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
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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.
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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.
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L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right-of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within
reasonable time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in
Contractor's work;
6. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land
use regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services.
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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
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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.
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IX. ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form 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)
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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
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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
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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
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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
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