Loading...
Item 4R - MemoItem 4R Page 1 of 2 M E M O R A N D U M (April 5, 2022) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Engineering Services Agreement with KSA Engineers, Inc. (KSA) to provide engineering design services for erosion protection improvements at Timarron Creek near Longford Drive in an amount not to exceed $115,000. Action Requested: Approve an Engineering Services Agreement with KSA Engineers, Inc. (KSA) to provide engineering design services for erosion protection improvements at Timarron Creek near Longford Drive in an amount not to exceed $115,000. Background Information: The purpose of this project is to reinforce several areas where the city’s wastewater infrastructure has been exposed to excessive erosion. Two sanitary sewer manholes and a sewer pipeline are exposed to stream flows, potentially compromising the integrity of the sewer system. The field work will be confined to Timarron Creek near Longford Drive in the Wyndsor Creek subdivision. The project will include design improvements to provide armoring protection to sanitary sewer infrastructure that has become compromised. The desire is to implement permanent erosion control along the bank, restore the sanitary sewer manhole to its previous state and restore protection to the sanitary sewer line so that critical infrastructure is protected to preserve the integrity of the wastewater system. These improvements are based on recommendations assembled by Jones & Carter in the Preliminary Engineering Report titled V.2 Final Southlake Channel Erosion Control Improvements, dated February 10, 2022. The scope of services includes design, surveying, bid phase and construction administration. The agreement also includes additional contingency of $15,840 for unforeseen changes to the project scope that would be deemed necessary. Special services identified within this agreement will require additional written authorization by the City. Item 4R Page 2 of 2 Financial Considerations: Funding for this agreement is budgeted as part of the approved Capital Improvement Program. This agreement is within the project budget. Strategic Link: These items link to the City’s Strategy Map strategic focus areas of Safety & Security, Infrastructure, and Performance Management & Service Delivery. It specifically relates to the City’s Corporate Objectives, C1: Achieve The Highest Standards Of Safety & Security, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcome is, CBO3: Engage In Thoughtful Planning To Ensure Continued High Quality Development That Is Integrated Well Into The Current Built Environment. 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. Supporting Documents: Attachment A: Engineering Services Agreement Staff Recommendation: Approve an Engineering Services Agreement with KSA Engineers, Inc. (KSA) to provide engineering design services for erosion protection improvements at Timarron Creek near Longford Drive in an amount not to exceed $115,000. Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., Deputy City Engineer Kevin Taylor, P.E., Civil Engineer Page 1 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this _____ day of ____________, 2022 by and between the City of Southlake, Texas (hereinafter referred to as “CITY”), and KSA Engineers, Inc. (hereinafter referred to as “ENGINEER”). WHEREAS, CITY contemplates the need for the design of permanent erosion control and stream stabilization measures at three sites where City of Southlake sanitary sewer facilities are near or within Timarron Creek. This project is to be known as the Erosion Protection Improvements at Timarron Creek near Longford Drive 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 Attachment A Page 2 agreement and this Agreement shall be modified in writing accordingly. D.Coordination with Owner The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY’s possession relative to existing facilities and to the Project. E.Site and Local Conditions ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER’s employees will be made with CITY. F.Assignment and Subcontractors/Third Party Rights The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior 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 3 I.Approval by CITY Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be a waiver or an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGINEER’s professional services or in the conduct 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 4 L.Successors and Assigns CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party to this Agreement and to the successors, executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. II. ARTICLE CITY’S RESPONSIBILITIES CITY will: 1.Provide full information as to CITY’s requirements for the Project; 2.Assist ENGINEER by placing at ENGINEER’s disposal all information in CITY’s control or knowledge which is pertinent to the Project, 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 5 10.Provide any other information or assistance as outlined in Attachment B hereto. 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 $53,900 for Basic Services and on an hourly basis plus expenses in an amount not to exceed $45,260 (as outlined in the attached proposal) with a total not to exceed cost ceiling of $99,160 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 B) for actual time expended and actual out-of-pocket sums expended, such services to be one or more of the following: Page 6 1.Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2.Appearances before courts or boards on matters of litigation or hearings related to the Project; 3.Preparation of environmental impact assessments or statements for any governmental agency; 4.Miscellaneous engineering work for CITY not related to the Project; 5.To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; 6.Other services agreed to by the parties in writing and incorporated herein. VI. ARTICLE STANDARD OF CARE In performing its professional services, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided 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 Page 7 through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE OWNERSHIP OF DOCUMENTS 1.All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shall become the property of CITY if this Agreement is terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2.Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY’s sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER’s expense, insurance of the type and of minimum coverage limits as follows: 1.Workers Compensation - Statutory Employer’s Liability - Limits as required by the State of Texas. 2.Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3.Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY within ten (10) business days after execution of this Agreement and prior to issuing Notice to Proceed. Such certificates shall provide that the insurer will give CITY not less than ten (10) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY’s consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor’s services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the Page 8 minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY’s acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed by September 7, 2022. 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 Page 9 If to ENGINEER:Abiel Carrillo, P.E. Municipal Team Leader KSA Engineers, Inc. 8866 Synergy Drive McKinney, Texas 75070 Phone: (972) 542-2995 Fax: (800) 224-9418 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:_________________________________ John Huffman, Mayor ATTEST: By:_________________________________ City Secretary Joncie Young, P.E. Director of Client Services KSA Engineers, Inc. 140 E Tyler St # 600 Longview, TX 75601 c/o Abiel Carrillo, P.E. Municipal Team Leader Phone: (972) 542-2995 Fax: (800) 224-9418 EXHIBIT A – KSA PROPOSAL DATED 3-10-22 SCOPE OF SERVICES Erosion Protection Improvements at Timarron Creek near Longford Drive Erosion Protection Improvements at Timarron Creek near Longford Dr - City of Southlake Page 1 of 7 I. PROJECT DESCRIPTION The project involves the design of permanent erosion control and stream stabilization measures at 3 sites where City of Southlake sanitary sewer facilities are near or within Timarron Creek within the open space of the Wyndsor Creek subdivision. The design will be based on recommendations assembled by Jones|Carter in the Preliminary Engineering Report (“the PER”) titled V.2 Final Southlake Channel Erosion Control Improvements, dated 2-10-22. For reference, this group of sites is described as “1001 Longford” in the PER. II. GENERAL REQUIREMENTS A. Specific design requirements shall be obtained from the City of Southlake Engineering Design Standards, and supporting references and material types will be based on recommendations contained in the PER. Other criteria would be discussed with the city during the early stages of design. B. Plans will be populated with the requirements of the City’s Construction Plan Checklist, as applicable for this type of project. C. KSA will show 811 utility line spots and submit information to franchise utilities at the city’s direction. D. Each time KSA prepares plans and/or specifications to the city, electronic copies of each shall be submitted, unless otherwise requested. These shall be reviewed and checked by city and returned to KSA with comments. When the corrected copies of the plans and specifications are returned to the city, the original and reviewed plans and specifications shall also be returned with a summary of changes. Plans, specifications, documents, provisions, attachments, and correspondence provided in accordance with this contract will be dated. E. KSA will submit monthly project updates, and updated schedules with milestone deliveries. F. Where approved by the city, we will implement the use of site photos and field measurements to convey information to the contractor if a topographic survey is not used. EXHIBIT A – KSA PROPOSAL DATED 3-10-22 SCOPE OF SERVICES Erosion Protection Improvements at Timarron Creek near Longford Drive Erosion Protection Improvements at Timarron Creek near Longford Dr - City of Southlake Page 2 of 7 III. TASK SUMMARY A. SCHEMATIC DESIGN AND WORKSHOP 1. Field Investigations - We anticipate field reviews to collect measurements, and photos, to support the construction drawings where a topographic survey may not capture sufficient detail of specific erosion patterns, vegetation, and other features. 2. Design – KSA will prepare a conceptual schematic design. The intent is to review the proposed improvements with the city at one workshop-style session. The schematic will be scaled and will show all major elements of design. The intent of this design stage is to receive approval of the design methods and discuss modifications to the recommendations of the PER based on the topographic data and/or field investigations. 3. Opinion of Construction Cost (OPCC) – KSA will prepare a planning-level OPCC, and deliver along with the schematic design. 4. Utility Coordination – KSA, at the direction of the city will distribute the schematic design to city and franchise utility contacts to evaluate the need for, or make adjustments to attempt to avoid, unanticipated relocations. B. PRELIMINARY DESIGN PLANS (60%) 1. Design – Once the schematic plans are approved, we will prepare and submit electronic Preliminary Design Plans for review that are printable on 11” x 17” sheets. Preliminary Design Plans must be approved by the city prior to KSA commencing with the preparation of Final Design Plans. The use of a specific scale will depend on the activation of topographic survey. Preliminary Design Plans will include, at a minimum, the following information: a. Title Sheet/Index b. Project Layout & Intent c. Site 1 Design Sheets d. Site 2 Design Sheets e. Site 3 Design Sheets f. Typical Sections, Details and other Relevant Drawings g. Conceptual Temporary Construction Controls EXHIBIT A – KSA PROPOSAL DATED 3-10-22 SCOPE OF SERVICES Erosion Protection Improvements at Timarron Creek near Longford Drive Erosion Protection Improvements at Timarron Creek near Longford Dr - City of Southlake Page 3 of 7 2. OPCC – KSA will update the OPCC to reflect the Preliminary Design and comments from the Schematic Design. 3. Utility Coordination – KSA will prepare submittals for franchise utility use in determining potential conflicts with the proposed improvements. It is assumed that the city would be the utility contact for the known interactions with sanitary sewer facilities. 4. Design Review and Field Meetings – We anticipate holding a review meeting at the city and/or on site to review the plans. C. FINAL DESIGN / CONSTRUCTION PLANS (90%/100%) – Once the Preliminary Plans are completed and reviewed, KSA will continue design through Final Design stage. Final Design Plans shall be consistent with the content and format of the Preliminary Design Plans and shall include the following: a. Title Sheet/Index b. Project Layout & Intent c. Final Site 1 Design Sheets d. Final Site 2 Design Sheets e. Final Site 3 Design Sheets f. Cross Sections g. Typical Sections, Details and other Relevant Drawings h. Temporary Construction Controls Plan delivery is anticipated to be electronic, but Consultant shall print hard copies if requested by city. 5. Construction Opinion of Cost – We will update the OPCC according to the advancement of the plans. 6. Final Plans, Specs, and Estimate (PSE) – Once all comments from the city are addressed, KSA will produce the Project Manual, using the city’s template and boilerplate documents, and plot and seal the PSE package. D. COMPLETION OF RECORD DRAWINGS – KSA will prepare construction Record Documents based on information received from the Construction Contractor. Our project plan assumes receiving redline markups from the Contractor within 30 days of final completion. EXHIBIT A – KSA PROPOSAL DATED 3-10-22 SCOPE OF SERVICES Erosion Protection Improvements at Timarron Creek near Longford Drive Erosion Protection Improvements at Timarron Creek near Longford Dr - City of Southlake Page 4 of 7 IV. TASK SUMMARY, SPECIAL SERVICES A. Topographic Design Survey – KSA will furnish a survey field party to collect field information to prepare detailed plans, specifications, and contract documents consistent with prevailing engineering standards. This field information will be based on the city’s survey standards (or NAD-83 in the absence of a preference) and will be limited to the project area plus a 15-20 ft buffer. KSA intends to sub- contract these services with Surveying and Mapping, LLC (SAM). B. Resident Coordination Meeting – We will plan for an informal meeting with the residents that live near the project, in conjunction with a regularly scheduled site visit or plan review site visit with the city. C. Coordination with other Consultants – We understand that the city may elect to compile the design work of more than one Consultant into a single plan set and Project Manual. This optional task involves the integration of other Consultant’s work into KSA’s Design Plans. We expect the work of other Consultants to be sealed by the third-party engineer and delivered as an electronic set of complete sheets in PDF format. KSA will incorporate into the plan set as-is and would not be responsible for issues that arise from the information contained in those sheets. D. RPR Services – KSA can provide Resident Project Representative services to observe the work of the contractor during construction. Because of the nature of the project, we anticipate that the most substantial work is completed within the first 5-6 weeks of construction. E. Bid Phase Services – If requested, KSA will support the city with basic bid phase services, to include the following tasks: 1. Preparation of Bid documents 2. RFIs and Clarifications - Assisting City Staff with clarifications of plans and specifications, and RFI responses 3. Addenda – Clarifications and interpretations of Design, excludes additional design not included in original scope. 4. Reviewing Qualifications, Tabulation of Bids - Assisting City Staff with review of Contractor’s qualifications and Tabulation of Bids 5. Conformed Documents – Incorporating addenda/RFI/clarifications into conformed documents for use during construction EXHIBIT A – KSA PROPOSAL DATED 3-10-22 SCOPE OF SERVICES Erosion Protection Improvements at Timarron Creek near Longford Drive Erosion Protection Improvements at Timarron Creek near Longford Dr - City of Southlake Page 5 of 7 6. Preparation of Information for Award – Prepare bid information letter for consideration of award 7. Online Bidding Platform Management – Distribute plans and issue notices and addenda through the Civcast planholder management system (www.civcastusa.com). F. Basic Construction Administration – These services are intended to assist the city in administering the contract for construction, monitoring the performance of the construction Contractor, verifying that the Contractor’s work is in substantial compliance with the contract documents, and assisting the city in responding to the events that occur during construction. Consultant shall provide Construction Administration Services as defined below. 1. Pre-Construction Conference – KSA will attend the preconstruction conference with the Contractor to review the Project communication, coordination and other procedures and discuss the Contractor’s general work plan and requirements for the Project. 2. Review of Shop Drawings, Samples and Submittals – KSA will receive and review the Contractor’s shop drawings, samples and other submittals for conformance with the design concept and general compliance with the requirements of the contract for construction. KSA will log and track shop drawings, samples and submittals. 3. Requests for Information – KSA will review the Contractor’s requests for information or clarification of the contract for construction. KSA will track the requests and issue responses to the City. 4. Site Visits – Perform periodic visits to project site during the course of construction. 5. Review of Contractor’s Requested Changes – KSA will review Contractor- requested changes to the contract for construction. KSA will make recommendations to the city regarding the acceptability of the Contractor’s request. Upon agreement and approval, KSA will prepare change order documents for processing. EXHIBIT A – KSA PROPOSAL DATED 3-10-22 SCOPE OF SERVICES Erosion Protection Improvements at Timarron Creek near Longford Drive Erosion Protection Improvements at Timarron Creek near Longford Dr - City of Southlake Page 6 of 7 6. Final Punch List and Field Reviews – KSA will attend final site walkthrough at the request of city staff with Contractor and provide comments to city staff for inclusion in the punch list. V. EXCLUSIONS - The following services are beyond the Scope of Services described in the tasks above. However, KSA can provide these services, if needed, upon the city’s request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These Additional Services include the following: a. Construction Staking b. Monumentation Services c. Environmental Services d. Right of Way investigation or acquisition services e. Waters of the US Investigations (It is anticipated that these projects will fall under the existing National Permit that covers regular local maintenance) f. Federal-aid grant assistance g. Title Research h. Sampling or Testing for Hazardous Materials i. Structural Design other than previously noted j. Drainage Studies beyond the individual computations for dimensioning erosion protection BMP’s. k. Coordination with regional flood control authorities, or FEMA flood map revision letters and/or modeling. l. Design of any offsite drainage improvements that may be identified during the Conceptual Design task, other than those specifically identified previously in this scope of services. m. Eminent Domain Support Services n. Preparation of Multiple Bid Packages EXHIBIT B – KSA PROPOSAL DATED 3-10-22 PROPOSED BUDGET Erosion Protection Improvements at Timarron Creek near Longford Drive Erosion Protection Improvements at Timarron Creek near Longford Dr - City of Southlake Page 7 of 7 We propose to complete the Scope of Services outlined in Exhibit A as described below: BASIC SERVICES LUMP SUM 1. Field Investigations $3,500 2. Schematic Design + Design Workshop $6,000 3. Preliminary Plans $25,500 4. Final Plans $17,500 5. Record Drawings $1,400 Subtotal Basic Services $53,900 ADDITIONAL SERVICES NOT-TO-EXCEED 6. Topographic Survey $9,000 7. Resident Coordination Meeting (Based on 6 hrs. of effort) $1,380 8. Integration of 3rd Party Construction Drawings $1,750 9. Integration of 3rd Party Specifications $1,380 10. Bidding and Award Support $9,250 11. Basic Construction Svcs. $13,500 12. Part-Time RPR Services (Based on 4 hr. days x 4 weeks) $9,000 Subtotal Additional Services $45,260 Project Total Not-to-Exceed $99,160