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Item 4J - Agreement for KSAAGREEMENT 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 KSA (hereinafter referred to as "ENGINEER"). WHEREAS, CITY contemplates the need to undertake the design and construction of new sidewalks, waterline upgrades and replacements, and related improvements along Randol Mill Ave between Morgan Rd and the northern town limit just south of Dove Rd. This project is to be known as the Phase II Design, Bidding, Construction, and Additional Services for Randol Mill Sidewalk 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 Page 1 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 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 10. Provide any other information or assistance that is reasonable and available to ENGINEER. For example, plats, GIS data files, record drawings, and other relevant information. 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 (Phase II), the ENGINEER shall be paid on a lump sum basis in the amount of $117,320 for Basic Services and on an hourly basis plus expenses in an amount not to exceed $227,610 (as outlined in the attached proposal) with a total not to exceed cost ceiling of $344,930 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 Citv 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-KSA 2024 Hourly Rates) 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 Page 5 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 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) Page 7 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 March 28, 2024. 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: Alison Ortowski City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817-748-8400 Fax: 817-748-8010 Page 8 If to ENGINEER: Abiel Carrillo, P.E., C.F.M. Municipal Practice Leader KSA Engineers 8866 Synergy Drive Mckinney, TX, 75070 Phone: 505-366-4743 Email: acarrillo(a)ksaena.com 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 Page 9 ENGINEER: KSA ENGINEERS, INC By: YOUN .E., D CTOR OF CLIENT SERVICES THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared JduCt� 1�l twum known to me [or proved to me on the oath of or through K,! A e-N. #OeM& (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 t RGCTDR- of 0,,L-LENT 1S&Qjj IGCs , and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Giv n under my hand and seal of office this � � of A.D. 2MLT . day An (SEAL) Notary Public, State of Texas .`"�"'��� MARY-ELLEN FLORES ::°;���'s_Notary Public, State of Texas Comm. Expires 05-22-2025 Notary ID 126907533 �'ID-fz%l-����r�s Notary's Name Printed Page 10 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 I. PROJECT DESCRIPTION Randol Mill Ave is a local 2-lane rural collector road in the northwest sector of the City of Southlake (the City). It is understood that it is the desire of the City to hire KSA to develop a detached sidewalk along the east roadside as an extension of an existing sidewalk that currently ends at Morgan Rd. The sidewalk would extend to the northern City limit. The Town of Westlake may extend the facility North to Dove Rd (as a separate project). The total estimated length of the project is 2,700 LF (approximately % mile). The new sidewalk is intended to be a 5-foot rural -context facility (no curbing would be designed or installed along the road), similar to the existing section south of Morgan Rd. It is the desire of the City to manage stormwater runoff with surface drainage where feasible, and it is assumed that new storm drains, culverts, and junctions are likely needed at some locations to convey flow to the various outfalls available. In conjunction, the City intends to upsize the existing 8" waterline to a 12" PVC pipe, as a part of the same construction drawings. We understand that in general the new pipe would be laid along the same alignment as the existing line, except where it may be advantageous to adjust to accommodate existing conditions. The project will require coordination with the neighborhood, and the design team will plan for public involvement and information -sharing with stakeholders. The project may involve the acquisition of private land for the proposed public improvements from an estimated 4 (four) properties along the eastern frontage of the roadway. The full Scope of Services is described below and is proposed to be delivered in two phases: Phase I would achieve a Schematic Design for City Council review. The previous iteration of this Exhibit included Phase I tasks; it also included Phase II tasks, stricken, to be activated at a later date. Now, as directed, the City intends to activate Phase II services to complete the design, acquire right of way, and bid and construct the project. Phase I services were previously activated, and Phase II services are now shown un-stricken and in blue in this document to indicate that they are proposed in this current Phase II Scope and Fee. Phase I — Data Collection & Schematic Design - Topographic Design Survey - Up to eight — Level A Locates (Waterline) - Schematic Sidewalk Design (15% Design) - Schematic Waterline Design (15% Design) - Schematic Drainage Assessment Randol Mill Sidewalks - City of Southlake Page 1 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 Opinion of Probable Cost for Full Design and Construction One - Public Meeting Phase II involves the following tasks that may be scaled according to the project's needs identified in the Phase I Schematic Design: Phase II — Design, Bid, Construction, and Land Acquisition Services - Right of Way Delineation - Final Sidewalk and Waterline Plans (90%/100% Design) - Record Drawings - Bidding and Award Support - Basic Construction Support - 2 Public Meetings - 5 — SUE Level A Locates - Material Testing - Landscaping and Irrigation Design - Easement, Appraisal, and Acquisition Support for 4 Easements or Right of Way Dedications The Phase tasks listed above are further described in Section III below. II. GENERAL REQUIREMENTS A. Specific design requirements shall be obtained from the City of Southlake Engineering Design Standards; we understand that many criteria are modeled from the NCTCOG Standard Specifications for road and drainage projects, and elements from the City of Fort Worth's Public Works Standards (including iSWM procedures for Hydrology/Hydraulic elements). KSA will establish and summarize design criteria in a Technical Memo. The design criteria will be reviewed by the City for approval prior to beginning design work. B. Plans will be populated with the requirements of the City's Construction Plan Checklist C. KSA shall share plans with utility companies to mitigate conflicts, and to provide opportunities for relocations, including departments within the City. D. Each time KSA submits plans and/or specifications to the City, up to five (5) copies of each shall be submitted, unless otherwise instructed. These shall be reviewed Randol Mill Sidewalks - City of Southlake Page 2 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 and checked by the City and returned to KSA for corrections. 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 to the City for comparison. All plans, specifications, documents, provisions, attachments, and correspondence provided in accordance with this contract shall be dated. E. KSA shall submit a monthly report along with our invoices outlining, at a minimum, the work on the project which occurred the previous month, the work expected to be completed the following month, the next major project milestone, and supporting information. III. TASK SUMMARY A. Phase I — Data Collection & Schematic Design 1. Design Survey - KSA shall furnish a survey field party to collect site information for the purpose of preparing construction drawings. This field information shall be based on the City's Survey standard (or NAD-83 in the absence of a preference) and will include the apparent fence -to -fence right of way width. The survey will include the location, species, and caliper of large trees (over 6" caliper or small trees that appear to have been purposely planted as part of a landscaping pattern). It will also include information from utility markings made by franchise utilities, supplemented with record drawings, as available, from the City. 2. Right of Way Delineation — This task involves the production of a CAD drawing that depicts the right of way lines of the corridor, as defined by located property corners, survey markers, benchmarks, and other field data collected and interpreted by trained field survey crews and a Registered Professional Land Surveyor. The data will be cross-referenced with plat filings found from public sources. The delineation will provide the basis for future land acquisitions (easements or dedications) that may be needed. 3. Schematic Design — Schematic Design (15% Design) Plans for the project shall be prepared to such detail as to illustrate a feasible alignment of the sidewalk, the proposed horizontal waterline improvements, and the challenges and opportunities of related design elements (ADA features, Randol Mill Sidewalks - City of Southlake Page 3 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 grading, and drainage features, for example). Schematic Design Plans are to be prepared to a scale that shows major elements of design. Conceptual Design Plans shall include the following information: — Plan and Profile of existing/proposed sidewalk alignment — Right of Way Delineation linework — Identify preliminary horizontal utility locations from existing as-builts and designs, and from utility surface markings. — Perform up to 8 Level A Subsurface Utility Engineering locates to identify the typical depth of the existing 8" waterline. — Schematic -Level Drainage Summary to include a Drainage Area Map of existing conditions and an assessment of the major elements that will need to be designed in Phase II. (For example, identify the locations of area inlets, new storm drains, and other major capture and conveyance infrastructure that will be needed to manage stormwater runoff with the proposed sidewalk alignment) — A Schematic Design submittal and incorporation of comments from City Staff. KSA anticipates a two -week review period after submittals are made to the City. — An Opinion of Cost of the Project — Quality Review 4. Public Meeting — KSA will attend one public meeting to review the schematic -level information with neighborhood residents. KSA will provide materials and design team staff to support the meeting, answer questions, and record feedback and meeting summaries. (This portion of the page left blank purposefully) Randol Mill Sidewalks - City of Southlake Page 4 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 B. PHASE II — Design, Bidding, Construction, and Additional Services KSA understands that Phase II services may or may not be activated, and it is the intent of the City to refine the Scope of each task below in response to the findings of Phase I. However, our understanding of the Scope of Services requested is described below for Phase II: 1. Final Design (90%- 100%) KSA will prepare draft Final Design (FD) (90% Final Design) for review by City Staff on 11"x17" sheets and electronic PDF file. The FD will advance the design elements as prescribed in the Schematic Design. FD shall include, at a minimum, the following information: a. Title Sheet b. Project Layout c. Proposed Typical Sections d. Traffic Control Plan e. Sidewalk Plan and Profile f. Waterline Plan and Profile g. Intersection Pedestrian Improvement Sheets h. Turnout Profiles i. Erosion Control Plans j. Drainage Area Map k. Drainage Modification Plans including proposed culvert replacements, area inlets, and outfall connections I. Cross Sections — Prepare cross section in sufficient detail for construction at a maximum of one hundred (100') feet intervals and include the following information: — Existing and Proposed Conditions — Baseline and Right -of -Way Designations — Existing Natural Ground extending to the ROW line — Known underground utilities within the project site — Ditches for stormwater conveyance m. Standard City Details for Sidewalk and Waterline construction n. Landscaping and Irrigation Design Sheets and Details (if requested) Randol Mill Sidewalks - City of Southlake Page 5 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 KSA will prepare and manage a utility conflict matrix, that identifies potential conflicts, and how they may be resolved. KSA will lead monthly virtual meetings (over MS Teams) to share design information with, and request updates from, franchised utility contacts regarding potential relocations. The first meeting will be scheduled and held as a follow up task after kicking off the Phase II design. A T&M Budget will be set up to conduct field investigations, and SUE Level A locates to support the design. KSA will prepare an Opinion of Probable Cost, Draft Bidding Documents based on the City's standard construction contracting documents, and technical specifications. KSA anticipates 2 weeks for the City's internal review and incorporate comments from City Staff into the Design. KSA shall prepare and deliver sealed Construction Drawings and Bidding Documents, including a final Bid Schedule and Opinion of Construction Cost. "Over -the -shoulder" style review meetings are proposed to expedite the development of the Final Plans (up to 3 sessions). These meetings are anticipated to be conducted by KSA via Microsoft Teams or at City Hall. During the meetings, KSA will share design progress, and present the design strategies to be undertaken to resolve design challenges to receive feedback from the City. It is understood that these meetings are not official reviews, but rather informal opportunities to resolve minor design questions. Intermediate submittals to the City may include land acquisition overviews, and other information generated for these reviews. 2. Public Meetings— Attend two public meetings during Final Design to receive and incorporate feedback from the neighborhood residents. KSA will provide materials and staff for the in -person meetings. KSA will summarize the meetings and incorporate applicable comments into the design. 3. Bidding and Award Support It is understood that the City will advertise bids, maintain plan holders list, receive questions and requests for information as well as post answers provided by City staff or Engineer such that they are available to all plan Randol Mill Sidewalks - City of Southlake Page 6 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 holders. KSA will support the City's bidding process with the following tasks: — Preparation of Bid documents — Assisting City Staff with clarifications of plans and specifications, and RFI responses — Production of Addenda (Up to 3 clarification Addendums) — Assisting City Staff with review of Contractor's qualifications and Tabulation of Bids — Incorporating addenda/RFI/clarifications into conformed documents for use during construction — Prepare materials for, and attend, 1 Pre -Bid Meeting at City Hall an prepare post -meeting Addendum summary — Prepare Summary of Bids Letter and signed Bid Tabulation for consideration of award — We understand that the presentation of award information is excluded from Scope 4. Construction Phase Support —These services are intended to assist the City in administering the contract for construction, monitoring the performance of the construction Contractor, reviews to help assess Contractor's work compliance with the contract documents, and assisting the City in responding to the events that occur during construction. KSA shall provide Construction Phase Services as defined below. — Pre -Construction Conference — KSA shall 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. — Review of Shop Drawings, Samples and Submittals - KSA shall coordinate with the City for the reviews of the Contractor's shop drawings, samples and other submittals for conformance with the design concept and general compliance with the requirements of Randol Mill Sidewalks - City of Southlake Page 7 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 the contract for construction. KSA will log and track shop drawings, samples and submittals. — Requests for Information — KSA will review the Contractor's requests for information or clarification of the contract for construction. KSA will coordinate and issue responses to requests to the City. KSA will log and track the Contractor's requests. — Site Visits — Perform periodic visits to project site as necessary during the course of construction. — CMT Coordination — Assist City Staff as necessary to evaluate testing results from Contractor -produced Material Testing Reports. — Review of Contractor's Requested Changes — KSA shall review all Contractor -requested changes to the contract for construction. KSA will make recommendations to the City regarding the acceptability of the Contractor's request and, upon approval of the City, assist the City in negotiations of the requested change. Upon agreement and approval, KSA shall prepare final change order documents. — Final Punch List and Field Reviews — Attend final site walkthrough at the request of City staff with Contractor, provide comments to City Staff for inclusion in punch list as necessary. 5. Land Acquisition Services As summarized above, the alignment of the sidewalk defined during the Schematic Design, and further advanced during Final Design, will determine the extents of right of way and/or easements that will be needed for the proposed sidewalk infrastructure. As requested, the Scope of Work includes a fee structure (EXHIBIT B) based on the assumption that an acquisition exhibit, an easement appraisal, and acquisition support services are needed to resolve encroachments along an undefined number of properties. KSA proposes to perform this work under a Time and Materials budget to scale the effort according to the actual number of acquisitions that will be needed; as identified once grading plans are complete. Randol Mill Sidewalks - City of Southlake Page 8 of 11 EXHIBIT A - Randol Mill Sidewalk Improvements KSA ENGINEERS SCOPE OF SERVICES Inclusion of Phase II Services Prepared on 5-22-2024 It is understood that the City intends to pursue easement or right of way donations. The land value of the needed easements will not be included in opinions of probable cost for construction. IV. EXCLUSIONS City and KSA agree that 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 written request. Any additional amounts paid to KSA because 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: — Construction Staking — Environmental Services — Federal -aid grant assistance — Full-time construction representation (Resident Project Representative) — Traffic Analysis / Traffic Counts/Traffic Simulations — Roadway Improvements to Randol Mill — Illumination Design or Coordination with Power Providers — Sampling or Testing for Hazardous Materials — Structural Engineering — Drainage Studies beyond the computations needed to size improvements within the project footprint — Coordination with regional flood control authorities, or FEMA flood map revision letters and/or modeling. — Design of offsite drainage improvements — Eminent Domain Support Services — Preparation of Multiple Bid Packages — Post -Bid Traffic Control Modifications (assumed to be prepared by Contractor) — Design of improvements within the Town of Westlake Randol Mill Sidewalks - City of Southlake Page 9 of 11 EXHIBIT B - Randol Mill Sidewalk Improvements KSA ENGINEERS FEE SCHEDULE & TIMELINE Inclusion of Phase II Services Updated 5-22-2024 Scope of Work tasks will be completed either as a Lump Sum (LS) or under a Time and Materials (T&M) budget as labeled in the breakdown below: PHASE I - DATA COLLECTION & SCHEMATIC DESIGN Basic Additional LS/T&M TASK Budget Service Service X - LS Tepeg-anhie Design SuFyey 4 3F -So _ X _LS Right of Way Delineation 1 9 ,r[G * - LS SEheFna+ic Smde, .ulk flan (5 Design) '+9 * _ _LS Sre.h. ,,ari.- \A/atedine Plan ( 5% Design) 11,?A0 � _LS Schematic DFanTage m F 4 _ X 7"&M SUE Level el A I e ates 2�8 , _ X T&M Public Meeting (1) 3,7w NOTE: Stricken tasks previously $ 123,980 authorized Total Phase I Services = PHASE II - DESIGN, BIDDING, CONSTRUCTION AND ADDITIONAL SERVICES Basic Additional LS/T&M TASK Budget Service Service Design, Bidding, and Construction x LS Final Sidewalk Design (90/100%) $ 84,780 x LS Final Waterline Design (90/100%) $ 22,260 x T&M Utility Investigations $ 13,368 x LS Record Drawings $ 2,250 x LS Bidding and Award Support $ 8,030 x T&M Basic Construction Phase Support $ 31,060 x T&M 2 Public Meetings $ 5,160 x T&M Material Testing $ 18,400 x T&M Landscape and Irrigation Plan $ 51,750 x T&M Owner -Controlled Addtl Design $ 62,872 Land Acquisition Services x T&M Acquisition Exhibits $ 18,000 x T&M Land Appraisals $ 15,000 x T&M Acquisition Support $ 12,000 Total Phase II Services = $ 344,930 Total Ph I + Ph II Not to Exceed Budget = $ 468,910 Randol Mill Sidewalks - City of Southlake Page 10 of 11 ID Mask Name Srar1 (Finish Predecesson Ilene luly A..rguc[ f September October November I De�m6er Anuary February aTask Mpdrr 11 E 6 M E 8 � M � E 8 M E 1 8 M E 6 M E 8 M E 8 M E 8 M E 8 M t ! Randal Mill Sidewalks Wed 6 f 19/24 Mon 2/3/25 2 ! PHASE II - Design through Construction Wed 6 f 19124 Mon 213/25 r 3C W. Notice to Proceed Wed 6/19124 Wed 6/19/24 W19 4 !+ Rick Off Meeting (Week of Wed 6119f24 Mon 6/24124 3 5 W. 90% Design {Sidewalk and 4vaterll nej Wed 6/19/24 Tue 7/30/24 3 fi ! City Review/Workshop jThree Weeks] Wed 7131124 Tue 8/20/24 5 Addm3 Com menta/Prod uce 100% PS E Wed 8121124 Wed 8/28/24 6 8 ! Advertisement Thu 9/29/24 Wed9/18124 7 9 !a Rld Opening{Week of) Thu 9119124 Mon 9/23/24 8 I6 ! Award (Month of} Tue 9/24124 Mon 10/21/24 9 11 Construction Tue 10/22/24 Mon 2/3125 10 T. Raj S--ry �� MR-ual Te* Smq nhl C D,adllne i Project Randal Mill Ave Sldewa Splll......................... nactl,e Task a mloo-only Flnl—any ] Nay — Date! Thu S/16/24 Mlleslone • 4uct-Milestone Manual SummaryWlup Ex[emal Tasks M—A� rogress Sumnay � I naohrcs,mmay I I Manualslammay rmmmmmmm9 EA—IMllmlane 0 Page 1 m � X n T= � 1'R O O -n h m 1 �m ;0 ch n a CD M > cnvm� CD cz= < rn -N CD zQ (n 90 m cD �m(� r 0-z cn m o N < N CD ry 3 O CD N 3 N