations and on review of applications for
payment and accompanying supporting documentation, ENGINEER will determine the
amounts that ENGINEER recommends Contractor be paid. Such recommendations of
payment will be in writing and will constitute ENGINEER’s representation to CITY, based on
such observations and review, that, to the best of ENGINEER’s knowledge, information and
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belief, Contractor’s work has progressed to the point indicated and that such work-in-progress
is generally in accordance with the Contract Documents subject to any qualifications stated in
the recommendation. In the case of unit price work, ENGINEER’s recommendations of
payment will include determinations of quantities and classifications of Contractor's work,
based on observations and measurements of quantities provided with pay requests. By
recommending any payment, ENGINEER shall not thereby be deemed to have represented
that its observations to check Contractor's work have been exhaustive, extended to every
aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond
the responsibilities specifically assigned to ENGINEER in this Agreement. It will also not
impose responsibility on ENGINEER to make any examination to ascertain how or for what
purposes Contractor has used the moneys paid on account of the Contract Price, nor to
determine that title to any portion of the work in progress, materials, or equipment has passed
to CITY free and clear of any liens, claims, security interests, or encumbrances, nor that there
may not be other matters at issue between CITY and Contractor that might affect the amount
that should be paid.
·Substantial Completion. ENGINEER will, promptly after notice from Contractor that it
considers the entire Work ready for its intended use, in company with CITY and Contractor,
conduct a site visit to determine if the Work is substantially complete. Work will be considered
substantially complete following satisfactory completion of all items with the exception of those
identified on a final punch list. If after considering any objections of CITY, ENGINEER
considers the Work substantially complete, ENGINEER will notify CITY and Contractor.
·Final Notice of Acceptability of the Work. ENGINEER will conduct a final site visit to
determine if the completed Work of Contractor is generally in accordance with the Contract
Documents and the final punch list so that ENGINEER may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final payment, ENGINEER
shall also provide a notice that the Work is generally in accordance with the Contract
Documents to the best of ENGINEER’s knowledge, information, and belief based on the extent
of its services and based upon information provided to ENGINEER upon which it is entitled to
rely.
·Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions
of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity
performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to
stop the work or direct Contractor.
Information to Be Provided By the CITY
At the outset of the project, the CITY shall provide the following to the ENGINEER:
§Record drawings for existing utility information (if applicable)
§Record drawings for the project intersections and utility information including the decorative
wall surrounding the intersections
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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.
Additional Services include, but are not limited to, the following:
·Traffic signal timings for coordinated network or time-of-day plans;
·Platting;
·Topographic survey;
·Construction staking;
·Geotechnical services;
·Development of Right of Way / Easement Instruments;
·Tree survey;
·Tree mitigation;
·Environmental analysis, evaluation, or permitting;
·SPIN Meetings and/or development of presentations for SPIN Meetings;
·Drainage analysis and design;
·Utility analysis and design;
·Retaining wall design;
·Temporary traffic signal design;
·Decorative wall design;
·Landscape and irrigation design; and
·Franchise utility coordination (other than street light relocates); and
·Any additional design or redesign required due to requests from any of the reviewing parties
that directly conflict with design that has been previously submitted and approved.
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Schedule
The ENGINEER will provide its services as expeditiously as practical to meet a mutually agreed upon
schedule.
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:
Lump Sum: Task Fee:
Task 1.1 Traffic Signal Design $33,000
Task 1.2 Paving Design $26,000
Total Lump Sum: $59,000
Reimbursable/Hourly: Task Fee:
Task 2 Project Meetings $10,000
Task 3 Special Services – Bidding Phase Services $8,000
Task 4 Special Services – Construction Phase Services $8,000
Total Reimbursable/Hourly: $26,000
Total Fee: $85,000
The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum
fee of $59,000. 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 $26,000 for these tasks (not-to-exceed).
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 based on then hourly rates. A percentage of labor fee
(6%) will be added to each invoice, and 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.
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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 both copies of this Agreement in the spaces provided below, retain one
copy, and return the other to us. Fees and times stated in this Agreement 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.
Tom Grant, P.E., PTOE
Project Manager