Item 4G MemoCITY OF
SOUTHLAKE
Item 4G
MEMORANDUM
(August 3, 2021)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve Supplement Agreement No. 2 with Kimley-Horn and
Associates, Inc. (Kimley-Horn) to provide final engineering
design and construction services for the intersections of Davis
Boulevard (FM 1938) and Continental Boulevard
(Davis/Continental) and Continental Boulevard and Peytonville
Avenue (Continental/Peytonville) in an amount not to exceed
$381,500.
Action
Requested: Approve Supplement Agreement No. 2 with Kimley-Horn and
Associates, Inc. (Kimley-Horn) to provide final engineering design
and construction services for the intersections of Davis Boulevard
(FM 1938) and Continental Boulevard (Davis/Continental) and
Continental Boulevard and Peytonville Avenue
(Continental/Peytonville) in an amount not to exceed $381,500.
Background
Information: The purpose of this project is to improve traffic management at the
intersections of Davis/Continental and Continental/Peytonville to
handle increased traffic volumes.
For the Davis/Continental intersection, the improvements will include
traffic signalization, right turn lane, modified eastbound and
westbound approaches, crosswalks and sidewalks, and an improved
culvert crossing through increased drainage capacity on Union
Church Road west of the intersection. The project design began in
2019 with an original contract amount of $335,000. The contract
amount took the project to 60% design level, and Supplement
Agreement No. 1 allowed the additional scope for the project to
include drainage work and an increase of right-of-way and easement
acquisition in the amount of $8,325. Supplement Agreement No. 2
will be to finalize engineering design to construct intersection
improvements and prepare for bidding and construction.
Improvements to the Davis/Continental intersection were identified
as part of the City's Mobility Master Plan and the Stormwater Master
Plan.
Page 1 of 3
Item 4G
For the Conti nental/PeytonviIle intersection, the purpose of this
project is to improve roadway and drainage capacity at the
intersection of Conti nental/PeytonviIle via construction of a single
lane roundabout and widening of the culvert crossing west of
intersection with South Peytonville Avenue. These improvements
include relocations of sidewalk and crosswalk to accommodate
pedestrian access west of the roundabout, modifications to the
existing stormwater drainage system, and alleviate current traffic
backups during peak hours. Project design began in 2019 with an
original contract amount of $212,000 for 60% design completion, and
Supplemental Agreement No. 1 was a no cost amendment to the
original contract, reallocating unused services to provide right-of-way
appraisal services. Under Supplement Agreement No. 2, the scope
of services includes final design plans and contract documents, and
bidding and construction phase services. Improvements to the
Conti nental/PeytonviIle intersection were identified as part of the
City's Mobility Master Plan and the Stormwater Master Plan.
Elements of the Southlake Corridors Urban Design Plan, including
landscape, hardscape and roundabout art will also be incorporated.
Financial
Considerations: Funding for this agreement is available as part of the approved
Capital Improvement Program.
Strategic Link: This item links to the City's Strategy Map strategic focus areas of
Safety & Security, Mobility, and Infrastructure. It specifically relates
to the City's Corporate Objectives, C2: Provide Travel Convenience
Within City & Region, and F2: Invest To Provide & Maintain High
Quality Public Assets. The Critical Business Outcome is, CBO2:
Enhance Mobility Through Aggressive Traffic Management
Initiatives And Capital Project Implementation.
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.
Page 2 of 3
Item 4G
Staff
Recommendation: Approve Supplement Agreement No. 2 with Kimley-Horn and
Associates, Inc. (Kimley-Horn) to provide final engineering design
and construction services for the intersections of Davis Boulevard
(FM 1938) and Continental Boulevard (Davis/Continental) and
Continental Boulevard and Peytonville Avenue
(Conti nental/Peytonville) in an amount not to exceed $381,500.
Supporting
Documents: Attachment A: Supplement Agreement No. 2
Attachment B: FY 2019 Engineering Services Agreements
Attachment C: Supplement Agreements No. 1
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Kevin Taylor, P.E., Civil Engineer
Jeff Ginn, P.E., Civil Engineer
Page 3 of 3
Attachment A
AMENDMENT NUMBER 2
TO THE AGREEMENT BETWEEN
THE CITY OF SOUTHLAKE, TEXAS AND KIM LEY -HORN AND ASSOCIATES, INC.
AMENDMENT NUMBER 2 DATED July 27, 2021 to the agreement between City of
Southlake, ("CITY") and Kimley-Horn and Associates, Inc., ("ENGINEER") dated June 18, 2019
("the Agreement') concerning the Davis Boulevard (FM 1938) and Continental Boulevard
Intersection Improvements project.
The ENGINEER has entered into the Agreement with CITY for the furnishing of
professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional
Services to be performed by ENGINEER and provisions for additional compensation by the CITY
to the ENGINEER, all as set forth in Exhibit hereto. The parties ratify the terms and conditions
of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference.
CITY:
ENGINEER:
CITY OF SOUTHLAKE, TEXAS KIMLEY-HORN AND ASSOCIATES, INC.
By: _
Title:
Date:
By
Title: Assistant Secretary
Date: 7/27/2021
Exhibit Ato Amendment Number
Dated July27, 2021
Project Understanding
Based on previous studies, conceptual layouts, and 60% design plans prepared under separate
agreements by ENGINEER, and discussions with the CITY and TxDOT, the CITY has requested
the ENGINEER to provide Final Design and construction phase services for the Davis Boulevard
(FM 1938) and Continental Boulevard intersection and Continental Boulevard and Peytonville
Avenue intersection (single -lane roundabout). The design will build on the 60% designs developed
previously. Improvements for both intersections will be bid as a single combined project. Proposed
improvements within the Davis Boulevard (FM 1938) TxDOT right-of-way will be permitted through
a Local On -System Agreement (LOSA) process. The CITY is currently acquiring right-of-way and
easements for both intersections.
This scope of services includes the following:
Davis Boulevard (FM 1938) and Continental Boulevard Intersection
• Final Design of project including:
o Ultimate eastbound Union Church Road and westbound Continental Boulevard
approaches at the Davis Boulevard intersection
o Northbound rightturn deceleration lane on Davis Boulevard
o Traffic signal improvements at the intersection
o Traffic signal operation strategies at the intersection
o Sidewalk and crosswalk improvements at the intersection and adjacent to the roadway
improvements
o Union Church Road culvert crossing
o Enclosed storm drain system design, including associated drainage area map and
hydraulic calculations
o Assisting the City with the LOSA process.
Continental Boulevard and Peytonville Avenue Intersection
• Final Design of project including:
o Single -lane roundabout at the intersection of Continental Boulevard and Peytonville
Avenue
o Sidewalk and crosswalk improvements at the intersection and adjacent to the roadway
improvements
o Continental Boulevard culvert crossing
o Enclosed storm drain system design, including associated drainage area map and
hydraulic calculations
Items applicable to both intersections
• Final Floodplain Study
• Geotechnical Services
• Subsurface Utility Engineering
• Franchise Utility Coordination
• Bidding Phase Services
• Construction Phase Services
• Record Drawings
This scope of services assumes the following:
• The 60% design plans have been reviewed by TxDOT (Davis Boulevard and Continental
Boulevard intersection only) and the Cityof Southlake, and that all preliminary design proposed
as part of the 60% plans is approved to move forward to final design.
• No temporary signal will be required at the intersection of Davis Boulevard and Continental
Boulevard.
• A Letter of Map Revision (LOMR) will not be provided as part of this Agreement.
• Existing utilities in the Davis Boulevard right turn lane will remain in place.
• The right-of-way (ROW) and easement (ESMT) needs identified in the 60% plans will be
acquired by the City such that no design changes are needed to accommodate reduced ROW
and no additional ROW/ESMT documents need to be prepared.
ENGINEER shall perform the following Additional Services:
Task 15 — Final Design Construction Plans for Davis Boulevard (FM 1938) and Continental
Boulevard Intersection [90% and Final Submittals] (Lump Sum)
Project Management and Administration
o Develop project production plan and schedule
o Prepare for and attend up to three (3) meetings with CITY
o Prepare for and attend up to two (2) meetings with TxDOT
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
o Coordination with CITY and TxDOT regarding the LOSA
The ENGINEER will update the construction plans based on comments received from TxDOT
and CITY on the Preliminary Design priorto beginning Final design.
Plan Preparation
o Prepare and submit 90% and Final Construction Plans, Specifications and Engineering
opinion of probable construction costs (EOPCC). These submittals will be based on
published City engineering design criteria/standards and TxDOT published design
criteria/standards for proposed work within TxDOT ROW.
Roadway
o Incorporate project control and typical section sheets prepared during preliminary design
o Prepare roadway plan / profile sheets for Union Church Road, Continental Boulevard and
Davis Boulevard northbound right turn lane
■ Include design plans for all driveways with the project and develop driveway
profiles as needed.
o Develop design cross -sections
■ Develop cross -sections on 50' station intervals and at driveways
■ Show pavement and subgrade, right-of-way limits, side slopes, pavement
cross slopes, curbs, sidewalks, retaining walls, and prop drainage features
(where applicable)
o Prepare roadway details to clarify intent of design.
o Compile applicable City and TxDOT standard details.
Drainage
o Perform final storm sewers izing and alignment design. Prepare final inlet design sheets
and hydraulic design sheets for inclusion in the construction plans
o Prepare storm sewer plan / profile sheets depicting storm sewer lines, inlets, junction
boxes, connections, manholes, utility crossings, and the hydraulic grade lines.
o Prepare profilesforthe proposed storm drain laterals.
o Determine outfall grading requirements and provide plans and details for channel
protection.
o Provide plan sheets and details to construct storm sewer outfalls.
o Prepare drainage details to clarify intent of design. Compile applicable City standard
details. Modify standard details as needed.
o Create details for connections to existing system (where applicable).
o Prepare erosion control plan.
• Utilities
o Water
■ Water lines relocations are not included as part of this Agreement.
■ Minor adjustments to existing water valve boxes will be specified in the plans.
o Sanitary Sewer
■ Sanitary sewer line relocations are not included as part of this Agreement.
Minor adjustments to existing sanitary sewer manholes will be specified in the
plans.
Traffic Signals
o Finalize design of permanent traffic signal equipment for the FM 1938 (Davis Blvd) at
Continental Blvd intersection including the following:
■ Existing Conditions and Removals Sheet
■ Proposed Layout Sheet
■ Summary Charts Sheet
■ Traffic Signal standard TxDOT details
o Temporary signal design for the FM 1938 (Davis Blvd) at Continental Blvd intersection is
not included.
Pavement Markers and Marking Plans
o Prepare pavement markers and marking layouts in accordance with City design standards
and the Texas Manual of Uniform Traffic Control Devices (TMUTCD)
o Prepare details to clarify intent of design
o Compile applicable City standard details. Modify standard details as needed.
o Signing layout and design will not be provided
o Use TxDOT sign sizing criteria to size and detail custom guide signs
o Determine the mounting requirements for each sign or sign cluster based on TxDOT
standards. List the signs on the TxDOT standard summary sheets together with totals for
each mount type.
• Traffic Control Phasing Plans
o Develop construction sequence plan showing:
■ Travel lanes and construction area for each phase of construction
• Temporary signing and striping, barricades, and other channelization devices
■ Narrative of the sequence of construction services
• Storm sewer construction phasing
o Develop typical cross sections showing lane widths, edge conditions, channel ization and
proposed construction area
o Develop typical intersection staging plans for similar intersections. Develop custom
intersection staging layouts for special conditions.
o Developtypical drivewaystaging plans for similar driveways. Developcustom driveway
staging layouts for special conditions.
o Prepare traffic control details to clarify intent of design
o Compile applicable City/Tx DOT standard details. Modifystandard details as needed.
The ENGINEER will submit 90% Construction Plans, specifications, City project manual,
opinion of probable construction schedule, and EOPCC (Document Package) in .PDF format
to the CITY and TxDOTfor review and comment in .PDFformat.
The ENGINEER will incorporate up to one round of simultaneous comments from CITY and
TxDOTon the 90% Document Package and develop Final Construction Plans, specifications,
project manual, opinion of probable construction schedule and EOPCC.
The ENGINEER will submit the Final Construction Plans, specifications, and EOPCC in .PDF
format to the CITY and TxDOT. Up to four (4) copies of the final plan sheets (two (2) f ull size
(22" x 34"), two (2) half scale (11" x 17")) may be produced and delivered to the CITY if
req uested .
Task 16— Final Design Construction Plans for Continental Boulevard and Peytonville
Avenue Intersection [90% and Final Submittals] (Lump Sum)
• Project Management and Administration
o Included as part of Task 15
• The ENGINEER will update the construction plans based on comments received from CITY on
the Preliminary Design prior to beginning Final Design.
• Plan Preparation
o Prepare and submit 90% and Final Construction Plans, Specifications and Engineering
opinion of probable construction costs (EOPCC) as one(l)combined projectwith Task 15.
• Roadway
o Incorporate project control and typical section sheets prepared during preliminary design
o Prepare roadway plan / profile sheets for the proposed single -lane roundabout
• Include design plans for all driveways with the project and develop driveway
profiles as needed.
o Develop design cross -sections
• Develop cross -sections on 50' station intervals and at driveways
■ Show pavement and subgrade, right-of-way limits, side slopes, pavement
cross slopes, curbs, sidewalks, retaining walls, and prop drainage features
(where applicable)
o Prepare roadway details to clarify intent of design.
o Compile applicable City standard details.
Drainage
o Perform final storm sewers izing and alignment design. Prepare final inlet design sheets
and hydraulic design sheets for inclusion in the construction plans
o Prepare storm sewer plan / profile sheets depicting storm sewer lines, inlets, junction
boxes, connections, manholes, utility crossings, and the hydraulic grade lines.
o Prepare profilesforthe proposed storm drain laterals.
o Determine outfall grading requirements and provide plans and details for channel
protection.
o Provide plan sheets and details to construct storm sewer outfalls.
o Prepare drainage details to clarify intent of design. Compile applicable CITY standard
details. Modify standard details as needed.
o Create details for connections to existing system (where applicable).
o Prepare erosion control plan.
• Utilities
o Water
Water lines relocations are not included as part of this Agreement.
Minor adjustments to existing water valve boxes will be specified in the plans.
o Sanitary Sewer
■ Sanitary sewer line relocations are not included as part of this Agreement.
■ Minor adjustments to existing sanitary sewer manholes will be specified in the
plans.
Pavement Markers and Marking Plans
o Prepare pavement markers and marking layouts in accordance with City design standards
and the Texas Manual of Uniform Traffic Control Devices (TMUTCD)
o Prepare details to clarify intent of design
o Compile applicable City standard details. Modify standard details as needed.
Traffic Control Phasing Plans
o Develop construction sequence plan showing:
■ Travel lanes and construction area for each phase of construction
• Temporary signing and striping, barricades, and other channelization devices
■ Narrative of the sequence of construction services
■ Storm sewer construction phasing
o Develop typical cross sections showing lane widths, edge conditions, channelization and
proposed construction area
o Develop typical intersection staging plans for similar intersections. Develop custom
intersection staging layouts for special conditions.
o Develop typical driveway staging plans for similar driveways. Develop custom driveway
staging layouts for special conditions.
o Prepare traffic control details to clarify intent of design
o Compile applicable CITY standard details. Modify standard details as needed.
• The ENGINEER will submit 90% Construction Plans, specifications, project manual and
EOPCC in .PDF format to the CITY for review as part of a combined submittal with Task 15.
• The ENGINEERwill incorporate up to one round of commentsf rom CITY on the 90% submitted.
• The ENGINEER will submit the Final Construction Plans, specifications, and EOPCC in .PDF
format to the CITY as part of a combined submittal with Task 15.
Task 17—Traffic Signal Operation Strategies (Reimbursable/Hourly)
This task includes up to 30 hours and may include the following as requested by the CITY:
SynchroTM Signal models will be developed to reflect an estimate of traffic demand, actual
geometric conditions, and traffic signal control at the Davis Boulevard and and Continental
Boulevard intersection during peak and off-peak conditions. It is anticipated that a total of four
models will be developed to reflect the AM peak, Midday peak, PM peak, and off-peak
conditions. It is anticipated that the off-peak operations will be appropriate for the weekends
and during a range of time periods throughout the week.
The timing of the intersection will be developed based on the intersection operating as an
isolated intersection. Traffic counts will be collected to help develop AM peak, Midday peak,
PM peak, and off-peak coordinated timing plans.
These models will be used to develop recommended signal timing strategies and will be
presented to the CITY and to TxDOT prior to implementation in the field. It is anticipated that
a meeting would take place where draft recommended signal operations can be presented and
discussed, and feedback can be received for consideration in finalizing timing plans to be
implemented.
Timing information will be provided to the CITY and TxDOTeitherin a SynchroTM timing sheet
format, or in a simple spreadsheet format that defines operating schedules, cycle lengths,
offsets, split times for each movement, pedestrian walk and clearance intervals, yellow and all -
red intervals,
• Once timing plans are developed, it is anticipated that TxDOT and/or the CITY will implement
the timing in the field. ENGINEER will be present during implementation to observe and help
fine tune the signal timing to work efficiently with traffic on the street during peak and off-peak
periods.
Task 18— Geotechnical Services (Reimbursable'Hourly)
The ENGINEER, through a subconsultant, will provide recommendations and design parameters
forthe following items:
• General soil and ground -water conditions
• Recommendations for retaining wall foundation type, depth, allowable loading, lateral
pressures
• Foundation construction requirements
• An evaluation of theswell characteristics of the subgradesoils
• Recommendations for pavement subgrade type, depth, and stabilization concentration
• Pavement thickness recommendations in accordance with City of Southlake standards
• Recommendations on the scour potential for the creek in the proximity of the structures
• Design data for erosion protection and bank stabilization
• Submit one (1) copy of the report to the CITY
• The ENGINEER will coordinate with the geotechnical engineer and implement
recommendations into the design.
Task 19— Subsurface Utility Engineering (SUE) (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will perform up to eight (8) SUE Quality Level A'
potholes at the below rates. Reimbursable amount for this task assumes 4'-8' Deep (Paved
Area) conditions.
0 4'-8' Deep (Native Soil) - $2,000 each
0 4'-8' Deep (Paved Area) - $2,200 each
The ENGINEER will evaluate the SUE results and provide a summary of potential utility
conflicts to the CITY.
Task 20— Franchise Utility Coordination (Reimbursable/Hourly)
The ENGINEER's involvementd uring the franchise utility coordination phase of the project will only
be provided upon the City's request. Our scope of services could include any of the tasks below.
However, the budgeted fee identified allows for approximately 40 hours of ENGINEER's labor and
anticipated expenses. Additional hours will require a supplemental contract.
0 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 six (6) franchise utility coordination meetings
• Monitor and update the utility companies of CITY's project schedule during design
• Monitor each utility company's relocation efforts and schedule d uring construction
Task 21— Bidding Phase Services (Reimbursable/Hou►iy)
The ENGINEER's involvement during the bidding phase of the project will only be provided upon
the City's request. Our scope of services could include any of the tasks below. However, the
budgeted fee identified allows for approximately 60 hours of ENGINEER's labor and anticipated
expenses. Additional hours will require a supplemental contract.
• 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 22— Final Floodplain Studies (Hourly/Reimbursable)
This task includes up to 160 hours and may include thefollowing as requested by the CITY:
• Update the hydraulic models and reports produced during the Preliminary Design Phase
(provided under separate agreements) to match the Final Design plans.
• Evaluate impacts with CITY, FEMA, and TxDOT criteria as applicable.
• Submit a Final Floodplain Study for the Creek crossing at Union Church Road, and another at
Peytonville, each of which are anticipated to include the following:
o Narrative
o Floodplain Workmaps
o HEC-RAC Output
o Digital Files
• The approximated hours for this task assume the CITY and/or TxDOT will have not more than
an equivalent of 20 hours' worth of comments to address on the previously submitted drainage
studies (provided under a separate agreement) and roadway geometrics that could affect the
modeling.
Task 23 — Texas Historical Commission (THC) Consultation (Hourly/Reimbursable)
• It is our understanding that the proposed project is located on land owned by a political
subdivision of the State. Therefore, the proposed project would be subject to review by the
Texas Historical Commission (THC) under the Antiquities Code of Texas (ACT). The ACT
requires state agencies and political subdivisions of the state to notify the THC of ground -
disturbing activity on public land. To complywith the ACT, ENGINEER will prepare a THC
consultation Ietterthatwill provide an overview of the proposed project, including location and
anticipated construction details. ENGINEER will upload the THC consultation letter and
supporting exhibits/maps/plans to the THC website and request a review of the project under
the ACT. The end result of the review maybe a response from the THC requiring additional
information, requiring a cultural resources survey, or clearing the project from further cultural
resources considerations. It should be known that the THC takes up to 30 days to respond to
review req uests.
• If it is determined a Cultural Resources study is required, it can be provided as an Additional
Service.
Task 24 — Construction Phase Services (Reimbursable/Hourly)
The ENGINEER's i nvolvement d uri ng the construction phase of the project will only be provided
upon the City's request. Our scope of services could include any of the tasks below. However, the
budgeted fee identified allows for approximately 120 hours of ENGINEER's labor and anticipated
expenses. Additional hours will require a supplemental contract.
• Attend the pre -construction meeting
• Visitsto Site and Observation of Construction. ENGINEERwillprovideon-site construction
observation services during the construction phase. ENGINEER will make visits at intervals
as directed by CITY in ord erto observe the progress of the Work. Such visits and observations
by ENGINEER are not intended to be exhaustive orto 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, norfor any failure of Contractorto
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 responsibilityforany Contractor's failure to furnish and perform itswork 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 req uestsfor information and issue necessary clarificationsand interpretations of the
Contract Documents to CITY as appropriate to the orderly completion of Contractor's work.
Any orders authorizing variations from the Contract Documents will be made by CITY.
• Change Orders. ENGINEER may recommend Change Orders to CITY, and will review and
make recommendations related to Change Orders submitted or proposed by the Contractor.
• Shop Drawings and Samples. ENGINEER will review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which Contractor is required
to submit, but only for conformance with the information given in the Contract Documents.
Such review and approvals or other action will not extend to means, methods, techniques,
equipment choice and usage, sequences, schedules, or procedures of construction or to
related safety precautions and programs.
• Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -
equal" materials and equipment proposed by Contractor in accordance with the Contract
Documents, but subject to the provisions of applicable standards of state or local government
entities.
• Inspections and Tests. ENGINEER may require special inspections ortests of Contractor's
work as ENGINEER deems appropriate, and may receive and review certif icates of inspections
within ENGINEER's area of responsibility or of tests and approvals required by laws and
regulations or the Contract Documents. ENGINE E R's review of such certif icates 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 orforwhat
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, orof any of theirsubcontractors, suppliers, orof any other individual orentity
performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to
stop thework or direct Contractor.
Task 25 — Record Drawings (Hourly/Reimbursable)
The ENGINEER's i nvolvement d uring the record drawings phase of the project will only be provided
upon the CITY's request. Our scope of services could include any of the tasks below. However, the
budgeted fee identified allows for approximately 36 hours of ENGINEER's labor and anticipated
expenses. Additional hours can be provided as an Additional Service.
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.
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 d rawings
with cover sheet, details.
o Record drawing digital files on a flash drive including the following:
■ AutoCAD (.dwg file format)
• Adobe Portable Document Format (PDFfile format)
Task 26 — Additional Design and Coordination
This task includes up to 80 hours, or a combination of lesser hours and reimbursable expenses, to
be used at the discretion of the CITY. Examples of items the CITY may authorize under this Task
include:
• Redesign to reflect project scope changes requested by CITY and/or TxDOT, changed
conditions, change in direction previously approved, or mandated by governmental/regulatory
laws or criteria
• Preparation of exhibits
• Additional meetings other than the amount specified in this Agreement
• TDLR registration fees
Information to Be Provided By the CITY
The CITY shall provide the following to the ENGINEER:
• 60% review comments
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 ourthen current hourly rates underthe existing Agreement if budgetallows. Additional services
include but are not limited to the following:
• Rig ht-of-way and easement(s) acquisition.
• Temporary Signal Design at either intersection.
• Coordinated signal timings along FM 1938.
• TxDOT Environmental documentation (e.g., Categorical Exclusion).
• Separate bidding phases.
• Developing a base hydrologic/hydraulics model for the study area.
• Reviewing/analyzing the creek crossing under Davis Blvd (FM 1938) south of the intersection
with Continental Blvd and/or the creek crossing south of Peytonville.
• Public Meetings.
• Services related to survey for easement or property acquisition and associated documents.
• Submittal of Nationwide Permit Preconstruction Notification.
• Submittal for Section 404 Individual Permit forthe proposed project improvements.
• Coordination with the USACE, TCEQ, and other resource or regulatory agencies during agency
review of the permit applications and mitigation. Post submittal agency coordination,
preparation, and submittal of a final mitigation plan (if required), mitigation construction and
monitoring, additional cultural resources review, detailed threatened and endangered species
surveys, tree surveys, or any item not specifically listed in this scope.
• Compensatory mitigation required for permitting.
• 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.
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 15 — Final Design Construction Plans for Davis Boulevard (FM1938)
and Continental Boulevard Intersection [90% and Final Submittals] $104,400
Task 16 — Final Design Construction Plans for Continental Boulevard
and Peytonville Avenue Intersection [90% and Final Submittalsl $82,400
Total Lump Sum: $186,800
Reimbursable/Hourly:
Task Fee:
Task 17 —Traffic Signal Operation Strategies
$8,200
Task 18 — Geotechnical Services
$38,800
Task 19 —Subsurface Utility Engineering (SUE)
$17,600
Task 20 — Franchise Utility Coordination
$10,000
Task 21 —Bidding Phase Services
$15,000
Task 22—Final Floodplain Studies
$41,600
Task 23 —Texas Historical Commission Consultation
$3,500
Task 24 — Construction Phase Services
$30,000
Task 25 — Record Drawings
$10,000
Task 26 —Additional Design and Coordination
$20,000
Total Reim bursable/Hourly:
$194,700
Total Fee: $381,500
The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services fora lump
sum fee of $186,800. 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 ENGINEERwill provide the Reimbursable/Hourly Tasks services on a laborfee plus expense
basis. Foryour budgeting purposes, we recommend allocating $194,700 forthese 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) 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 projectwill 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. Paymentwill be due within thirty (30) days of your receipt of the invoice.
Attachment B
ORIGINAL DOCUMENT
AGREEMENT FOR ENGINEERING SERVICES CITY OF SOUTHLAKECouncil Action: Yo
OrdAes. No.,�,
THIS AGREEMENT is made this _� day of Date by ana
r
V' y
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 make intersection improvements at
Davis Boulevard (FM 1938) and Continental Boulevard. This project is to be known as
the Davis Boulevard (FM 1938) and Continental Boulevard Intersection 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 services necessary to
complete the Project.
NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER
agrees to perform, the engineering work for the Project, as more fully described herein
below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as
compensation, the payments on the dates and in the amounts herein specified, all in
accordance with the terms more fully set out below and as provided in Attachment A
which is attached hereto and incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Attachment A in accordance with the terms
set forth in this Agreement and in Attachment A.
B. Definitions
Services refer to the professional services performed by ENGINEER pursuant to
this Agreement.
C. Changes
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
ENGINEER's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
Page 1
D. Coordination with Owner
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to
the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior 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 of
the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership orjoint enterprise between CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the
proposed Project and business relations with abutting property owners. ENGINEER
further warrants that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under the
contract. Finally, Engineer warrants that it has submitted to the City a completed
Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local
Government Code.
Page 2
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 or preparation of
the subsurface investigations, surveys, designs, working drawings and specifications or
other engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
J. Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON
OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION
OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL,
AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO
THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904
AND SHALL BE CONSTRUED TO THAT EFFECT.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity (except the
indemnitees identified or described in Article I, Section J., above), notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
Page 3
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.
Page 4
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 $197,200 for Basic Services and on an
hourly basis plus expenses in an amount not to exceed $137,800 (as outlined in the
attached proposal) with a total not to exceed cost ceiling of $335,000 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 statements for any
Page 5
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 together with any additional reimbursable expense then
due.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
Page 6
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as
required by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY's consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
Page 7
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 and ENGINEER may modify the Project schedule
during the course of the Project and if such modifications affect ENGINEER's
compensation, it shall be modified accordingly, subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: G. Brad Tribble, P.E.
Senior Vice President
Kimley-Horn and Associates, Inc.
2201 West Royal Lane, Suite 275
Irving, Texas 75063
Phone: 214-420-5600
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
XIV. ARTICLE
VENUE -LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed in two equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
By:
La Hid, Mayor
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ATTEST: '
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By:
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Page 9
ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC.
By:
G. Brad Tribble, .E., nior Vice President
THE STATE OF TEXAS §
COUNTYOFT"ome�AP ff' §
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Before me on this day personally appeareA.QRAp IwgsaLx 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
rJex,tortViGe�ireblf,enR
ofKmt�5-HowJ4roAasoc'arFs,'tw,
, and acknowledged
to me that
he/she executed the same for the purposes and
consideration therein
expressed.
Given under my hang d seal of office this 1� day of Tl�tat✓
A.D. o
E L Notary Public, State of Texas
AtJ1A L. TTO(�DiJ
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Comm. Expires 06-21-2020
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Page 10
Kimley»)Horn
May 23, 2019
Project Understanding
Attachment A
Based on previous studies and conceptual layouts prepared under separate agreements by
ENGINEER, and discussions with the CITY and TxDOT, the CITY has requested the ENGINEER to
provide design and construction phase services for the Davis Boulevard (FM 1938) and Continental
Boulevard intersection. The design will be based on the 30% design developed during the Intersection
Analyses — Conceptual Layouts project (prepared under a separate agreement by ENGINEER). This
project is anticipated to be permitted for construction by TxDOT. CITY will donate applicable right-of-
way to TxDOT once acquired.
This scope of services includes the design of the following:
• 60% Design of ultimate eastbound and westbound Continental Boulevard approaches at the
Davis Boulevard intersection
• Northbound right turn deceleration lane on Davis Boulevard
• Traffic signal improvements at the intersection
• Sidewalk and crosswalk improvements at the intersection and adjacent to the roadway
improvements
• Hydraulic analyses to determine the proposed crossing configuration to pass the design storm
• Right-of-way and easement document exhibits and associated acquisition services
• Signal timing and coordination with the Davis Boulevard and Bear Creek Parkway intersections
Scope of Services
Task 1— Topographic and Boundary Survey (Lump Sum)
The ENGINEER (through a Subconsultant) will perform additional topographic survey for areas beyond
the limits acquired during the Intersection Analyses — Conceptual Layouts project. The following items
will be performed:
• Limits will include the following:
0 400 linear feet east and west of the previous survey limits of the Davis Boulevard and
Continental Boulevard intersection
o A 40-foot wide swath for a length of approximately 250 linear feet along the location of
the proposed Davis Boulevard northbound deceleration lane
o A 100-foot wide swath of full topographic survey fifty feet upstream and downstream
from the existing culvert location, and topographic survey shall extend twenty feet
beyond top of bank at a minimum. Survey shall also include full cross sections (twenty
feet beyond top of banks including tops of bank, toes of slope, flowline, and any grade
changes) every twenty feet for a distance of one hundred feet upstream and
downstream of the existing culvert.
o Spot shots shall be taken at the culvert low chord, roadway deck, top of rail, flowlines,
headwalls, and wingwalls.
• 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)
Kimley>Morn
Attachment A - Page 2
o Utilities (signs or markers showing the presence of underground utilities, valves,
manholes, flowlines, meters, backflow preventers, vents, poles, and guy wires)
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 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, 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 2 — ROW and Easement Document Preparation (Reimbursable/Hourly)
The ENGINEER (through a Subconsultant) will prepare up to six (6) right-of-way exhibits and
set corners in the field. Additional right-of-way documents can be prepared as Additional
Services at $1,200.00 per document. This cost includes setting corners in the field
The ENGINEER (through a Subconsultant) will prepare up to six (6) easement exhibits.
Additional easement documents can be prepared as Additional Services at $1,050.00 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
2201 West Royal Lane, Suite 275, Irving, TX 75063
Kim ley >>> H or n Attachment A - Page 3
Task 3 — ROW Agent Services (Reimbursable/Hourly)
This task (through a Subconsultant) will provide ROW Agent Services for two separate intersection
improvement projects: (1) The intersection of Continental Boulevard at Davis Boulevard (FM 1938) and
(2) the intersection of Continental Boulevard at Peytonville Avenue. Construction Documents for
Continental Boulevard at Peytonville Avenue shall be provided under a separate contract.
The ENGINEER (through a Subconsultant) will provide services for obtaining acquisitions and
easements for the project at the following locations:
• Intersection of Continental Boulevard at Davis Boulevard (FM 1938):
o JJB Enterprises, Inc; TAD Account #: 04203976 (ROW Acquisition)
o Pearson Place, Inc; TAD Account #: 05707811 (ROW Acquisition)
o RJ2KB Group, LLC; TAD Account #: 14239758 (Easement Acquisition, if needed)
o Drini, LLC; TAD Account #: 14500251 (Easement Acquisition, if needed)
o Stephanie Brooke Lomme; TAD Account M 04203488 (ROW Acquisition)
o Keller -Sanctuary, LLC; TAD Account #:42000546 (ROW Acquisition)
• Intersection of Continental Boulevard at Peytonville Avenue:
o Billy Jon Curb; TAD Account #: 05992273 (ROW and Easement Acquisition)
o Carroll ISD; TAD Account #: 41602315 (Easement Acquisition, if needed)
o Southlake Woods Homeowners; TAD Account #: 07690398 (Easement Acquisition, if
needed)
o Kirk J Koogler; TAD Account #: 40350371 (ROW Clearance, if needed)
If through the design process it is determined that right-of-way and/or easements are not needed for a
particular parcel, the associated fee will not be charged to the CITY.
The following services will be provided:
• Attendance at one (1) Town Hall or similar meeting to be introduced to the affected Property
Owners.
• Review of the title commitments provided for possible title encumbrances.
• Will send to each affected property owner a registered receipt Letter of Introduction, while
waiting for receipt of the appraisal reports.
• Will send each property owner an offer letter packet complete with a copy of the appraisal
report.
• Will follow up with a contact phone call offering to meet and discuss the offer.
• If no response is offered after 45 days, a final offer letter will be sent.
• Will follow up with a contact phone call offering to meet and discuss.
• Prepare condemnation packets for up to four (4) parcels.
• Provide a completed documented file complete with copies of all correspondence and phone
records for each parcel.
• The ENGINEER will coordinate with the ROW Agent.
The following services are not included in the scope of services, but can be provided as Additional
Services:
• Condemnation packets beyond those included in the scope - $550.00 per parcel.
• Attendance at hearing or prehearing before the Tarrant County Commissioners Court - $85
per hour.
CITY will provide appraisals and title work to be used for the acquisition services, along with document
templates.
Kimley>>> Horn Attachment -Page 4
Task 4 — Geotechnical Services (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will perform a geotechnical investigation as follows:
Subsurface Exploration.
o Drill and extrude the following:
• Up to four (4) sample borings to up to 10-feet (2 within existing Continental
Boulevard), 15-feet (1 near the proposed traffic signal), and 20-feet (1 within
existing Davis Boulevard) below existing ground using truck -mounted
equipment along the roadway
• Up to two (2) sample borings up to 30-feet deep below existing ground using
truck mounted equipment at or near each vehicular bridge abutment location
• Samples will be checked for consistency with a hand penetrometer
• Boring locations will be staked
• Bore holes will be backfilled and plugged at the surface;
• Determine D50 (bed material size where 50% of particles are smaller,
mm) for scour analysis [vehicular bridge abutment locations only]
• Record water temperature (temperature taken at the same time as
geotechnical sampling, Celsius) [vehicular bridge abutment locations
only]
Laboratory Services. Considering the planned facilities, anticipated soil conditions, and
geology, the following laboratory tests will be required for classification purposes and to
determine strength characteristics
o Moisture content and soil identification
o Liquid and plastic limit determinations
o Percent passing the No. 200 sieve
o Unconfined compression tests on soil
o Unit weight determinations
o Eades and Grim lime series test
o Design data recommendations for scour and abutment protection [vehicular bridge
abutment locations only]
o Testing to determine design data recommendations for scour, end bearing, lateral
pressures, coefficient of friction, and uplift for bridge and abutment improvements as
well as scour, end bearing, lateral pressures, coefficient of friction, uplift, global
stability, and tieback data for bank stabilization upstream along the west bank.
[vehicular bridge abutment locations only]
Engineering Services
o Prepare an engineering report presenting the following:
• Sample boring location map
• General soil and ground -water conditions
• Recommendations for retaining wall foundation type, depth, allowable loading
• Foundation construction requirements
• Recommended lateral pressures for the design of retaining structures
• An evaluation of the swell characteristics of the subgrade soils
• Recommendations for pavement subgrade type, depth, and stabilization
concentration
• Pavement thickness recommendations in accordance with City of Southlake
standards
• Recommendations on the scour potential for the creek in the proximity of the
structures
• Design data for erosion protection and bank stabilization
o The geotechnical engineer's design recommendations shall be relied upon by the
2201 West Royal Lane, Suite 275, Irving, TX 75063
Kim I ey >>> H orn Attachment A - Page 5
ENGINEER for the proposed pavement section for Davis Boulevard and Continental
Boulevard
• Submit one (1) copy of the report to the CITY
• The ENGINEER will coordinate with the geotechnical engineer and implement
recommendations into the design.
Task 5 — Subsurface Utility Engineering (SUE) (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will perform SUE Quality Level 'B" using
geophysical prospecting equipment to identify CITY and franchised utilities at various locations.
The ENGINEER, through a subconsultant, will perform up to four (4) SUE Quality Level "A"
potholes at the below rates. Reimbursable amount for this task assumes 4'-8' Deep (Paved
Area) conditions.
0 0'-4' Deep (Native Soil) - $1,100 each
0 0'-4' Deep (Paved Area) - $1,300 each
0 4'-8' Deep (Native Soil) - $1,400 each
0 4'-8' Deep (Paved Area) - $1,600 each
0 8'-12' Deep (Native Soil) - $1,700 Each
0 8'-12' Deep (Paved Area) - $2,000 Each
0 12'-18' Deep (Native Soil) - $2,600 Each
0 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 6 — 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 with CITY
o Prepare for and attend up to two (2) meetings with TxDOT
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 ENGINEERwill prepare preliminary construction plansforthe intersection. 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 and profile
o Traffic Signal (based on the approved 30% layout)
o Existing Drainage Area Map
o Proposed Drainage Area Map
o Storm drain hydraulic calculations
o Storm drain plan and profile sheets
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
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063
Kimley>>)Horn
Attachment A - Page 6
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
o Utility Adjustment Plan
o Pavement Markings and Signing
o Traffic Control Narrative (plan to be submitted as part of Final Design)
The ENGINEER will submit 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 and TxDOT.
The ENGINEER will address comments from the CITY on the preliminary 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 and TxDOT.
Final Design Construction Plans (Lump Sum)
• Final Design Construction plans to be provided via future contract.
Task 7— Environmental Section 404 Permitting (Lump Sum)
The proposed improvements have the potential to cross jurisdictional waters of the U.S. If impacts at
the culvert crossing to waters of the U.S. fit the conditions of Nationwide Permit 14 (Linear
Transportation Projects) and do not trigger notification to the USAGE, then the following tasks below
are applicable. If any triggers for notification to the USAGE are met, then the task listed under Additional
Services is applicable. Additional Services would be applicable if:
• The permit General or Regional Conditions cannot be met;
• Specific triggers for notification to the USAGE are met within the permit;
• The impacts thresholds for the Nationwide Permit program are exceeded (greater than 0.10-
acre, greater than 300-feet of stream impact, and are less than 0.50-acres at the complete
crossing); or,
• The City requests verification from the USACE.
If impacts exceed 0.50-acres at the crossing, then an Individual Permit would be required and would
be pursued under a separate scope.
The EPA and the USAGE occasionally issue guidance concerning what they intend over which to exert
jurisdiction. Observations will be made under the applicable guidance at the time of the observations.
2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
Kim ley >>> H o r n Attachment A - Page 7
Subtask 1— Preliminary Jurisdictional Determination
This task will include a review of readily available aerial photography and published data for the
property, including USGS topographic maps and USDA soils maps. This task also includes field
reconnaissance of the study area to determine the extent of potentially jurisdictional wetlands and other
waters of the U.S. that may be subject to Section 404/401. This effort will be performed by a qualified
scientist and the data collected will be used to write the USACE NWP 14 Descriptive Memo in Subtask
2 below. The field reconnaissance will be based on the professional judgment of ENGINEER, its use
of the USACE 1987 manual (as modified by the Interim Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Great Plains Region, Version 2, March 2010), and it is understood that
final authority over the delineation of waters of the United States lies with the appropriate federal
agency. Potentially jurisdictional areas will be described in the text of the report and will be graphically
depicted on aerial photography and other base data to give an understanding of the potentially
jurisdictional areas.
ENGINEER does not anticipate the need to flag or survey aquatic features. If this is required, it can be
performed as an Additional Service under a separate scope of work.
Subtask 2— USACE NWP 14 (Linear Transportation Projects) Descriptive Memo
ENGINEER will provide a descriptive memo discussing the use of Nationwide Permit 14, Linear
Transportation Projects, under a 'non -notification' scenario. The memo can be used to document the
'non -notification' permitting scenario and to provide the selected contractor with information relating to
permit compliance. A description of selected General Conditions as well as a suggested list of Best
Management Practices (BMPs) required for compliance with TCEQ water quality certification will be
included.
This scope is based on the understanding that proposed impacts to waters of the U.S. are less than
0.10-acre and 300-feet or less of stream impact at each separate, single and complete proposed
crossing, the project will not include impacts to 'special aquatic sites' including wetlands and will not
cause stream channelization. This scope will utilize the field work and data collected during the
Preliminary Jurisdictional Determination from the previous Subtask 1.
Though no coordination with the USACE is proposed, the use of this permit constitutes compliance with
appropriate Federal regulations. All terms and conditions of the permit must be met by the owner. This
task assumes coverage under the 2017-2022 nationwide permits. The Descriptive Memo will include
the following information:
• Brief project description, including site exhibits, as it relates to proposed impacts to waters of
the U.S.;
• Site visit photographs to document existing/preconstruction conditions;
• A copy of the NWP 14 permit language with General Conditions;
• State Water Quality Certifications and Conditions;
• NWP Regional Conditions for Texas;
• Cultural Resources information from readily available databases; and,
• Threatened and Endangered Species information from readily available databases.
Task 8 — Floodplain Feasibility Study (Lump Sum)
The project limits include existing box culverts under Union Church Road at Tributary BB-9. The existing
crossing likely does not currently contain the existing 100-year storm event. The existing box culverts
are likely undersized and likely do not meet current CITY criteria. Improvements are anticipated to
Kimley>Morn
Attachment A -Page 8
increase the capacity of the crossing. This Floodplain Feasibility Study task includes hydraulic analyses
to determine the proposed crossing configuration to pass the design storm.
The project reach of Tributary BB-9 is Zone AE with established Regulatory Floodway. The project
reach of Tributary BB-9 is included in Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) Panels 48439C0090K and 48439C0095K dated September 25, 2009 and
Tarrant County Flood Insurance Study (FIS) dated March 21, 2019.
Data Collection
o Request base hydrologic and hydraulic models from CITY, TxDOT, and/or FEMA.
o Coordination with CITY to obtain design criteria and existing hydrologic and hydraulic
models.
o This task assumes a HEC-RAS base model will be available and provided by the CITY,
TxDOT or FEMA including the design storm flow rate. This task excludes hydrologic
analyses.
o This task assumes the existing condition Davis Blvd. (FM 1938) crossing at Tributary
BB-9 is included in the base model. Based on cursory review of the Tarrant County
FIS, it appears the existing condition Davis Blvd. (FM 1938) crossing may not be
included in the model and therefore, floodplain mapping at the project location may not
be up to date. If corrections to the Davis Blvd. (FM 1938) crossing and surrounding
floodplain are needed, this can be performed as Additional Services.
o This task assumes the same base hydraulic model will be used for the Floodplain
Study, CLOMR, and LOMR tasks and that a floodway plan will be available. Work
outside of these parameters including but not limited to model conversion from HEC-2
to HEC-RAS, hydrologic analyses for flow determination, and additional hydraulic
analyses due to multiple base models can be performed as Additional Services.
Revised Existing Condition Modeling
o Once the baseline hydraulic model for Tributary BB-9 is determined, ENGINEER will
create a Revised Existing condition hydraulic model for existing and ultimate 100-year
flows by updating the Effective hydraulic model with topographic survey data
performed under a separate task.
Proposed Condition Alternatives Modeling
o ENGINEER will model up to three (3) alternatives for the proposed crossing
configuration. The anticipated alternatives include:
• Keeping the existing box culverts, adding parallel box culverts, and extending
the box culverts to accommodate any proposed roadway widening if
necessary;
• Increasing the height of the existing box culverts, adding parallel box culverts,
and extending the box culverts to accommodate any proposed roadway
widening if necessary; and,
• Removing the existing box culverts and replacing with a bridge. This
alternative includes up to three (3) bridge geometries to size the crossing.
o ENGINEER can perform additional alternatives an Additional Service.
Design with Respect to CITY Criteria
o ENGINEER will perform a hydraulic analysis to determine the preliminary impacts of
the proposed improvements to the subject reach of Tributary BB-9 in relation to CITY
criteria for water surface elevations and freeboard requirements for the ultimate 100-
year design storm.
o ENGINEER will endeavor to meet the CITY requirement of less than 1' water surface
elevation increase for the ultimate 100-year storm event. It is assumed that if increases
in water surface elevations are proposed, a CLOMR and LOMR will be required with
future authorization. Effort for those tasks is included under separate tasks.
o ENGINEER will endeavor to meet the CITY requirement of 2' freeboard at bridges
Kimley)))Horn
Attachment A - Page 9
(measured between the water surface elevation and bridge low chord) and 1' freeboard
at culverts (measured between the water surface elevation and the top of curb).
o Design of improvements will be for the 100-year storm event based upon existing and
ultimate watershed conditions for FEMA and CITY requirements, respectively.
o Containing the ultimate 100-year storm event at the crossing may be infeasible. If the
alternatives modeling does not contain the design storm event, a lower frequency
design storm may be defined at a later time with CITY approval.
o The Floodplain Study will be prepared in accordance with the CITY's Flood Hazard
Ordinance dated March 2011, the CITY's Storm Drainage Policy Ordinance dated June
1994, and FEMA NFIP Title 44 CFR Parts 59, 62, 65, and 70 effective at the time of
this scope of services.
o Preliminary hydraulic impacts will be refined with respect to City criteria with future
authorization.
Meeting and Selecting Alternative
o ENGINEER will meet with the CITY to present the preliminary HEC-RAS model results
for the three alternatives.
o CITY and ENGINEER will jointly select the desired alternative. Once the alternative
has been selected, the future authorization tasks will be scoped.
o Only the selected alternative will proceed to the next phases of hydraulic modeling and
be included in the final report. Erosion control and grading will be finalized with future
authorization, and floodway modeling will take place with future authorization.
Reporting
o ENGINEER will prepare a Floodplain Study submittal to the CITY to report the
proposed condition floodplain design. The Floodplain Study will include the following
information.
• Report text
• Revised Existing Condition hydraulic and floodway model data
• Proposed Condition hydraulic and floodway model data
• Fully Developed 100-year Hydraulic Workmaps
• 100-year Hydraulic Workmaps
• Digital files
o This task assumes the Floodplain Study report will not be in TxDOT format per
TxDOT's Hydraulic Design Manual dated July 2016 and associated checklist
(Guidelines for Hydraulic Reports Format). If additional reporting or exhibits are
requested by TxDOT, those services can be performed as an Additional Service.
Submittals and Comments
o ENGINEER will submit up to two hard copies of the Floodplain Study to the CITY.
o Addressing CITY comments will be provided under a separate task.
Task 9 — Regulatory Submittals/Approvals (Hourly)
The ENGINEER's role is limited, and services are only provided upon request from the Client
and billed on a reimbursable basis as labor and direct expenses are incurred. The budgeted
fee for this task is based on approximately 25 hours of ENGINEER labor. If additional effort is
required, it will be performed as an Additional Service.
ENGINEER will respond to CITY comments, as applicable, for the environmental Section 404
permitting and the floodplain feasibility study under this task. Due to the unknown nature of
the comments, effort expended under this task will be billed on an hourly basis in accordance
with ENGINEER's then current hourly rates.
214.420.5600
Kim ley )))Horn Attachment A - Page 10
Task 10—Traffic Signal Operation Strategies (Reimbursable/Hourly)
This task includes up to 60 hours and may include the following as requested by the CITY:
SynchroTM Signal models will be developed to reflect an estimate of traffic demand, actual geometric
conditions, and traffic signal control at each intersection during peak and off-peak conditions. It is
anticipated that a total of four models including the intersections of Davis Boulevard at Continental
Boulevard and Davis Boulevard at Bear Creek Parkway (City of Keller) will be developed to reflect the
AM peak, Midday peak, PM peak, and off-peak conditions. It is anticipated that the off-peak operations
will be appropriate for the weekends and during a range of time periods throughout the week.
The initial timing of the intersection of Davis Blvd and Continental Blvd will be developed based on the
intersection operating as an isolated intersection. After construction of the traffic signal, a new plan will
be developed to coordinate this intersection with the intersection of Davis Blvd and Bear Creek Pkwy.
Traffic counts will be collected at both intersections to help develop AM peak, Midday peak, PM peak,
and off-peak coordinated timing plans.
These models will be used to develop recommended signal timing strategies and will be presented to
the CITY and to TxDOT prior to implementation in the field. It is anticipated that a meeting would take
place where draft recommended signal operations can be presented and discussed, and feedback can
be received for consideration in finalizing timing plans to be implemented.
Coordinated timing will be provided to the CITY, City of Keller, and TxDOT either in a SynchroTM timing
sheet format, or in a simple spreadsheet format that defines operating schedules, cycle lengths, offsets,
split times for each movement, pedestrian walk and clearance intervals, yellow and all -red intervals,
Once coordinated timing plans are developed, it is anticipated that TxDOT and/or the CITY will
implement the coordinated timing in the field. Kimley-Horn will be present during implementation to
observe and help fine tune the signal timing to work efficiently with traffic on the street during peak and
off-peak periods.
Coordinated timing is anticipated to be accomplished via GPS clocks to be installed in each traffic signal
cabinet (if not already present).
Task 11— Franchise Utility Coordination (Reimbursable/Hourly)
This task includes up to 60 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 of CITY's project schedule during design
• Monitor each utility company's relocation efforts and schedule during construction
Bidding Phase Services (Reimbursable/Hourly)
• Bidding Phase Services to be provided via future contract.
Construction Phase Services (Reimbursable/Hourly)
• Construction Phase Services to be provided via future contract.
2201 West Royal Lane, Suite 275, Irving, TX 75063
Kim ley >>> H orn Attachment A - Page f 1
Record Drawings (Reimbursable/Hourly)
• Record Drawings to be provided via future contract.
Information to Be Provided By the CITY
The CITY shall provide the following to the ENGINEER:
• Record drawings for the project intersection
• Appraisals and title work to be used for the acquisition services, along with document templates
• Hydrologic and hydraulic models and associated drainage data
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 Agreemen
not limited to the following:
• Right-of-way and easement(s) acquisition.
t if budget allows. Additional services include but is
• Developing a base hydrologic/hydraulics model for the study area.
• Reviewing/analyzing the creek crossing under Davis Blvd (FM 1938) south of the intersection
with Continental Blvd.
• Approval/permitting processes for TOOT and Keller.
• Public Meetings.
• Services related to survey for easement or property acquisition and associated documents.
• Services related to historical artifacts and any review or coordination required for the Texas
Historical Commission.
• Hydrologic analyses.
• Hydraulic analyses for Big Bear Creek and additional tributaries other than items specifically
listed in this scope.
• Services related to regulatory permitting outside of that defined herein.
• Submittal of Nationwide Permit Preconstruction Notification.
• Submittal for Section 404 Individual Permit for the proposed project improvements.
• Coordination with the USACE, TCEQ, and other resource or regulatory agencies during agency
review of the permit applications and mitigation. Post submittal agency coordination,
preparation, and submittal of a final mitigation plan (if required), mitigation construction and
monitoring, additional cultural resources review, detailed threatened and endangered species
surveys, tree surveys, or any item not specifically listed in this scope.
• Compensatory mitigation required for permitting.
• 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.
• Hydraulic model conversion from HEC-2 to HEC-RAS.
• Unsteady flow or 2-D hydraulic modeling.
• Final design for the proposed preliminary plans outlined in Task 6 above
• Any services not specifically defined above.
2201 West Royal Lane, Suite 275, Irving, TX 75063 214AM5600
Kimley>>> Horn
Schedule
Attachment A -Page 12
The ENGINEER will provide its services as expeditiously as practical to meet a mutually agreed upon
schedule.
Fee and Billing
The ENGINEER will perform the services identified in the Scope of Services on either a Lump Sum or
Reimbursable/Hourly basis in accordance with the following tasks:
Task 1 — Topographic and Boundary Survey $17,400
Task 6 — Preliminary Design Construction Plans $110,000
Task 7 — Environmental Section 404 Permitting $8,300
Task 8 — Floodolain Feasibility Study $61 500
Total Lump Sum: $197,200
Task 2 — ROW and Easement Document Preparation
$17,000
Task 3 — ROW Agent Services
$51,000
Task 4 — Geotechnical Services
$19,300
Task 5 — Subsurface Utility Engineering (SUE)
$18,000
Task 9 — Regulatory Submittals/Approvals
$5,000
Task 10 —Traffic Signal Operation Strategies
$15,000
Task 11 — Franchise Utility Coordination
$12 500
Total Reimbursable/Hourly:
$137,800
Total Fee: $335,000
The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum
fee of $197,200. 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 $137,800 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.
214.420.5600
ORIGINAL DOCUMENT
A
AGREEMENT FOR ENGINEERING SERVICES CITY OF SOUTHLCouncil Action: YW
Ord./Res. No.
THIS AGREEMENT is made this % day of t�lxn?i DateA��e t5
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 single -lane roundabout at
the intersection of Continental Boulevard and Peytonville Avenue. This project is to be
known as the Continental Boulevard and Peytonville Avenue Roundabout 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
Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
Page 1
D. Coordination with Owner
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to
the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior 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 of
the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants; that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the
proposed Project and business relations with abutting property owners. ENGINEER
further warrants that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under the
contract. Finally, Engineer warrants that it has submitted to the City a completed
Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local
Government Code.
Page 2
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 or preparation of
the subsurface investigations, surveys, designs, working drawings and specifications or
other engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
J. Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON
OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION
OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL,
AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO
THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904
AND SHALL BE CONSTRUED TO THAT EFFECT.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity (except the
indemnitees identified or described in Article I, Section J., above), notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
Page 3
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.
Page 4
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 $165,000 for Basic Services and on an
hourly basis plus expenses basis in an amount not to exceed $47,000 (as outlined in
the attached proposal) with a total not to exceed cost ceiling of $212,000 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;
Page 5
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 together with any additional reimbursable expense then
due.
Page 6
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as
required by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY's consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
Page 7
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 and ENGINEER may modify the Project schedule
during the course of the Project and if such modifications affect ENGINEER's
compensation, it shall be modified accordingly, subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt 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
M
If to ENGINEER: G. Brad Tribble, P.E.
Senior Vice President
Kimley-Horn and Associates, Inc.
2201 West Royal Lane, Suite 275
Irving, Texas 75063
Phone: 214-420-5600
All notice shall be effective upon the date of receipt.
XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
XIV. ARTICLE
VENUE -LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed in two equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
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ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC.
By:
G. Brad Tribble, P.E., S for Vice President
THE STATE OF TEXAS §
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Before me on this day personally appearedG,16Kyhr)T iG%1.> 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
SQni0t0iC.6 F�'K6siDFniT OfKim1E4 ttORNAN4g66oGA7E5 , and acknowledged
to me that he/she executed the same for the purposes and consideration therein
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Page 10
Kimley>>)Horn
May 23, 2019
Project Understanding
Attachment A
Based on previous studies and conceptual layouts prepared under separate agreements by
ENGINEER, and discussions with the CITY, the CITY has requested the ENGINEER to provide design
and construction phase services for the Continental Boulevard and Peytonville Avenue intersection.
The design will be based on the 30% design developed during the Intersection Analyses — Conceptual
Layouts project (prepared under a separate agreement by ENGINEER).
This scope of services includes the design of the following:
• 60% Design of a single -lane, three -leg roundabout at the intersection of Continental Boulevard
and Peytonville Avenue
• Sidewalk and crosswalk improvements at the intersection and adjacent to the
approach/departure legs
Evaluation of phasing/traffic control alternatives
• Hydrologic and hydraulic analyses to determine the proposed crossing configuration to pass
the design storm
• Lighting design and associated photometric analysis of illumination within the roundabout
• Right-of-way and easement document exhibits
Scope of Services
Task 1— Topographic and Boundary Survey (Lump Sum)
The ENGINEER (through a Subconsultant) will perform additional topographic survey for areas beyond
the limits acquired during the Intersection Analyses — Conceptual Layouts project. The following items
will be performed:
• Limits will include the following:
0 150 linear feet north, east and west of the previous survey limits of the Continental
Boulevard and Peytonville Avenue intersection
o A 100-foot wide swath centered on the existing channel, from the headwall at the south
end of the intersection to approximately 150 linear feet downstream and from the north
headwall to approximately 150 linear feet upstream.
o Spot shots shall be taken at the culvert low chord, roadway deck, top of rail, flowlines,
headwalls, and wingwalls.
• 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)
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 type) and gates
o Sidewalks
2201 West Royal Lane, Suite 275, Irving, TX 75063
Kimley>>>Horn
Attachment -Page 2
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 Feld 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 2 — 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 $1,200.00 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 $1,050.00 per
easement. This cost does not include setting corners in the field
Then ENGINEER will coordinate with the surveyor regarding proposed right-of-way and
easements.
ROW Agent Services
To be provided via separate contract for 'Davis Boulevard (FM 1938) and Continental Boulevard
Intersection Improvements.'
Task 3 — Geotechnical Services (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will perform a geotechnical investigation as follows:
Subsurface Exploration.
o Drill and extrude the following:
• Up to four (4) sample borings to up to 10-feet (2) and 15-feet (2) below existing
ground (all within existing pavement where applicable) using truck -mounted
equipment along the roadway
• Up to two (2) sample borings to up to 25-feet below existing ground using truck
mounted equipment at proposed pedestrian bridge abutment locations
• Up to two (2) sample borings up to 30-feet deep below existing ground using
truck mounted equipment at or near each vehicular bridge abutment location
• Samples will be checked for consistency with a hand penetrometer
• Boring locations will be staked
• Bore holes will be backfilled and plugged at the surface;
• Determine D50 (bed material size where 50% of particles are smaller,
mm) for scour analysis [vehicular bridge abutment locations only]
• Record water temperature (temperature taken at the same time as
geotechnical sampling, Celsius) [vehicular bridge abutment locations
only]
Laboratory Services. Considering the planned facilities, anticipated soil conditions, and
geology, the following laboratory tests will be required for classification purposes and to
determine strength characteristics
o Moisture content and soil identification
o Liquid and plastic limit determinations
2201 West Royal Lane, Suite 275, Irving, TX 75063 214.420.5600
Kimley>Morn
Attachment A - Page 3
o Percent passing the No. 200 sieve
o Unconfined compression tests on soil
o Unit weight determinations
o Eades and Grim lime series test
o Design data recommendations for scour and abutment protection [vehicular bridge
abutment and pedestrian bridge abutment locations only]
o Testing to determine design data recommendations for scour, end bearing, lateral
pressures, coefficient of friction, and uplift for bridge and abutment improvements as
well as scour, end bearing, lateral pressures, coefficient of friction, uplift, global
stability, and tieback data for bank stabilization upstream along the west bank.
[vehicular bridge abutment locations only]
Engineering Services
o Prepare an engineering report presenting the following:
• Sample boring location map
• General soil and ground -water conditions
• Recommendations for retaining wall foundation type, depth, allowable loading
• Foundation construction requirements
• Recommended lateral pressures for the design of retaining structures
• An evaluation of the swell characteristics of the subgrade soils
• Recommendations for pavement subgrade type, depth, and stabilization
concentration
• Pavement thickness recommendations in accordance with City of Southlake
standards
• Recommendations on the scour potential for the creek in the proximity of the
structures
• Design data for erosion protection and bank stabilization
o The geotechnical engineer's design recommendations shall be relied upon by the
ENGINEER for the proposed pavement section for Continental Boulevard and
Peytonville Avenue
Submit one (1) copy of the report to the CITY
The ENGINEER will coordinate with the geotechnical engineer and implement
recommendations into the design.
Kim ley >>> H orn Attachment A - Page 4
Task 4 — Subsurface Utility Engineering (SUE) (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will perform SUE Quality Level "B" using
geophysical prospecting equipment to identify CITY and franchised utilities at critical locations.
The ENGINEER, through a subconsultant, will perform up to four (4) SUE Quality Level "A"
potholes at the below rates. Contract amount for this task assumes 4'-8' Deep (Paved Area)
conditions.
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 5 — Preliminary Design Construction Plans (Lump Sum)
This task is for the major portion of preliminary design for this intersection. A minor portion of the
preliminary design fees has been held out of the contract to allow for the addition of the floodplain
feasibility study. It is anticipated that approximately $21,000 of preliminary design fee will be provided
in a future contract with the final design construction plans and other tasks associated with this project.
This task (and the future preliminary design fee) includes the following:
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 plansforthe intersection. 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 Roundabout sheets
• Alignment data sheet for the roundabout which will illustrate the alignment for
each leg
• Paving plan layout sheets
• Pavement marking and signing sheets
• Profile sheets
• Grading sheets
• Jointing Plan
o Temporary signal phasing sheets
o Existing Drainage Area Map
Kimley)))Horn
Attachment A -Page 5
o Proposed Drainage Area Map
o Storm drain hydraulic calculations
o Storm drain plan and profile sheets
o Landscape Plan Sheet for central island (concepts only, sheets to be submitted as part
of Final Design)
o Irrigation Plan Sheet for central island (concepts only, sheets to be submitted as part
of Final Design)
o Lighting Plan
• Photometric analysis of proposed lighting
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
o Pedestrian signal (Rectangular Rapid Flashing Beacon (RRFB), or equivalent) layout
• Four (4) RRFB's will be placed along the west crosswalk
o Utility Adjustment Plan
o Pavement Markings and Signing
o Traffic Control Narrative (plan to be submitted as part of Final Design)
The ENGINEER will submit 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. 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.
Final Design Construction Plans (Lump Sum)
Final Design Construction plans to be provided via future contract.
Task 6 — Temporary Traffic Signal Design (Lump Sum)
The ENGINEER will prepare temporary traffic signal construction plans for the intersection to
be included in the roadway construction plans, or prepared separately to be bid and constructed
separately. The temporary signal is anticipated to be constructed before the roundabout is
constructed, and will be removed after the roundabout is complete. Suggested traffic control
phasing of the traffic signal will be provided in the roundabout construction plans.
The temporary traffic signal is anticipated to be span wire for two approaches with a mast arm
for the third approach due to ROW restrictions.
2201 West Royal Lane, Suite 275, Irving, TX 75063
Kimley>Morn
Bidding Phase Services (Reimbursable/Hourly)
Bidding Phase Services to be provided via future contract.
Construction Phase Services (Reimbursable/Hourly)
• Construction Phase Services to be provided via future contract.
Franchise Utility Coordination (Reimbursable/Hourly)
Franchise Utility Coordination to be provided via future contract.
Record Drawings (Reimbursable/Hourly)
• Record Drawings to be provided via future contract.
Task 7 — Environmental Section 404 Permitting (Lump Sum)
Attachment A - Page 6
The proposed improvements have the potential to cross jurisdictional waters of the U.S. If impacts at
the culvert crossing to waters of the U.S. fit the conditions of Nationwide Permit 14 (Linear
Transportation Projects) and do not trigger notification to the USAGE, then the following tasks below
are applicable. If any triggers for notification to the USAGE are met, then the task listed under Additional
Services is applicable. Additional Services would be applicable if:
• The permit General or Regional Conditions cannot be met;
• Specific triggers for notification to the USAGE are met within the permit;
• The impacts thresholds for the Nationwide Permit program are exceeded (greater than 0.10-
acre, greater than 300-feet of stream impact, and are less than 0.50-acres at the complete
crossing); or,
• The City requests verification from the USAGE.
If impacts exceed 0.50-acres at the crossing, then an Individual Permit would be required and would
be pursued under a separate scope.
The EPA and the USAGE occasionally issue guidance concerning what they intend over which to exert
jurisdiction. Observations will be made under the applicable guidance at the time of the observations.
Subtask 1— Preliminary Jurisdictional Determination
This task will include a review of readily available aerial photography and published data for the
property, including USGS topographic maps and USDA soils maps. This task also includes field
reconnaissance of the study area to determine the extent of potentially jurisdictional wetlands and other
waters of the U.S. that may be subject to Section 404/401. This effort will be performed by a qualified
scientist and the data collected will be used to write the USAGE NWP 14 Descriptive Memo in Subtask
2 below. The field reconnaissance will be based on the professional judgment of ENGINEER, its use
of the USAGE 1987 manual (as modified by the Interim Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Great Plains Region, Version 2, March 2010), and it is understood that
final authority over the delineation of waters of the United States lies with the appropriate federal
agency. Potentially jurisdictional areas will be described in the text of the report and will be graphically
depicted on aerial photography and other base data to give an understanding of the potentially
jurisdictional areas.
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063
Kim ley >>> H orn Attachment A - Page 7
ENGINEER does not anticipate the need to flag or survey aquatic features. If this is required, it can be
performed as an Additional Service under a separate scope of work.
Subtask 2— USACE NWP 14 (Linear Transportation Projects) Descriptive Memo
ENGINEER will provide a descriptive memo discussing the use of Nationwide Permit 14, Linear
Transportation Projects, under a 'non -notification' scenario. The memo can be used to document the
'non -notification' permitting scenario and to provide the selected contractor with information relating to
permit compliance. A description of selected General Conditions as well as a suggested list of Best
Management Practices (BMPs) required for compliance with TCEQ water quality certification will be
included.
This scope is based on the understanding that proposed impacts to waters of the U.S. are less than
0.10-acre and 300-feet or less of stream impact at each separate, single and complete proposed
crossing, the project will not include impacts to 'special aquatic sites' including wetlands and will not
cause stream channelization. This scope will utilize the field work and data collected during the
Preliminary Jurisdictional Determination from the previous Subtask 1.
Though no coordination with the USACE is proposed, the use of this permit constitutes compliance with
appropriate Federal regulations. All terms and conditions of the permit must be met by the owner. This
task assumes coverage under the 2017-2022 nationwide permits. The Descriptive Memo will include
the following information:
• Brief project description, including site exhibits, as it relates to proposed impacts to waters of
the U.S.;
• Site visit photographs to document existing/preconstruction conditions;
• A copy of the NWP 14 permit language with General Conditions;
• State Water Quality Certifications and Conditions;
• NWP Regional Conditions for Texas;
• Cultural Resources information from readily available databases; and,
• Threatened and Endangered Species information from readily available databases.
Task 8 — Floodplain Feasibility Study (Lump Sum)
The project limits include existing box culverts under West Continental Blvd. at an Unnamed Tributary.
The existing crossing likely does not currently contain the existing 100-year storm event. The existing
box culverts are likely undersized and likely do not meet current CITY criteria. Improvements are
anticipated to increase the capacity of the crossing. This Floodplain Feasibility Study task includes
hydrologic and hydraulic analyses to determine the proposed crossing configuration to pass the design
storm.
The project reach of the Unnamed Tributary is Zone A. The project reach of Unnamed Tributary is
included in Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel
48439CO095K dated September 25, 2009 and Tarrant County Flood Insurance Study (FIS) dated
March 21. 2019.
Data Collection
o Request base hydrologic and hydraulic models from CITY and/or FEMA.
o Coordination with CITY to obtain design criteria and existing hydrologic and hydraulic
models.
o This task assumes HEC-HMS and HEC-RAS base models will not be available.
o Work outside of these parameters including but not limited to model conversion from
HEC-2 to HEC-RAS and additional hydraulic analyses due to multiple base models
Kimley>Morn
Attachment A -Page 8
can be performed as Additional Services.
• Hydrologic Analyses
o Develop a drainage area map for the contributing watershed to the West Continental
Blvd. crossing.
o Develop a HEC-HMS model to calculate design flows for existing and ultimate
conditions for the 100-year design storm.
• Existing Condition Modeling
o Develop one HEC-RAS model for existing and ultimate 100-year flows to calculate
existing condition water surface elevations, velocities, and freeboard
o The Existing Condition model is anticipated to include approximately ten (10) cross
sections at the Unnamed Tributary crossing based on LiDAR and topographic survey
data performed under a separate task. The model will extend approximately 150linear
feet upstream and 150 linear feet downstream of the existing culvert crossing. The
HEC-RAS model will not include additional bridges or culverts upstream or
downstream from these limits.
o The HEC-RAS model will likely have boundary conditions based on normal depth and
will NOT tie into existing FEMA or CITY models at the confluence with Big Bear Creek.
• Proposed Condition Alternatives Modeling
o ENGINEER will model up to three (3) alternatives for the proposed crossing
configuration. The anticipated alternatives include:
• Keeping the existing box culverts, adding parallel box culverts, and extending
the box culverts to accommodate any proposed roadway widening if
necessary;
• Increasing the height of the existing box culverts, adding parallel box culverts,
and extending the box culverts to accommodate any proposed roadway
widening if necessary; and,
• Removing the existing box culverts and replacing with a bridge. This
alternative includes up to three (3) bridge geometries to size the crossing.
o ENGINEER can perform additional alternatives as an Additional Service.
• Design with Respect to CITY Criteria
o ENGINEER will perform a hydraulic analysis to determine the preliminary impacts of
the proposed improvements to the subject reach of the Unnamed Tributary in relation
to CITY criteria for water surface elevations and freeboard requirements for the
ultimate 100-year design storm.
o ENGINEER will endeavor to meet the CITY requirement of less than 1' water surface
elevation increase for the ultimate 100-year storm event. It is assumed that if increases
greater than or equal to 1' in existing 100-year water surface elevations are proposed,
a CLOMR and LOMR will be required with future authorization.
o ENGINEER will endeavor to meet the CITY requirement of 2' freeboard at bridges
(measured between the water surface elevation and bridge low chord) and 1' freeboard
at culverts (measured between the water surface elevation and the top of curb).
o Design of improvements will be for the 100-year storm event based upon existing and
ultimate watershed conditions for FEMA and CITY requirements, respectively.
o Containing the ultimate 100-year storm event at the crossing may be infeasible. If the
alternatives modeling does not contain the design storm event, a lower frequency
design storm may be defined at a later time with CITY approval.
o The Floodplain Study will be prepared in accordance with the CITY's Flood Hazard
Ordinance dated March 2011, the CITY's Storm Drainage Policy Ordinance dated June
1994, and FEMA NFIP Title 44 CFR Parts 59, 62, 65, and 70 effective at the time of
this scope of services.
o Preliminary hydraulic impacts will be refined with respect to City criteria with future
authorization.
• Meeting and Selecting Alternative
Kimley)))Horn
Attachment A - Page 9
o ENGINEER will meet with the CITY to present the preliminary HEC-RAS model results
for the three alternatives.
o CITY and ENGINEER will jointly select the desired alternative. Once the alternative
has been selected, the future authorization tasks will be scoped.
o Only the selected alternative will proceed to the next phases of hydraulic modeling and
be included in the final report. Erosion control and grading will be finalized with future
authorization.
Reporting
o ENGINEER will prepare a Floodplain Study submittal to the CITY to report the
proposed condition floodplain design. The Floodplain Study will include the following
information.
• Report text
• Existing Condition hydraulic model data
• Proposed Condition hydraulic model data
• Fully Developed 100-year Hydraulic Workmaps
• 100-year Hydraulic Workmaps
• Digital files
• Submittals and Comments
o ENGINEER will submit up to two hard copies of the Floodplain Study to the CITY.
o Addressing CITY comments will be provided under a separate task.
Task 9 — Regulatory Submittals/Approvals (Hourly)
The ENGINEER's role is limited, and services are only provided upon request from the Client
and billed on a reimbursable basis as labor and direct expenses are incurred. The budgeted
fee for this task is based on approximately 25 hours of ENGINEER labor. If additional effort is
required, it will be performed as an Additional Service.
ENGINEER will respond to CITY comments, as applicable, for the environmental Section 404
permitting and the floodplain feasibility study under this task. Due to the unknown nature of
the comments, effort expended under this task will be billed on an hourly basis in accordance
with ENGINEER's then current hourly rates.
kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063
Ki m I ey >>> Horn Attachment A - Page 10
Information to Be Provided By the CITY
The CITY shall provide the following to the ENGINEER:
• Record drawings for the project intersection
• Appraisals and title work to be used for the acquisition services, along with document templates
Hydrologic and hydraulic models and associated drainage data
Additional Services
Any services not specifically identified in the Scope of Services shall be considered Additional Services.
These may be performed on an individual basis upon written authorization by the CITY at our then
current hourly rates under the existing Agreement if budget allows. Additional Services include but is
not limited to the following:
• Right-of-way and easement acquisition.
• Reviewing/analyzing the creek crossing under Scenic Drive.
• Public Meetings.
• 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.
• Floodway modeling.
• CLOMR preparation.
• LOMR preparation.
• Submittals to FEMA.
• Hydraulic analyses for Big Bear Creek and additional tributaries other than items specifically
listed in this scope.
• Services related to regulatory permitting outside of that defined herein.
• Submittal of Nationwide Permit Preconstruction Notification.
• Submittal for Section 404 Individual Permit for the proposed project improvements.
• Coordination with the USACE, TCEQ, and other resource or regulatory agencies during agency
review of the permit applications and mitigation. Post submittal agency coordination,
preparation, and submittal of a final mitigation plan (if required), mitigation construction and
monitoring, additional cultural resources review, detailed threatened and endangered species
surveys, tree surveys, or any item not specifically listed in this scope.
• Compensatory mitigation required for permitting.
• 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.
• Hydraulic model conversion from HEC-2 to HEC-RAS.
• Unsteady flow or 2-D hydraulic modeling.
• Final design for the proposed preliminary plans outlined in Task 5 above
• Any services not specifically defined above.
2201 West Royal Lane, Suite 275, Irving, TX 75063
Kimley)))Horn
Schedule
Attachment A - Page 11
The ENGINEER will provide its services as expeditiously as practical to meet a mutually agreed upon
schedule.
Fee and Billing
The ENGINEER will perform the services identified in the Scope of Services on either a Lump Sum or
Reimbursable/Hourly basis in accordance with the following tasks:
Task 1 —Topographic and Boundary Survey $12,600
Task 5 — Preliminary Design Construction Plans $44,000
Task 6 — Temporary Traffic Signal Design $22,000
Task 7 — Environmental Section 404 Permitting $8,300
Task 8 — Floodolain Feasibility Study $78 100
Total Lump Sum: $165,000
Task 2 — ROW and Easement Document Preparation $8,000
Task 3 — Geotechnical Services $21,000
Task 4 — Subsurface Utility Engineering (SUE) $13,000
Task g — t'c Ann
Total Reimbursable/Hourly: $47,600
Total Fee: $212,000
The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum
fee of $165,000. 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 $47,000 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.
2201 West Royal Lane, Suite 275, Irving, TX 75063
Attachment C
ENGINEER'S CONTRACT
SUPPLEMENT AGREEMENT NO.
CITY OF SOUTHLAKE
THE STATE OF TEXAS
TARRANT COUNTY
KNOW ALL MEN BY THESE PRESENTS:
ORIGINAL DOCUMENT
CITY OF SOUTIHLAKE
Council Action
Ord./Res. No.
Date Approved
THIS SUPPLEMENT AGREEMENT made and entered into this 9 day of _ 2020, by
and between the City of Southlake, hereinafter referred to as "City" and Kimle. -Horn and
Associates, Inc., hereinafter referred to as the "Engineer".
WITNESSETH THAT:
WHEREAS, the City and the Engineer entered into a contract on June 18, 2019, to acquire
professional engineering services for the Davis Boulevard (FM 1938) and Continental Boulevard
Intersection Improvementsproject; and
WHEREAS the City desires to change the scope of the project to allow for payment of future
"Additional Services" as defined in Section I of the Agreement;
NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of Davis
Boulevard FM 1938 and Continental Boulevard Intersection Improvements, be modified as
follows:
SCOPE OF CHANGE
The scope of the project has expanded to include drainage work at the creek crossing underneath
Union Church Road and an increase of right -of. -way and easement acquisitions. This expanded
scope requires reallocating unused funds from the original agreement to Tasks 12-14. Further
information and details can be found in Exhibit A.
COMPENSATION
The total amount of additional compensation under this contract is $8,325, as shown on Exhibit
A. The Original contract was approved on June 18, 2019 for the amount of $335,000.
TIME OF COMPLETION
Engineering services to be rendered hereunder shall extend the completion time of the agreement
for a duration of 8 weeks.
ORIGINAL CONTRACT
All requirements of the aforesaid contract of Davis Boulevard (FM 1938) and Continental
Boulevard Intersection Improvements, and this Supplement Agreement No. 1, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their
respective officers duly authorized as of the day and year first above written.
Director of Public Works
By:
Shana Yelu on
City Mang
ZVI
AMY SHMEY, Tf '•.,
CITY SECRETARY ............
III
ENGINEER:
KIMLEY-HORN AND ASSOCIATES, INC
L. Nathan Ante
Vice President
Exhibit A to Amendment Number 1
Dated August 14, 2020
Project Understanding:
This amendment includes reallocating unused fee from the original agreement to Tasks 12-14,
resulting in a net fee change of $8,325.
The original agreements for this project and the Continental Boulevard and Peytonville Avenue
Roundabout project included right-of-way (ROW) and easement (ESMT) documentation exhibits
and ROW agent services for six (6) ROW acquisitions and five (5) ESMT acquisitions. Based on
the expanded project scope to include drainage work at the creek crossing underneath Union
Church Road, the 60% design plans include seven (7) ROW acquisitions and eleven (11) ESMT
acquisitions on eleven (11) parcels. Based on discussions with the CITY, we understand that the
CITY is requesting the ENGINEER to provide additional documentation exhibits and ROW agent
services based on the additional ROW/ESMTs identified in the 60% design plans. The City is also
requesting the ENGINEER to provide title services for these acquisitions.
Funds from the following tasks will be reallocated to Tasks 12-14:
• Task 4: Geotechnical Services - $18,000 remaining ($18,000 to be reallocated; scope
removed from agreement)
• Task 5: Subsurface Utility Engineering (SUE) - $13,875 remaining ($13,875 to be
reallocated; scope removed from agreement)
• Task 10: Traffic Signal Operation Strategies - $15,000 remaining ($15,000 to be
reallocated; scope removed from agreement)
• Total fee to be reallocated - $46,875
ENGINEER shall perform the following Additional Services:
Task 12: Additional ROW Agent Services (Reimbursable/Hourly)
The ENGINEER (through a Subconsultant) will provide additional ROW agent services for up to
nine (9) additional ROW/ESMT acquisitions, as requested by the City.
If through the acquisition process it is determined that right-of-way and/or easements are not
needed for a proposed acquisition, the associated fee will not be charged to the CITY.
The following services will be provided:
• Attendance at one (1) Town Hall or similar meeting to be introduced to the affected
Property Owners.
• Review of the title commitments provided for possible title encumbrances.
• Will send to each affected property owner a registered receipt Letter of Introduction, while
waiting for receipt of the appraisal reports.
• Will send each property owner an offer letter packet complete with a copy of the appraisal
report.
• Will follow up with a contact phone call offering to meet and discuss the offer.
• If no response is offered after 45 days, a final offer letter will be sent.
• Will follow up with a contact phone call offering to meet and discuss.
• Prepare condemnation packets for up to four (4) parcels.
• Provide a complete documented file complete with copies of all correspondence and
phone records for each parcel.
The ENGINEER will coordinate with the ROW Agent. The budgeted fee for this task includes
approximately 25 hours of ENGINEER labor (in addition to Subconsultant fee).
The following services are not included in the scope of services, but can be provided as
Additional services:
• Condemnation packets beyond those included in the scope.
• Attendance at hearing or prehearing before the Tarrant County Commissioners Court
Task 13: Title Services (Reimbursable/Hourlv)
The ENGINEER (through a Subconsultant) will research and provide Abstractor Certificates for
up to twelve (12) parcels, which will be used for the right-of-way and easement acquisitions.
These services do not include the following:
• Curative work
• Title policy premium, set by the state
• Escrow fee
• Guaranty fee, set by state
• Actual recording costs
• Releases
The ENGINEER will coordinate with the Subconsultant. The budgeted fee for this task includes
approximately 50 hours of ENGINEER labor (in addition to Subconsultant fee).
Task 14: Additional ROW and Easement Document Preparation (Reimbursable/Hourly)
The ENGINEER (through a Subconsultant) will prepare up to two (2) easement exhibits (in
addition to the documents provided in the original agreement) for a total cost of $2,100. Additional
easement documents can be prepared as Additional Services at $1,050.00 per document. This
cost does not include setting corners in the field. The ENGINEER will coordinate with the
surveyor regarding proposed easements.
The ENGINEER will prepare right-of-way strip maps and individual property exhibits to aid the
ROW Agent discussions with property owners. The budgeted fee for this task includes
approximately 80 hours of ENGINEER labor (in addition to Subconsultant fee).
This space intentionally left blank.
Services Not Included:
Any other services not specifically identified in the additional services listed above.
Fee and Billing:
For the Additional Services set forth above, CITY shall pay the ENGINEER the following additional
compensation:
Reimbursable Fees (Hourly Tasks
Existing Task 4 — Geotechnical Services ($ 18,000)
Existing Task 5 — Subsurface Utility Engineering (SUE) ($ 13,875)
Existing Task 10 —Traffic Signal Operation Strategies ($15,000)
New Task 12 —Additional ROW Agent Services $ 18,300
New Task 13 — Title Services $ 19,000
New Task 14 —Additional ROW and Easement Document Preparation $ 17,900
Total Reimbursable Fees (Hourly Tasks) $ 8,325
The Engineer will provide the Reimbursable Fees (Hourly Tasks) services on a labor fee plus
expense basis. For your budgeting purposes, we recommend allocating a net total of $8,325 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.
ORIGINAL DOCUMENT
CITY OF SOUTHLAKE
Council Action: (DN
Ord./Res. No. .--
ENGINEER'S CONTRACT Date Approved m yo
SUPPLEMENT AGREEMENT NO. 1
CITY OF SOUTHLAKE
THE STATE OF TEXAS
TARRANT COUNTY
KNOW ALL MEN BY THESE PRESENTS:
THIS SUPPLEMENT AGREEMENT made and entered into this rtday of 00% 2020, by
and between the City of Southlake, hereinafter referred to as "City" and Kimley-Horn and
Associates. Inc., hereinafter referred to as the "Engineer".
WITNESSETH THAT:
WHEREAS, the City and the Engineer entered into a contract on June 18, 2019, to acquire
professional engineering services for the Continental Boulevard and Peytonville Avenue
Roundabout project; and
WHEREAS the City desires to change the scope of the project to allow for payment of future
"Additional Services" as defined in Section 1 of the Agreement;
NOW THEREFORE, it is hereby agreed between the parties hereto that the contract of
Continental Boulevard and Peytonville Avenue Roundabout, be modified as follows:
SCOPE OF CHANGE
The scope of the project has expanded and requires reallocating unused funds from Tasks 3 and 4
of the original agreement, Geotechnical Services and Subsurface Utility Engineering (SUE),
respectively, to Task 10 — Right -of -Way Appraisal Services. This is a no cost amendment.
Further information and details can be found in Exhibit A.
COMPENSATION
This is a no cost amendment under this contract as shown on Exhibit A. The Original contract
was approved on June 18, 2019 for the amount of $212,000.
TIME OF COMPLETION
Engineering services to be rendered hereunder shall extend the completion time of the agreement
for a duration of 8 weeks.
ORIGINAL CONTRACT
All requirements of the aforesaid contract of Continental Boulevard and Pevtonville Avenue
Roundabout, and this Supplement Agreement No. 1, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their
respective officers duly authorized as of the day and year first above written.
MU
Director of Public Works
i
By: X9 // A
ShanaY Berton %tttltlllli
CityM na er x%%6 THLgk
AMY S EY, TR C
CITY SECRETARY .......
fill %wo
ENGINEER:
KIMLEY-HORN AND ASSOCIATES, INC
By: 'Z �.
Tem Grant, -RE L. Nathan Ante
Viemot Vice President
Exhibit A to Amendment Number 1
Dated August 14, 2020
Project Understanding
This amendment reallocates unused fee from Tasks 3 and 4 (Geotechnical Services and
Subsurface Utility Engineering (SUE), respectively) of the original agreement to Task 10: Right -
of -Way Appraisal Services. This amendment results in a net zero fee change.
Based on discussions with the CITY, we understand that the CITY is requesting the ENGINEER
to provide Right -of -Way Appraisal Services for this project and the Davis Boulevard (FM 1938)
and Continental Boulevard Intersection Improvements project.
Funds from the following tasks will be reallocated to Task 10:
Task 3: Geotechnical Services - $21,000 remaining ($21,000 to be reallocated; scope
removed from agreement)
Task 4: Subsurface Utility Engineering (SUE) - $7,500 remaining ($7,500 to be reallocated;
scope removed from agreement)
Total fee to be reallocated - $28,500
ENGINEER shall perform the following Additional Services:
Task 10: Right -of -Way Appraisal Services (Reimbursable/Hourly)
The ENGINEER (through a Subconsultant) will provide right-of-way appraisal services as
requested by the City for this project and the Davis Boulevard (FM 1938) and Continental
Boulevard Intersection Improvements project. This task includes obtaining appraisals for up to
twelve (12) parcels, which will be used for the right-of-way and easement acquisitions of both
projects
The ENGINEER will coordinate with appraiser. The budgeted fee for this task includes
approximately 20 hours of ENGINEER labor (in addition to Subconsultant fee).
Services Not Included:
Any other services not specifically identified in the additional services listed above.
Fee and Billing:
For the Additional Services set forth above, CITY shall pay the ENGINEER the following additional
compensation:
Reimbursable Fees (Hourly Tasks):
Existing Task 3 — Geotechnical Services ($21,000)
Existing Task 4 — Subsurface Utility Engineering (SUE) ($7,500)
New Task 10 — Right -of -Way Appraisal Services $ 28,500
Total Reimbursable Fees (Hourly Tasks) $ 0
The Engineer will provide the Reimbursable Fees (Hourly Tasks) services on a labor fee plus
expense basis. For your budgeting purposes, we recommend allocating a net total of $0 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.