Item 4B MemoItem 4B
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M E M O R A N D U M
(November 5, 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 engineering
design services for right turn lane and traffic signal
improvements on Southlake Boulevard (FM 1709) in an amount
not to exceed $177,500.
Action
Requested: Approve an Engineering Services Agreement (ESA) with Kimley-
Horn and Associates, Inc. to provide engineering design services
for right turn lane and traffic signal improvements on Southlake
Boulevard (FM 1709) in an amount not to exceed $177,500.
Background
Information: This project was identified in the Southlake 2030 Mobility Master
Plan as an initiative to improve mobility efficiency along one of the
most heavily traveled roadways in the City. In its current
configuration, traffic flow on Southlake Boulevard (FM 1709) is
disrupted by motorists decelerating to make right turns onto
Southridge Lakes Parkway and Byron Nelson Parkway. Increased
traffic along Southlake Boulevard (FM 1709) and the installation of
medians have warranted the construction of a westbound
deceleration right turn lane at Southridge Lakes Parkway and an
eastbound deceleration right turn lane at Byron Nelson Parkway.
The additional paving will require relocation of existing traffic signal
facilities at both intersections and likely upgrades to pedestrian
facilities as well. These improvements are classified as a Tier 2
recommendation in the 2030 Mobility Master Plan.
The scope of this agreement includes design surveys, preliminary
and final design plans, and bidding and construction phase
services.
Financial
Considerations: Funding for these right turn lanes on Southlake Boulevard (FM
1709) is provided in the General Fund of the FY 2016 and FY 2020
budgets as part of the Capital Improvement Progra m. This
agreement is within the project budget.
Item 4B
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Strategic Link: This item links to the City’s Strategy Map strategic focus area of
Safety & Security and Mobility. It specifically relates to the City’s
Corporate Objectives, C1: Achieve the Highest Standards of Safety
& Security, and 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.
Staff
Recommendation: Approve an Engineering Services Agreement (ESA) with Kimley-
Horn and Associates, Inc. to provide engineering design services
for right turn lane and traffic signal improvements on Southlake
Boulevard (FM 1709) in an amount not to exceed $177,500.
Supporting
Documents: Attachment A: Engineering Services Agreement
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Brent Anderson, P.E., Civil Engineer
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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 to design a right turn lane and traffic
signal improvements at the intersections of Southlake B oulevard (FM 1709) at Byron
Nelson Parkway (eastbound right turn lane) and Southlake Boulevard (FM 1709) at
Southridge Lakes Parkway (westbound right turn lane). This project is to be known as
the FM 1709 Deceleration Right Turn Lanes at Byron Nelson and Southridge Lakes
Parkway 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 decrease 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 shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER’s employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior 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, ag ents, 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 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 de sign 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 WIL L,
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 SECTIO N 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, 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.
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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 Attachment A, the ENGINEER
shall be paid on a lump sum basis in the amount of $96,500 for Basic Service and on
an hourly basis plus expenses in an amount not to exceed $81,000 (as outlined in the
attached proposal) with a total not to exceed cost ceiling of $177,500 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) 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;
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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 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 t ogether 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 acceptab le to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY’s consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor’s
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY’s acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
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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 as
expeditiously as possible. 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 an d 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 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
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If to ENGINEER: Tom Grant, P.E.
Kimley-Horn and Associates, Inc.
2201 W. Royal Lane, Suite 275
Irving, Texas 75063
Phone: 214-420-5622
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 provis ions 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
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ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC.
By: ____________________________________
Tom Grant, P.E.
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
DRAFT - Attachment A
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
October 11, 2019
Project Understanding
Based on discussions with the CITY, the CITY has requested the ENGINEER to provide design and
construction phase services for right turn lane and traffic signal improvements at the intersections of
Southlake Boulevard (FM 1709) at Byron Nelson Parkway (eastbound right turn lane) and Southlake
Boulevard (FM 1709) at Southridge Lakes Parkway (westbound right turn lane).
This scope of services includes the design of the following:
• Southlake Boulevard (FM 1709) at Byron Nelson Parkway
o Eastbound right turn lane.
▪ Right turn lane pavement.
▪ Adjust sidewalk and curb ramps on the southwest corner.
▪ Storm drain adjustments.
▪ Traffic signal modification
• Relocating traffic signal cabinet.
• Relocating pedestrian pole on southwest corner.
• Upgrading pedestrian signal heads and push buttons on the
southwest corner
▪ Pavement marking and signing.
• Southlake Boulevard (FM 1709) at Southridge Lakes Parkway
o Westbound right turn lane.
▪ Right turn lane pavement.
▪ Adjust sidewalk and curb ramps on the northwest corner.
▪ Traffic signal modification.
• Relocating northbound traffic signal mast arm
• Installing push button pole on northeast corner
• Upgrading pedestrian signal heads and push buttons on the northwest
corner.
▪ Storm drain adjustments.
▪ Pavement marking and signing adjustments.
Scope of Services
Task 1 – Topographic and Boundary Survey – (Lump Sum)
The ENGINEER (through a Subconsultant) will perform topographic survey for the limits identified in
Exhibits 1 and 2 at the back of Attachment A for both project intersections. The following items will be
performed:
• 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 available 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).
Attachment A - Page 2
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
o Traffic signal equipment (poles, cabinets, ground boxes).
o Large trees (6 inch diameter and up).
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 type) 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. Digital files will be
in .DWG format. The ENGINEER will conduct one site visit to field verify the topographic
survey.
Task 2 – Subsurface Utility Engineering (SUE) – (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 3 – Preliminary Design Construction Plans – (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.
• 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 (Pavement section to match existing FM 1709).
Attachment A - Page 3
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
o Paving (plan only).
Paving Plan will also identify storm drain improvements within the limits of the project.
o Signal Modification for both intersections including:
▪ Right turn lane signal heads.
▪ Relocating pedestrian poles and push buttons for the 2 crosswalks affected by
the proposed turn lane at each intersection.
▪ New ground boxes and conduit bores to the newly designed intersection
corner at each intersection and rewiring affected signal equipment.
▪ Relocation the NB approach traffic signal pole at the intersection of Southlake
Boulevard (FM 1709) at Southridge Lakes Parkway.
▪ New cabinet installation and rewiring entire intersection of Southlake
Boulevard (FM 1709) at Byron Nelson Pkwy.
▪ If additional modifications are required, they can be performed as an Additional
Service.
o Erosion Control Plan for each specific construction phase. Erosion 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 contractors/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 considered 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 Existing and Proposed Drainage Area Maps
o Traffic Control plans for TxDOT-maintained roadways (required for TxDOT permitting)
• 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 address 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 4 – Final Design Construction Plans – (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.
Attachment A - Page 4
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
• 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 ENGINEER’s Opinion
of Probable Construction Cost (EOPCC) will be prepared and provided to the CITY.
Task 5 – TxDOT Permitting – (Reimbursable/Hourly)
This task includes up to 20 hours and includes the preparation and submittal of two TxDOT permit
packages as follows:
• Package One: Intersection improvements at Southlake Boulevard (FM 1709) and Byron
Nelson Parkway
• Package Two: Intersection improvements at Southlake Boulevard (FM 1709) and Southridge
Lakes Parkway
Submit plan sheets to TxDOT as part of a permit package and respond to TxDOT comments for each
package.
Task 6 – Franchise Utility Coordination – (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.
• Monitor and update the utility companies on anticiapted project schedule during design.
• Monitor each utility company’s relocation efforts and schedule during construction.
Task 7 – ROW and Easement Document Preparation (Reimbursable/Hourly)
• The ENGINEER (through a Subconsultant) will prepare up to two (2) right-of -way exhibits and
set corners in the field. Additional right-of -way documents can be prepared as Additional
Services at $1,900.00 per document. This cost includes setting corners in the field.
• The ENGINEER (through a Subconsultant) will prepare up to four (4) easement exhibits.
Additional easement documents can be prepared as Additional Services at $1,300.00 per
easement. This cost does not include setting corners in the field.
• The ENGINEER will coordinate with the surveyor regarding proposed right-of -way and
easements.
Task 8 – Bidding Phase Services – (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.
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• 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 9 – Construction Phase Services – (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 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
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 observ ations, 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
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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
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
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performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to
stop the work or direct Contractor.
Task 10 – Record Drawings – (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 prepared in accordance with current Texas Board of
Professional Engineers’ requirements.
• 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)
Task 11 – Additional Intersection Design – (Reimbursable/Hourly)
This task includes up to 100 hours, TDLR fees, and includes incorporating the following design
elements into the preliminary and final construction plans based on City/TxDOT direction:
• Southlake Boulevard (FM 1709) at Byron Nelson Parkway
o Pedestrian curb ramp design on the northwest, northeast, and/or southeast corners
and associated pedestrian traffic signal adjustments.
o Pedestrian signal head and/or pedestrian push button upgrades at the northwest,
northeast, and/or southeast corners.
o Crosswalk paving and grading for up to 3 crosswalks. The crosswalk across the
southbound approach to this intersection is omitted from this scope of work due to
existing design constraints including but not limited to the steep grade of this approach.
• Southlake Boulevard (FM 1709) at Southridge Lakes Parkway
o Pedestrian curb ramp design on the northwest, southwest, and/or southeast corners.
o Pedestrian signal head and/or pedestrian push button upgrades at the northwest,
southwest, and/or southeast corners.
o Crosswalk paving and grading for up to 4 crosswalks.
o Reconstruction of a portion of Southridge Lakes Parkway to accommodate the ADA
cross-slope grade needs at the crosswalk.
• Texas Department of Licensing and Regulation (TDLR)
o Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter
68 Texas Administrative Code, and become familiar with the governmental authorities
having jurisdiction to approve the design of the Project
o Register the project with TDLR.
o Submit construction documents (final, signed and sealed plans) to a TDLR licensed
Registered Accessibility Specialist (RAS) no later than the 20th day after the date the
Consultant issues the plans for construction.
o Complete all TDLR forms/applications necessary.
o Request an inspection from the RAS no later than 30 calendar days after construction
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substantial completion. Advise the CITY in writing of the results of the inspection.
o Respond to agency comments and requests.
o ASSUMPTIONS
▪ Consultant will pay project registration, plan review, and inspection fees.
▪ The scope does not include services related to obtaining a variance from
TDLR.
Information to Be Provided By the CITY
The CITY shall provide the following to the ENGINEER:
▪ Record drawings
▪ Franchise utility contracts and agreements
Additional Services
Any services not specifically identified in the Scope of Services shall be considered Additional Services.
These may be performed on an indiv idual 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:
• Storm drain hydraulic design.
• Utility design.
• Geotechnical engineering.
• Public Meetings.
• Right-of -Way Agent services.
• Landscape and irrigation design.
• Monument sign design/relocation and/or monument sign foundation 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.
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Fee and Billing
The ENGINEER will perform the services identified in the Scope of Services on either a Lump Sum or
Reimbursable/Hourly basis in accordance with the following tasks:
Lump Sum: Task Fee:
Task 1 – Topographic and Boundary Survey $21,500
Task 3 – Preliminary Design Construction Plans $45,000
Task 4 – Final Design Construction Plans $30,000
Subtotal: $96,500
Reimbursable/Hourly: Task Fee:
Task 2 – Subsurface Utility Engineering (SUE) (Allowance) $10,000
Task 5 – TxDOT Permitting $5,000
Task 6 – Franchise Utility Coordination $7,500
Task 7 – ROW and Easement Document Preparation $9,000
Task 8 – Bidding Phase Services $10,000
Task 9 – Construction Phase Services $10,000
Task 10 – Record Drawings $2,500
Task 11 – Additional Intersection Design $27,000
Subtotal: $81,000
Total Fee: $177,500
The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum
fee of $96,500. 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 $81,000 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 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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