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Item 4L MemoItem 4L Page 1 of 3 M E M O R A N D U M (September 17, 2019) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Engineering Services Agreement (ESA) with Kimley-Horn and Associates, Inc. to provide design services for various mobility improvements along North Carroll Avenue and State Street in amount not to exceed $133,000. Action Requested: Approve an Engineering Services Agreement (ESA) with Kimley- Horn and Associates, Inc. to provide design services for various mobility improvements along North Carroll Avenue and State Street in amount not to exceed $133,000. Background Information: Addressing mobility concerns near Southlake Town Square will positively impact residents, commercial property owners and visitors to the City of Southlake. At the intersection of North Carroll Avenue and Southlake Boulevard, additional capacity is needed to handle the heavy southbound right turn volume. An ESA for the design of an additional right turn lane was executed in May 2015, and design has been completed. This addition will be grouped with adjacent proposed improvements in order to create efficiencies during the bidding process and construction. This ESA includes design of a hooded left in the median to prevent left turns from Main Street to southbound North Carroll Avenue. This maneuver currently causes delay for traffic wishing to proceed northbound from Town Square. Other access management strategies that are to be designed include: pavement treatment to discourage southbound U-turns near the Southlake Department of Public Safety (DPS) Headquarters facility; median treatment to restrict any through movements or left turns from the shopping center on the east side of North Carroll Avenue near Lake Wood Drive; extension of the northbound left turn lane onto State Highway 114 from North Carroll Avenue to alleviate congestion when exiting Lake Wood Drive; and modifications to the median and the traffic signal at State Highway 114 in order to increase storage for the existing left turn lane. Item 4L Page 2 of 3 Also included in the design package are improvements to the intersection of the eastbound frontage road for State Highway 114 and State Street, to include larger curb radii to facilitate ingress and egress for heavy trucks at Southlake Town Square, and re-align sidewalks to facilitate crossing and create a larger buffer between pedestrians and traffic turning onto State Street. This project will prepare the design plans for bidding and construction for mobility and safety improvements to North Carroll Avenue at various intersections and State Street at State Highway 114, develop a detailed, robust access management strategy for these locations and assist the City in collaborating with the Texas Department of Transportation (TxDOT) on proposed modifications that would affect State right-of-way. Financial Considerations: Funding for the various mobility improvements along North Carroll Avenue and State Street project is provided in the Roadway Impact Fee Fund from the FY 2017 thru 2019 Capital Improvement Projects budget. This agreement is within the project budget. Strategic Link: This item links to the City’s Strategy Map strategic focus areas of Safety & Security and Mobility. It specifically relates to the City’s Corporate Objectives, C1: Achieve the Highest Standards of Safety & Security, C2: Provide Travel Convenience Within City & Region, and B5: Enhance Service Delivery Through Continual Process Improvement. The Critical Business Outcomes are, CBO2: Enhance Mobility Through Aggressive Traffic Management Initiatives and Capital Project Implementation, and CBO5: Improve Quality of Life Through Progressive Implementation of Southlake’s Comprehensive Plan Recommendations. Citizen Input/ Board Review: None. Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The City Council may approve or deny the agreement. Item 4L Page 3 of 3 Staff Recommendation: Approve an Engineering Services Agreement (ESA) with Kimley- Horn and Associates, Inc. to provide design services for various mobility improvements along North Carroll Avenue and State Street in amount not to exceed $133,000. Supporting Documents: Attachment A: Engineering Services Agreement Attachment B: Exhibit Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Stephanie Taylor, P.E., PTOE, Transportation Manager Page 1 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this _____ day of ____________, 2019 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 for design services for the various improvements along North Carroll Avenue between Southlake Boulevard (FM 1709) and the SH 114 EBFR, as well as improvements at the State Street/SH 114 EBFR. This project is to be known as the Carroll and State Street Mobility Improvements 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 se rvices 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 a grees 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. Page 2 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 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 contra ct 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 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 person s 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 t hat 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. Page 3 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 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 o r 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 s ignifies 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, Sec tion 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. Page 4 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, includin g 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 bid s 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. Page 5 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 $63,000 for Basic Services and on an hourly basis plus expenses in an amount not to exceed $70,000 (as outlined in the attached proposal) with a total not to exceed cost ceiling of $133,000 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) 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; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Preparation of environmental impact assessments or stateme nts for any Page 6 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 ENGINE ER, 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 , 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 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. Page 7 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 b e 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 und er 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 connectio n, upon the signing and return of Page 8 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 completed by September 30, 2020. 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 ENGINEE R’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 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 Page 9 If to ENGINEER: Ryan Delmotte, P.E., CFM Project Manager Kimley-Horn and Associates, Inc. 2201 West Royal Lane, Suite 275 Irving, Texas 75063 Phone: (214) 420-5624 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: _________________________________ Laura Hill, Mayor ATTEST: By: _________________________________ City Secretary Page 10 ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC. By: _________________________________ Ryan Delmotte, P.E., Project Manager 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 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 August 19, 2019 Project Understanding Based on discussions with the CITY, the CITY has requested the ENGINEER to provide design and construction phase services for the various improvements along North Carrol l Avenue between Southlake Boulevard (FM 1709) and the SH 114 EBFR, as well as improvements at the State Street/SH 114 EBFR. This scope of services includes the design of the following: • North Carroll Avenue o Northbound left turn lane extension at SH 114 EBFR o Island adjacent to Lakewood Drive / Chuy ’s parking lot to preclude westbound lefts onto Carroll Avenue and westbound thru movements to Lakewood Drive. This improvement will also prelcude southbound lefts from Carroll Avenue in the Chuy ’s parking lot. o Median and pavement marking improvements to provide full access from a shopping center driveway o Pavement marking and/or treatment to deter U-turns at DPS Headquarters o Extension of median across Main Street intersection o Southbound right turn lane extension at Southlake Boulevard (prel iminarily designed under a separate contract) • State Street o Curb return and island improvements at SH 114 EBFR (preliminarily designed under a separate contract) Scope of Services Task 1A – Topographic and Boundary Survey – Carroll Avenue (Lump Sum) The ENGINEER (through a Subconsultant) will perform additional topographic survey for areas beyond the limits acquired during previous design projects . Additionally, previously performed survey will be field verified. The following items will be performed: • Limits will include the following: o A 135-foot wide swath along North Carroll Avenue, from 30 linear feet south of the north DPS parking lot entrance to 30 linear feet north of the SH 114 EBFR north curb line, approximately 1,200 linear feet (full topographic and boundary survey). o A 55-foot wide swath along North Carroll Avenue, from 30 linear feet north of Main Street to 40 linear feet north of Southlake Boulevard, approximately 530 linear feet (field verification). • Data Collection and Property Research o Gather existing plat information o Collect property owner information o Gather existing right -of-way and easement information based on availa ble plats and record drawings. Title research, if required by the CITY, can be provided as an Additional Service • Perform field survey ground control • Locate pertinent objects and above-ground features, typically including: o Roadway pavement o Drainage structures (i.e. culverts, ditches, inlets, manholes, and outfalls) o Utilities (signs or markers showing the presence of underground utilities, valves, manholes, flowlines, meters, backflow preventers, vents, poles, and guy wires) o Traffic signal equipment (poles, cabinets, ground boxes) Attachment A - Page 2 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 o Large (6 inch diameter and up), significant trees (identify species and caliper) o Limits of landscaped areas will be defined. Individual plants and or trees (less than 6 inch diameter) will not be located. o Fences (including material t ype) and gates o Sidewalks o Street lights o Signs o Right-of-Way monumentation • Process survey data to create plan view of existing features • Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as right -of-way information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. Digital files will be in .DWG format. The ENGINEER will conduct one site visit to field verify the topographic survey . Task 1B – Topographic and Boundary Survey – State Street (Lump Sum) The ENGINEER (through a Subconsultant) will field verify previously performed survey . The following items will be performed: • Limits will include the following: o A 50-foot wide swath along the SH 114 EBFR, from 115 linear feet west of State Street to 170 linear feet east of State Street , including a 40-foot wide swath along State Street from s outhern limit of adjacent boundary to 60 linear feet south (field verification). • Data Collection and Property Research o Gather existing plat information o Collect property owner information o Gather existing right -of-way and easement information based on availa ble plats and record drawings. Title research, if required by the CITY, can be provided as an Additional Service • Perform field survey ground control • Locate pertinent objects and above-ground features, typically including: o Roadway pavement o Drainage structures (i.e. culverts, ditches, inlets, manholes, and outfalls) o Utilities (signs or markers showing the presence of underground utilities, valves, manholes, flowlines, meters, backflow preventers, vents, poles, and guy wires) o Traffic signal equipment (poles, cabinets, ground boxes) o Large (6 inch diameter and up), significant trees (identify species and caliper) o Limits of landscaped areas will be defined. Individual plants and or trees (less than 6 inch diameter) will not be located. o Fences (including material t ype) and gates o Sidewalks o Street lights o Signs o Right-of-Way monumentation • Process survey data to create plan view of existing features • Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as right -of-way information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. Digital files will be in .DWG format. The ENGINEER will conduct one site visit to field verify the topographic survey . Attachment A - Page 3 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 Task 2A – Geotechnical Services – Carroll Avenue (Reimbursable/Hourly) (Allowance) • Work under this task shall only be performed at the discretion of the CITY. • The ENGINEER, through a subconsultant, can perform geotechnical services as follows: o Subsurface Exploration. ▪ Drill and ext rude the following: • Up to three (3) borings 4-feet deep using truck -mounted equipment. The purpose of the borings will be to identify existing pavement sections. o Boring locations will be staked/marked o Bore holes will be backfil led and plugged at the surface; o Existing Pavement Section Report ▪ Prepare a report presenting the following: • B oring location map • Summary of existing pavement section thicknesses and materials for each boring. ▪ The geotechnical engineer’s findings shall be relied upon by the ENGINEER for the proposed pavement section(s). o Submit one (1) copy of the findings to the CITY Task 3A – Subsurface Utility Engineering (SUE) – Carroll Avenue (Reimbursable/Hourly) (Allowance) • Work under this task shall only be performed at the discretion of the CITY. • The ENGINEER, through a subconsultant, can perform SUE Quality Level “B” at locations using geophysical prospecting equipment to identify CITY and franchised utilities at critical locations . Level “B” SUE for the entire project limits is not covered under this task. • The ENGINEER, through a subconsultant, can perform SUE Quality Level “A” potholes at the below rate. o 0’-4’ Deep (Native Soil) - $1,100 each o 0’-4’ Deep (Paved Area) - $1,300 each o 4’-8’ Deep (Native Soil) - $1,400 each o 4’-8’ Deep (Paved Area) - $1,600 each o 8’-12’ Deep (Native Soil) - $1,700 Each o 8’-12’ Deep (Paved Area) - $2,000 Each o 12’-18’ Deep (Native Soil) - $2,600 Each o 12’-18’ Deep (Paved Area) - $2,800 Each • The ENGINEER will evaluate the SUE results and provide a summary of potential utility conflicts to the CITY. Task 4A – Preliminary Design Construction Plans – Carroll Avenue (Lump Sum) • Project Management and Administration o Develop project production plan and schedule o Prepare for and attend up to two (2) meetings o Project site visits o Data collection o Coordination with CITY o Coordination with subconsultants o Prepare meeting agendas and summaries o Project correspondence and invoicing o Quality control and internal plan reviews Attachment A - Page 4 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 • The ENGINEER will prepare preliminary construction plans for the improvements . The preliminary construction plans may include the following sheets: o Title Sheet o Index o General Notes o Project Control o Typical Paving Sections o Paving (plan only) o Existing Drainage Area Maps o Proposed Drainage Area Maps o Signal Modification for a near side signal head at the intersection of North Carroll Avenue and the SH 114 EBFR. If additional modifications are required, they can be performed as an Additional Service. o Erosion Control Plan for each specific construction phase. E rosion control plans will be for plan review, approval, and contractor use in preparing the SWP3. The plan will conform to the City and Texas Commission on Environmental Quality (TCEQ) General Permit TXR150000 provisions. The elements of the Erosion Control Plan provided under this basic service shall include location and sizing of erosion control facilities, construction entrances, vegetative filters, inlet protection, sedimentation pond facilities, and the Best Management Practices (BMP’s) for the purposes of erosion control for each phase of construction indicated above along with appropriate construction details. Basic services do not include a complete SWP3 Notebook. The General Contractor, Owner or other applicable Operators shall coordinate preparation of all elements comprising a complete SWP3 plan including but not limited to the project notebook, delegation letters, records keeping, inspections and reporting. The General Contractor or authorized site cont ractors/consultants shall install the storm water pollution control facilities, maintain the facilities, provide all construction phase documentation, inspection and pollution system management. The BMP’s indicate on the erosion control plans shall be cons idered the minimum control to be provided for this project. Contractor shall be responsible for inspecting and modifying or replacing BMP’s that are proving to be ineffective for site conditions. o Cross Sections at 50-ft intervals (if required for TxDOT permits ) o Pavement Markings and Signing o Traffic Control Narrative and typical sections for City-maintained roadways o Traffic Control plans for TxDOT-maintained roadways (required for TxDOT permitting) o Inclusion of previously design State Street improvements previously designed Carroll Avenue and State Street improvements • The ENGINEER will submit up to four (4) copies of the preliminary plan sheets (two (2) full size (22” x 34”), two (2) half scale (11” x 17”)) and a .PDF to the CITY. • The ENGINEER will addres s comments from the CITY on the preliminary plan sheets , which will be reflected in the Final Design submittal . The ENGINEER will meet with the CITY to discuss the review comments. An ENGINEER’s Opinion of Probable Construction Cost (EOPCC) will be prepared and provided to the CITY. Task 5A – Final Design Construction Plans – Carroll Avenue (Lump Sum) • Project Management and Administration o Prepare for and attend up to two (2) meetings o Project site visits o Coordination with CITY o Coordination with subconsultants o Prepare meeting agendas and summaries o Project correspondence and invoicing Attachment A - Page 5 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 o Quality control and internal plan reviews • The ENGINEER will update the plans based on comments received on the Preliminary Design. • The ENGINEER will submit up to four (4) copies of the final plan sheets (two (2) full size (22” x 34”), two (2) half scale (11” x 17”)) and a .PDF to the CITY. • The ENGINEER will address comments from the CITY on the final plan sheets. The ENGINEER will meet with the CITY to discuss the review comments. An ENGINE ER’s Opinion of Probable Construction Cost (EOPCC) will be prepared and provided to the CITY. Task 5B – Final Design Construction Plans – State Street (Lump Sum) • Project Management and Administration o Prepare for and attend up to two (2) meetings o Project site visits o Coordination with CITY o Coordination with subconsultants o Prepare meeting agendas and summaries o Project correspondence and invoicing o Quality control and internal plan reviews • The ENGINEER will update the plans based on comments received on the Preliminary Design. • The ENGINEER will submit plans as part of Task 5A • The ENGINEER will address comments from the CITY on the final plan sheets. The ENGINEER will meet with the CITY to discuss the review comments. An ENGINE ER’s Opinion of Probable Construction Cost (EOPCC) will be prepared and provided to the CITY. Task 6A – TxDOT Permitting – Carroll Avenue (Reimbursable/Hourly) This task includes up to 20 hours and includes the preparation and submittal of two TxDOT permit packages as follows: • Package One: North Carroll Avenue and State Street improvements at SH 114 EBFR o State Street portion of permit will be assembled as part of Task 6B. • Package Two: North Carroll Avenue improvements at FM 1 709 (Southlake Boulevard) Submit plan sheets to TxDOT as part of a permit package and respond to TxDOT comments for each package. Task 6B – TxDOT Permitting – State Street (Reimbursable/Hourly) This task includes up to 10 hours and includes the following: • Include State Street portion of permit as part of Task 6A Task 7A – Franchise Utility Coordination – Carroll Avenue (Reimbursable/Hourly) This task includes up to 30 hours and includes the following: • Assist the CITY in the franchise utility coordination efforts during the survey, design, and bidding phases • CITY to provide a list of franchise utility contacts • Request utility maps and records from franchisees located within the project limits • Prepare and maintain a listing of potential franchise utility conflicts • Prepare for and attend up to three (3) franchise utility coordination meetings Attachment A - Page 6 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 • Monitor and update the utility companies of CITY ’s project schedule during design • Monitor each utility company’s relocation efforts and schedule during construction Task 8A – Bidding Phase Services – Carroll Avenue (Reimbursable/Hourly) 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 prepare the documents via an electronic bidding site such as CivCast. Hosting fees are included in the contract price. • 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 lowest qualified bidder and prepare the contract documents for execution (including printing up to six (6) plan sets) Task 8B – Bidding Phase Services – State Street (Reimbursable/Hourly) This task includes up to 20 hours and may include the following as requested by the CITY: • Items outlined in Task 8A • It is assumed State Street and Carroll Avenue improvements will be bid as a single project Task 9A – Construction Phase Services – Carroll Avenue (Reimbursable/Hourly) This task includes up to 40 hours and may include the following as requested by the CITY: • Attend the pre-construction meeting • 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 exerci se 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 o f 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 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 t he 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 Attachment A - Page 7 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 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, method s, 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 certificat es 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 docu mentation, 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 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 t he 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 Attachment A - Page 8 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 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 Contra ct 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 Contra ct 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. Task 9B – Construction Phase Services – State Street (Reimbursable/Hourly) This task includes up to 20 hours and may include the following as requested by the CITY: • Items outlined in Task 9A • It is assumed State Street and Carroll Avenue improvements will be constructed as a single project Task 10A – Record Drawings – Carroll Avenue (Reimbursable/Hourly) This task includes up to 10 hours and includes the following: • The CITY will furnish to the ENGINEER a “marked-up” field set of plans that identifies any modifications to the “As-Bid” contract documents. The ENGINEER will be entitled to rely upon the “marked-up” field set for the purpose of preparing the record drawings. • Record drawings submittal will include the following: o One blackline (22” x 34”) copy of all sheets of the approved civil drawings with all details, cover sheet, etc. o The record drawings shall be sealed in accordance with current Texas Board of Professional Engineers’ requirements o All changes shall be shown and noted in the revision block • ENGINEER shall submit to the CITY a draft set of completed record drawings for CITY review and approval. Upon CITY approval, the ENGINEER will submit the following: o One blackline (22” x 34”) set of the plans, including all sheets of the approved civil drawings with cover sheet, details, etc. o Record drawing digital files on a flash drive including the following: ▪ AutoCAD (.dwg file format) ▪ Adobe Portable Document Format (PDF file format) Attachment A - Page 9 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 Task 10B – Record Drawings – State Street (Reimbursable/Hourly) This task includes up to 10 hours and may include the following as requested by the CITY: • Items outlined in Task 10A • It is assumed State Street and Carroll Avenue improvements will be contained in one plan set Task 11A – Carroll Avenue Median Extension (Reimbursable/Hourly) This task includes up to 20 hours and may include the following as requested by the CITY: • Extension of Carroll Avenue median south to Lakewood Drive • Improvements related to this task , if utilized, will be incorporated into the plan set for the project. Information to Be Provided By the CITY The CITY shall provide the following to the ENGINEER: ▪ Record drawings 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 S ervices include, but are not limited to, the following: • Storm drain hydraulic design. • Utility design. • Public Meetings. • Landscape and irrigation design. • Services related to survey for easement or property acquisition and preparation of associated documents. • Services related to historical artifacts and any review or coordination required for the Texas Historical Commission. • Services related to regulatory permitting outside of that defined herein. • Identifying or correcting any deficiencies found in any data provided by others. ENGINEER will be entitled to rely upon any information provided by the CITY. • Stormwater Pollution Prevention Plan. • Any services not specifically defined above. Schedule The ENGINEER will provide its services as expeditiously as practical to meet a mutually agreed upon schedule. Attachment A - Page 10 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 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: Carroll Avenue Task 1A – Topographic and Boundary Survey $18,000 Task 4A – Preliminary Design Construction Plans $25,000 Task 5A – Final Design Construction Plans $10,000 Carroll Avenue Subtotal: $53,000 State Street Task 1B – Topographic and Boundary Survey $5,000 Task 5B – Final Design Construction Plans $5,000 State Street Subtotal: $10,000 Total Lump Sum: $63,000 Reimbursable/Hourly: Task Fee: Carroll Avenue Task 2A – Geotechnical Services (Allowance) $5,000 Task 3A – Subsurface Utility Engineering (SUE) (Allowance)$10,000 Task 6A – TxDOT Permitting $5,000 Task 7A – Franchise Utility Coordination $7,500 Task 8A – Bidding Phase Services $10,000 Task 9A – Construction Phase Services $10,000 Task 10A – Record Drawings $2,500 Task 11A – Carroll Avenue Median Extension $5,000 Carroll Avenue Subtotal: $55,000 State Street Task 6B – TxDOT Permitting $2,500 Task 8B – Bidding Phase Services $5,000 Task 9B – Construction Phase Services $5,000 Task 10B – Record Drawings $2,500 State Street Subtotal: $15,000 Total Reimbursable/Hourly: $70,000 Total Fee: $133,000 The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum fee of $63,000. 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 $70,000 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 Attachment A - Page 11 kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600 (6%) will be added to each invoice and 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. 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