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Item 9A - 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 executed the Green Ribbon Beautification Project along FM 1938, between FM 1709 and 300 feet north of Bear Creek Parkway. This project is to be known as the FM 1938 Median Beautification 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. Page 1 D. Coordination with Owner The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY's possession relative to existing facilities and to the Project. E. Site and Local Conditions ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER's employees will be made with CITY. F. Assignment and Subcontractors/third Party Rights The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior written consent of CITY. G. Independent Contractor ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. H. Disclosure By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. Page 2 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 Cl" 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, 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. Page 4 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 $115,000 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 $115,000 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 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) 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; Page 5 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 gg written notice to the ENGINEER. Such termination may be made effective on such future date as agreed by the parties, but absent such agreement shall be immediate. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. Page 6 IX. ARTICLE OWNERSHIP OF DOCUMENTS 1. All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shall become the property of CITY if this Agreement is terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY's sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's expense, insurance of the type and of minimum coverage limits as follows: 1. Workers Compensation -Statutory Employer's Liability -Limits as required by the State of Texas. 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY within ten (10) business days after execution of this Agreement and prior to issuing Notice to Proceed. Such certificates shall provide that the insurer will give CITY not less than ten (10) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of Page 7 this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed as expeditiously as possible. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to CITY's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation as agreed upon by CITY and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: 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, PIA, 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 Page 9 ENGINEER: Kimlev-Horn and Associates, Inc. By: Douglas Arnold, Contract Specialist (Name), (Title) THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared vnv4i,4o known to me [or proved to me on the oath of or through (description of identity card or other document)] to be the person whose name is subscribed to the foregoing instrument and that he/she is the duly authorized pK.► t of t�w►a 1p �ce„r,�s e a and acknowledged to me that he/she executed the s me for the purposes and consideration therein expressed. Gi en A.D.ZO T my hand and seal of office this SEAL} Notary Public, State of Texas ��`µV PV�i VICKY BREWER _~��-, � Notary Public, State of Texas Comm. Expires W16-2026 Notary ID 129821969 n m ILor WO 1 Notary's Nam6 Printed ATTACHMENT A Kimley»>Horn May 14, 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: Professional Services Agreement FM 1938 Median — Green Ribbon Beautification Project Southlake, Texas Dear Mr. Estepa: Page 1 Kimley-Horn and Associates, Inc. ("Consultant" or "Kimley-Horn") is pleased to submit this letter agreement (the "Agreement") to the City of Southlake ("City" or "Client") for providing professional services for the above referenced project. The Consultant will perform the services outlined below for the TxDOT median improvement project along FM 1918 located in Southlake, Texas, Project Understanding The City has requested the Consultant provide professional services for the construction documents and construction phase services for the median Green Ribbon Beautification Project along FM 1938 from FM 1709 to approximately 300' North of Bear Creek Parkway in the city limits of Southlake, Texas. The scope of work and design consists of landscape and irrigation design within the proposed medians as shown on the attached "Exhibit A". The Consultant understands that project construction cost could be federally funded and will be pI ogrammed by the Texas Department of Transportation (TXDOT) through the Green Ribbon program. The Client understands the project will follow the TXDOT Design Review Process and follow Local Government Project Procedures (LGPP). The Consultant understands the City will move forward with the state letting process during bidding and construction phase if awarded. Scope of Services The tasks outlined below are the professional services to be provided by the Consultant. The scope of services described for the tasks will be completed for the lump sum fee indicated. Task 1 Project Meetings and Design Coordination $14,000 (LS) The effort included in this task relates to project meetings and design coordination for the Construction Plans: ■ Meet with City and TXDOT to review schedule, design guidelines and requirements, and general design criteria and preferences for the landscaped medians —one (1) meeting. ■ TXDOT coordination including correspondence with TXDOT District, Submittal (60%, 90%, and Final) and TXDOT review response letters. ATTACHMENT A Kim ey>>> Horn Page 2 ■ Prepare for and attend City plan review meetings — (60%, 90%) — two (2) meetings total. ■ Project communication, correspondence, and coordination with the City. ■ Prepare and email project status to project team (City of Southlake staff and Consultant team). ■ Review monthly invoices and invoice summary per TXDOT standards. ■ Prepare project schedule and update throughout design for TXDOT and the City. Task 2 Survey $12,000 (LS) The Consultant will prepare a topographic survey for the subject project, as indicated on the attached "Exhibit A" for the purpose of preparing landscape plans. 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. Task 3 Construction Documents $40,000 (LS) The Consultant will prepare the landscape construction plans for the areas attached in "Exhibit A". The construction plans will provide locations of landscape improvements, planting details, irrigation plans and details, and specifications. This task consists of plan sets and submittals as follows: 60% Submittal ■ Further develop Landscape Plans and Details for the medians showing new plant material locations as they relate to the medians. Included in these sheets will be a planting schedule specifying recommended plant species and details illustrating recommended installation methods and requirements. ■ Develop Irrigation Plans and Details for the proposed landscape improvements showing head layout, pipe sizing and Controller/Valve locations and standard details. These plans will show sufficient detail for construction and will be prepared to conform to published City and TXDOT requirements. ■ Compile applicable City standard details and TXDOT standard details necessary for design. Modify standard details as needed. ■ Revise project schedule based on TXDOT review schedule. ATTACHMENT A Kimley>»Horn Page 3 ■ Develop opinion of probable construction costs (OPCC). The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. ■ Submit one (1) digital 11" x 17" .pdf to the City for review and comment. ■ Address City comments and re -submit one (1) digital 11 x 17 .pdf to the TXDOT District Office for review and comment. ■ Conduct 60% PS&E comment review meeting with TXDOT District Office to solicit review comments and discuss the approach to addressing comments. ■ Address 60% PS&E comments and prepare TXDOT response letter. The 60% Submittal (11"x 17" plan sheets) will consist of: ■ TXDOT Standard Cover/Index ■ Project Control ■ Quantity Summary Sheets ■ Project Layout ■ Landscape ■ Irrigation ■ Miscellaneous Details ■ TXDOT Standard Detail She ■ OPCC ■ General Notes 90% Submittal ■ Submit one (1) digital 11" x 17" .pdf to the City for review and comment. ■ Address City comments, prepare comment response letter, and re -submit one (1) digital 11" x 17 .pdf to the TXDOT District Office review and comment. ■ Conduct 90% PS&E comment review meeting with TXDOT District Office to solicit review comments and discuss the approach to addressing comments. ■ Address TXDOT Area Office comments and resubmit one (1) digital 11 x 17 .pdf for review and comment. The 90% Submittal 111"x 17" plan sheets) will consist of: ■ TXDOT Standard Cover/Index ■ Project Control ■ Quantity Summary Sheets ■ Project Layout ■ Landscape ■ Irrigation ATTACHMENT A Kimley>»Horn ■ Miscellaneous Details ■ TXDOT Standard Detail Sheets ■ OPCC ■ General Notes Final Submittal Page 4 ■ Incorporate the final design submittal review comments and prepare comment response letter. ■ Submit five (5) sets of plans and specifications to the City. ■ Submit final OPCC. Subsequent modifications resulting from material site plan changes directed by the City or their representatives will be billed to the City as Additional Service, Task 4 ISA Report $ 9,000 (LS) This effort includes preparation and submittal of the published TXDOT ISA Report Form, June 2016 (510.01.DS). As part of this effort, Consultant will review historic aerial images and mapping, and the results of a regulatory records review (database search). The Consultant will submit a Preliminary Scoping Form to the TXDOT Fort Worth District, in an effort to determine the environmental submittal requirements for the project. One project site visit will be conducted to make observations and take photographs of the existing observable conditions related to the environmental concerns outlined in the ISA Report. Interviews with local residents, TXDOT staff, or City personnel are not included in this task. Any additional effort, or additional TXDOT requirements, including responding to comments or requests for additional information will be considered an Additional Service. Task 5 Bidding The Consultant will assist the City and TxDOT during the bidding phase. The Consultant understand the City is utilizing the state let process for this phase. Consultant will: ■ Prepare for apre-bid meeting and answer appropriate questions from bidders. ■ Issue addenda in response to bidder's requests for information. ■ Provide bid tabulations and Letter of Recommendation. (A summary of the bid analysis will be provided to the City for use in selection and award of the construction contract.) TXDOT will need to approve the bid opening and tabulation prior to the award of the construction contract. Task 6 Construction Contract Administration $14,000 (LS) The Consultant will assist the City and TxDOT during the construction phase. The Consultant understands the City is utilizing the state let process for this phase. Consultant will: ATTACHMENT A Kimley>»Horn Page 5 ■ Review shop drawings. Consultant will review Cl"d approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. ■ Attend one (1) pre -construction meeting. Consultant will attend a Pre -Construction Conference prior to commencement of Work at the Site. ■ Respond to contractor RFI's. Consultant will respond to five (5) Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by City. ■ Site visits as requested by the City or TxDOT — four (4) total. Consultant will make visits at intervals as directed by City in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep City informed of the general progress of the Work. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. ■ Final walk-through. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. Task 7 Conceptual Design Development $5,000 (LS) The Consultant will prepare the documents required by TxDOT for the Green Ribbon application fiscal year 2025. The Consultant will compile the documents and submit to the City and TxDOT for review and comment. The Consultant will address one (1) round of comments from the City and TxDOT. Consultant will: ■ Conceptual design layout with planting design, hardscape design, and reference imagery. ■ Application document ATTACHMENT A Kim ey>>> Horn Page 6 ■ Preliminary cost estimate ■ Anticipated project schedule ■ Project location map The Consultant will provide the below task once written authorization from the City is received. Task 8 Subsurface Utility Engineering Study $15,000 (LS) 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 Services Not Included Any other services, including but not limited to the following, are not included in this Agreement: 1) Performing a geotechnical study or analysis. 2) Providing presentations. 3) Providing construction staking, additional platting, or other surveying services not identified in the above scope of services. 4) Providing additional printing for bidding document distribution. 5) Providing additional renderings. 6) Any services not listed in the Scope of Services. 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: 1) Attending City of Southlake parks board meetings. 2) Attending City of Southlake city council meetings. 3) Presenting at City of Southlake parks board meetings and city council meetings. Schedule Consultant will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule once the project is kicked off. Fee and Expenses Consultant will perform the services in Tasks 1 - 6 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the City. ATTACHMENT A Kimley>»Horn Task 1 Project Management and Design Coordination Task 2 Survey Task 3 Construction Documents Task 4 ISA Report Task 5 Bidding Task 6 Construction Contract Administration Task 7 Conceptual Design Development Task 8 Subsurface Utility Engineering Study Total Lump Sum Fee $ 14,000 $ 12,000 $ 40,000 $ 9$000 $ 6,000 $ 14$000 $ 5,000 $ 15,000 $115,000 Page 7 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 Consultant 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, Texas. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. 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 If you want us to proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Remainder of page intentionally left blank] ATTACHMENT B Kimley»>Horn Kimley-Horn and Associates, Inc. Hourly Labor Rate Schedule Classification Analyst I Analyst II Professional Senior Professional I 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