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.
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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 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.
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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,
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.
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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;
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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.
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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)
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
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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
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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
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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
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■ 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.
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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