Item 4H - ESAAGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of 2024 by and
between the City of Southlake, Texas (hereinafter referred to as "CITY"), and KIMLEY.
HORN AND ASSOCIATES, INC. (hereinafter referred to as "ENGINEER").
WHEREAS, CITY contemplates the need to obtain a feasibility study package,
phasinq plan, perspective renderinqs, preliminary cost estimates, and due diliqence
reports for the Southlake Sports Complex. This project is to be known as the Southlake
Sports Complex 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, with 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.
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.
1. Approval by CITY
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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.
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.
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,
objectivesI 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.
10. Provide any other information or assistance as outlined in Attachment A
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 $253,000 for Basic Services and on an
hourly basis plus expenses in an amount not to exceed $0.00 (as outlined in the
attached proposal) with a total not to exceed cost ceiling of $253,000 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 B) 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
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
,are 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
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation -Statutory Employer's Liability -Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY's consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
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without prior written notice to CITY. In this connection, upon the signing and return of
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be 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 cered mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Alison Ortowski
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: Katherine Utecht, PLA, LI
Senior Project Manager
Kimley-Horn and Associates, Inc.
801 Cherry Street, Suite 1300
Fort Worth, Texas 76102
Phone: 817-339-2280
Fax: N/A
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:
Shawn McCaskill, Mayor
ATTEST:
By:
City Secretary
ENGINEER: Kimlev-Horn and Associates, Inc.
By. -AV064 7
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Bradley J. Hill!Regional Contract Specialist
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A.D. 2024
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ATTACHMENT A
Kimley»>Horn
May 23, 2024
Mamerto Estepa
Public Works Project Manager, City of Southlake
1400 Main Street, Southlake, Texas 76092
817-748-8637
MEstepa@ci.southlake.tx.us
Re: Letter Agreement for Professional Services for Southlake Sports Complex in Southlake,
Texas
Dear Mr. Estepa:
Kimley-Horn and Associates, Inc. ("Professional" or "Consultant") is pleased to submit this letter
agreement to City of Southlake ("Client") for providing a feasibility study package for the Southlake
Sports Complex. Our project understanding, scope of services, schedule, and fee are below.
Project Understanding
This project consists of preparing a feasibility report, phasing plan, perspective renderings,
preliminary cost estimates, and civil engineer due diligence for the Southlake Sports Complex and
existing Public Works Operations site.
Scope of Services
The following task outlines in the Scope of Services area anticipated to be completed as part of this
project.
Task 1 Project Management and Design Coordination
The Consultant will manage the contract, document project meetings, and monitor the deliverables.
Consultant will provide timely invoicing and reporting of project progress to the Client. The effort
included in this task relates to project meetings, design coordination, correspondence with Client and
team, and preparing for and attending review meetings. If requested, a kick-off call between the Client
and Consultant shall be conducted once we receive Notice to Proceed (NTP) to discuss any
modifications or updates to the project. The call will occur within two (2) weeks of the Notice to Proceed
(NTP). The preliminary agenda for the kick-off call will consist of:
• Scope of Services and responsibilities
• Project objectives
• Information needs
• Schedule milestones
Note: Consultant will be responsible for meeting logistics such as in -person meetings, online hosting
(MS Teams or Zoom), and will document calls with meeting notes. Notes will be submitted to the Client
for review.
Meetings:
Kimley»>Horn
• One (1) project kick-off meeting
• Two (2) meetings to discuss feasibility report and phasing plan
• One (1) meeting to discuss final deliverable package
Deliverables:
One (1) project kick-off meeting notes (PDF)
• Two (2) progress meeting notes (PDF)
• One (1) final deliverable package meeting notes (PDF)
Task 2 Environmental Site Assessment -Phase 1
Consultant will prepare one Phase I ESA report encompassing findings from the Subject Property and
will be valid for a period of 180 days from the start of the investigation. The Phase I ESA will be
performed in general accordance with the methods outlined in the United States Environmental
Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AAI), 40 CFR Part
312 and guidelines established by the American Society for Testing and Materials (ASTM) in the
Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment
Process/Designation E 1527-21 (ASTM Standard Practice E 1527-21). The following tasks refer to
only that information defined as reasonably ascertainable per ASTM E 1527-211 3.2.72.
Consultant will conduct the efforts listed below:
Records Review— review the following records and data:
o User Provided Information —all information requested from the Client as detailed
below
o Record Search — environmental database search prepared in general
accordance with the minimum search distances listed in ASTM E1527-21, 8.2.2
and state and local environmental agency files, where available, and if the
Environmental Professional (EP) determines the files to be reasonably
ascertainable and relevant to the Phase I ESA
o IC/EC Registries —databases on institutional and engineering (IC/EC) controls
and Activity Use Limitations (AULs).
o Aerial Photograph Review — historical aerial photographs of the site and the
surrounding vicinity to the earliest date that is reasonably obtainable.
o Review of Local City Directories and Historical Maps — historical city directories,
fire insurance maps, and historical topographic maps.
Tier 1 Vapor Encroachment Screening (VES) — perform a Tier 1 VES in general
accordance with the methods outlined in ASTM E2600-22 with the purpose of identifying
if a Vapor Encroachment Condition (VEC) exists in association with the subject property.
Site Reconnaissance of the Subject Property —to observe exterior site conditions, interior
site conditions, evidence of current and past uses of the property, and evidence of
current and past uses of the adjoining properties as viewed from the subject property and
Kimley»>Horn
public thoroughfares. All site reconnaissance will be non-invasive and limited to up to one
person in the field for one day.
Interviews With:
o Current and past owners, operators and occupants of the subject property
Current neighboring or nearby property owners in the case of abandoned
properties where there is evidence of uncontrolled access or unauthorized uses
One or more of the following state or local agencies: fire department, health
agency, and/or environmental regulatory agency
User Provided Information:
We shall be entitled to rely on the completeness and accuracy of all information provided by the
Client or the Client's consultants or representatives. The Client shall provide all information requested
by Consultant during the project. This information is necessary for the Client (or prospective
purchaser) to meet the requirements of the Landowner Liability Protections (LLPs) (ASTM E 1527-211
1.1 and 3.2.47) and for Consultant to conduct the Phase I ESA consistent with ASTM E 1527-21.
The following information is required prior to the site reconnaissance:
Confirmation of the Subject Property limits, address, tax parcel ID and acreage
Site access to all portions of the Subject Property and structures
Completed User Questionnaire
Existing survey or site plan depicting the existing condition, if available
Task 3 Drainage Study
Consultant will collect available data from the City in combination with Lidar and on -site survey (obtained in
a separate task) to determine the existing drainage conons of the site location. In the proposed
conditions, an evaluation will be performed to determine the post project flow at each design point.
The proposed design may include swales and storm pipe to route the flow around the site. It is
anticipated that a detention pond may be needed and would share the footprint of the retention pond.
One pond will be designed and included as part of this project. It is anticipated that the rational
method will be used for the design of the pond, storm and swales. This task includes preparation of a
technical memo documenting the assumptions and design parameters for the project. The task
includes permitting with the City. This task does not include any permitting with FEMA, TCEQ,
USACE or other governmental authority.
Deliverables:
One (1) technical memo to include in feasibility report (PDF)
Task 4 Feasibility Report and Phasing Plan
One (1) site visit will be performed to review base map, inventory elements, site and adjacent
property uses, transportation (roadway and greenway) connectivity, and area vicinity map. Consultant
will rely on all material provided by the Client to be accurate and complete. Additional work due to
Kimley»>Horn
incomplete or inaccurate information provided by the Client may be revised or corrected for additional
services upon authorization by Client.
As a derivative of the planning process to -date, Consultant will prepare one (1) feasty plan package,
highlighting the park improvements based upon site analysis and inventory and program definition. The
feasibility report will consist of the following items:
Acknowledgements
• Project Process, Purpose, and Next Steps
• Map development
• Programmatic functional diagram
• Opportunities and challenges
• Comparable facilities
• Concept Design package
Architecture, electrical package
Cost estimates
• Phasing diagram
• Closing
Consultant will submit the package to the Client for review. The Client will provide one (1) set of
comments for the Consultant to address. Consultant will facilitate two (2) meetings with the Client to
review the conceptual design package. Based upon input from the Client documented during the
review session, the Consultant will update materials into one (1) single, preferred final conceptual
design package.
The Consultant will prepare one (1) final phasing package with reference imagery and cost estimates.
The package will consist of the following:
• Three (3) illustrative phasing plans with reference imagery (20' scale min.) for the sports
complex
o Option A
o Option B
o Option C
• Three (3) perspective renderings with modeling for each of the three (3) phasing plans —
three (3) renderings only
Three (3) Opinion of Probable Construction Cost (OPCC) for each concept plan
Consultant will submit the package to the Client for review. The Client will provide one (1) set of
comments for the Consultant to address. Consultant will facilitate two (2) meetings with the Client to
review the feasibility report and phasing diagram package. Based upon input from the Client
documented during the review session, the Consultant will update materials into one (1) final
deliverable package including the three (3) phasing diagrams, three (3) OPCC, and three (3)
perspective renderings.
The OPCC will be submitted one (1) time for Client review and comment. Consultant will incorporate
Client comments into a final Cost Estimate.
Kimley»>Horn
Because the Consultant does not control the cost of labor, materials, equipment or services furnished
by others, methods of determining prices, or competitive bidding or market conditions, any options
rendered as to costs, including but not limited to opinions as to the costs of construction and
materials, shall be made on the basis of its experience and represent its judgement as an
experienced and qualified professional, familiar with the industry. The Consultant cannot and does
not guarantee that proposals, bids, or actual costs will not vary from its opinions of cost.
Deliverables:
• One (1) feasibility report (PDF)
• Three (3) phasing diagrams with reference imagery (PDF) based on the final concept
design (by others)
• Three (3) opinion of probable construction costs (PDF) based on the phasing diagrams
and final concept design (by others)
Task 5 Civil Engineering Due Diligence and Narrative
Consultant will work to obtain Record Drawings for existing water, sanitary sewer, storm drainage, and
roadway improvements on or immediately adjacent to the site. Record Drawings and design guidelines
will be utilized to write a civil engineering narrative describing the anticipated improvements and how
the grading and utilities will be modified to meet the final concept (by others).
The Consultant will perform the below tasks with written authorization from the Client.
Task 6 Geotechnical Investigation Report
The Consultant will utilize ageo-technical engineer to provide and perform ageo-technical
investigation and report of the project area to determine subsurface conditions and make
recommendations regarding subsurface design parameters. The Consultant will provide an exhibit
showing the proposed boring locations. The geotechnical investigation will consist of subsurface
exploration including seven (7) sample bores drilled to a depth of 20 feet in the area shown on a
boring exhibit. A boring exhibit will be provided once the project is kicked off. Laboratory tests for
classification purposes and strength characteristics. Recommendations addressing soil and
groundwater conditions for proposed landscape and hardscape improvements. Prepare a
geotechnical report that presents the results of the field and laboratory data as well as analysis and
recommendations.
Deliverables:
• One (1) digital PDF map of the subsurface utilities
The report will be made available to the Client upon time of completion for review and direction for
design. The data contained in the geotechnical report will be made available to contractors during the
Adding process for information purposes.
Kimley>»Horn
Task 7 Subsurface Utility Engineering Study
The Consultant will utilize a subsurface utility engineer to provide and perform SUE information
regarding the project area. The scope includes Quality Level (QL) "B" SUE. Utilities to be designated
include gas, telecommunications, electric, traffic signals, storm, water, and sanitary sewer.
Designated marks surveyed using project control points will be provided. Any necessary Right -of -
Entry (ROE) permits will be provided prior to the start of field work.
Deliverables:
• One (1) digital PDF map of the subsurface utilities
Task 8 Topographic Survey
The Consultant will prepare a topographic survey for the subject project, as indicated on the attached
"Exhibit A" for the purpose of preparing construction documents. The Consultant will survey existing
limits along the areas designated in the attached exhibit, and will consist of guardrails, fencing, traffic
poles, signs, and other observed above ground physical features.
The Consultant will prepare an electronic map showing existing contour lines at 1' intervals based on
a nominal 50' grid system, along with major grade breaks.
Visible evidence of utilities, including water valves, storm inlets, sewer cleanouts, electrical lines,
telephone lines and gas lines will be located. This task does not include subsurface utility locations.
The Consultant will set on -site temporary benchmarks in close proximity to each median.
Horizontal and vertical datum will be provided, or the Consultant will use Texas State Plane Coordinate
system.
Deliverables:
• One (1) digital CAD file of topographic survey
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Additional services we can provide include, but are not
limited to, the following:
• Drainage analysis or flood study
• Construction documents
• Bidding phase services
• Construction contract services
• Additional conceptual designs and renderings
• Any permitting
• Any services not listed in the Scope of Services
Kimley>»Horn
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client
or the Client's consultants or representatives. The Client shall provide all information requested by
Professional during the project, including but not limited to the following:
• GIS data of project area
• Survey or CAD files of project area
Existing utility data or information of project area
• As -built drawings
• Architecture design and specifications
Schedule
Consultant will provide these services within a mutually agreed upon schedule. Consultant anticipates
receiving the Notice to Proceed in late June 2024. The Consultant will prepare the preliminary phasing
plans and feasibility report from June 2024 to early August 2024. Consultant will prepare the final
deliverable package end of August 2024. The Consultant will meet the anticipated final deadline for
September 2024.
Fee and Expenses
Consultant will perform the services in Tasks 1 for the total lump sum fee below.
Task 1 Project Management and Design Coordination
Task 2 Environmental Site Assessment -Phase 1
Total Lump Sum Fee
$ 15000
$ 253,000
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Professional project number.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to
City of Southlake.
Kimley>»Horn
Professional, in an effort to expedite invoices and reduce paper waste, submits invoices via email in a
PDF. We can also provide a paper copy via regular mail if requested. Please include the invoice
number and Kimley-Horn project number with all payments. Please provide the following information:
Please email all invoices to
Please copy
We appreciate the opportunity to provide these services. Please contact me if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
}.IdX►�P.t'Ih1
Katherine Utecht, PLA, LI
Project Manager
Bradley J. Hili/
Regional Contract Lead
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ATTACHMENT B
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Kimley-Horn and Associates, Inc.
Hourly Labor Rate Schedule
Classification
Analyst I
Analyst II
Professional
Senior Professional
Senior Professional II
Senior Technical Support
Technical Support
Support Staff
Effective through June 30, 2024
Subject to annual adjustment thereafter
Rate
$135 - $175
$180 - $225
$220 - $255
$265 - $325
$350 - $415
$120 - $300
$110 - $175
$DO - $150
Internal Reimbursable Expenses will be charged at 5% of Labor Billings
External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract
Sub -Consultants will be billed per the Contract
kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102 817-335-6511