Loading...
Item 4F - Executed Engineering Services AgreementORIGINAL DOCUMENT CITY OF SOUTHLAK6 AGREEMENT FOR ENGINEERING SERVICES Council Action:Y® Ord./Res. No. THIS AGREEMENT is made this day of & t kk/ Date 29g1 by ano ti 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 make intersection improvements at Davis Boulevard (FM 1938) and Continental Boulevard. This project is to be known as the Davis Boulevard (FM 1938) and Continental Boulevard Intersection 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 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 an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGINEER's professional services or in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by CITY signifies the CITY's approval of only the general design concept of the Improvements to be constructed. J. Indemnification ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND SHALL BE CONSTRUED TO THAT EFFECT. K. No Third Party Beneficiary For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity (except the indemnitees identified or described in Article I, Section J., above), notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and ENGINEER, or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations they owe to either CITY or ENGINEER. Page 3 L. Successors and Assigns CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party to this Agreement and to the successors, executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. II. ARTICLE CITY'S RESPONSIBILITIES CITY will: 1. Provide full information as to CITY's requirements for the Project; 2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's control or knowledge which is pertinent to the Project, including executed right-of-way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY's decisions; 7. Provide all information and criteria as to the CITY's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction. 8. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. Page 4 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 $197,200 for Basic Services and on an hourly basis plus expenses in an amount not to exceed $137,800 (as outlined in the attached proposal) with a total not to exceed cost ceiling of $335,000 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 A) for actual time expended and actual out-of-pocket sums expended, such services to be one or more of the following: 1. Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Preparation of environmental impact assessments or statements for any Page 5 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. 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 Page 6 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 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. Page 7 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: Shana Yelverton City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817-748-8400 Fax: 817-748-8010 If to ENGINEER: G. Brad Tribble, P.E. Senior Vice President Kimley-Horn and Associates, Inc. 2201 West Royal Lane, Suite 275 Irving, Texas 75063 Phone: 214-420-5600 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: C By: La Alli, Mayor ATTEST: zC OJ� ' :90 L. O B t City S etary �'�;� •••• "*`.� �/'11n111110 � Page 9 ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC. By: G. Brad ribble, .E., nWVicef5resident THE STATE OF TEXAS § COUNTY OF'' RRAWF § bAk-ur=S Before me on this day personally appeareA,(3"�_ Iw&c at,E 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 �paV;ce�ireb;t,et� ofKmt�k-NoQrJorotassecznrFs� w�C , and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my DANA L. HORTON 'r�,P•••"�n's Notary Poblic, State of Texas i s••'QE Comm. Expires 06-21-2020 Notar y I D 130708876 d seal of office this 1±'� day of TUv-Z Notary Public, State of Texas :1)An11A L - i-62-7J Notary's Name Printed Page 10 Kimley*Horn May 23, 2019 Project Understanding Attachment A Based on previous studies and conceptual layouts prepared under separate agreements by ENGINEER, and discussions with the CITY and TxDOT, the CITY has requested the ENGINEER to provide design and construction phase services for the Davis Boulevard (FM 1938) and Continental Boulevard intersection. The design will be based on the 30% design developed during the Intersection Analyses — Conceptual Layouts project (prepared under a separate agreement by ENGINEER). This project is anticipated to be permitted for construction by TxDOT. CITY will donate applicable right-of- way to TxDOT once acquired. This scope of services includes the design of the following: • 60% Design of ultimate eastbound and westbound Continental Boulevard approaches at the Davis Boulevard intersection • Northbound right turn deceleration lane on Davis Boulevard • Traffic signal improvements at the intersection • Sidewalk and crosswalk improvements at the intersection and adjacent to the roadway improvements • Hydraulic analyses to determine the proposed crossing configuration to pass the design storm • Right-of-way and easement document exhibits and associated acquisition services • Signal timing and coordination with the Davis Boulevard and Bear Creek Parkway intersections Scope of Services Task 1— Topographic and Boundary Survey (Lump Sum) The ENGINEER (through a Subconsultant) will perform additional topographic survey for areas beyond the limits acquired during the Intersection Analyses — Conceptual Layouts project. The following items will be performed: • Limits will include the following: 0 400 linear feet east and west of the previous survey limits of the Davis Boulevard and Continental Boulevard intersection o A 40-foot wide swath for a length of approximately 250 linear feet along the location of the proposed Davis Boulevard northbound deceleration lane o A 100-foot wide swath of full topographic survey fifty feet upstream and downstream from the existing culvert location, and topographic survey shall extend twenty feet beyond top of bank at a minimum. Survey shall also include full cross sections (twenty feet beyond top of banks including tops of bank, toes of slope, flowline, and any grade changes) every twenty feet for a distance of one hundred feet upstream and downstream of the existing culvert. o Spot shots shall be taken at the culvert low chord, roadway deck, top of rail, flowlines, headwalls, and wingwalls. • Data Collection and Property Research o Gather existing plat information o Collect property owner information o Gather existing right-of-way and easement information based on available plats and record drawings. Title research, if required by the CITY, can be provided as an Additional Service • Perform field survey ground control • Locate pertinent objects and above -ground features, typically including: o Roadway pavement o Drainage structures (i.e. culverts, ditches, inlets, manholes, and outfalls) Kimley>Morn Attachment A - Page 2 o Utilities (signs or markers showing the presence of underground utilities, valves, manholes, flowlines, meters, backflow preventers, vents, poles, and guy wires) o Large (6 inch diameter and up), significant trees (identify species and caliper) o Limits of landscaped areas will be defined. Individual plants and or trees (less than 6 inch diameter) will not be located. o Fences (including material type) and gates o Sidewalks o Street lights o Signs o Right -of -Way monumentation Process survey data to create plan view of existing features Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as right-of-way information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. Digital files will be in .DWG format. The ENGINEER will conduct one site visit to field verify the topographic survey. Task 2 — ROW and Easement Document Preparation (Reimbursable/Hourly) The ENGINEER (through a Subconsultant) will prepare up to six (6) right-of-way exhibits and set corners in the field. Additional right-of-way documents can be prepared as Additional Services at $1,200.00 per document. This cost includes setting corners in the field The ENGINEER (through a Subconsultant) will prepare up to six (6) easement exhibits. Additional easement documents can be prepared as Additional Services at $1,050.00 per easement. This cost does not include setting corners in the field The ENGINEER will coordinate with the surveyor regarding proposed right-of-way and easements 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kim ley >>> H or n Attachment A - Page 3 Task 3 — ROW Agent Services (Reimbursable/Hourly) This task (through a Subconsultant) will provide ROW Agent Services for two separate intersection improvement projects: (1) The intersection of Continental Boulevard at Davis Boulevard (FM 1938) and (2) the intersection of Continental Boulevard at Peytonville Avenue. Construction Documents for Continental Boulevard at Peytonville Avenue shall be provided under a separate contract. The ENGINEER (through a Subconsultant) will provide services for obtaining acquisitions and easements for the project at the following locations: • Intersection of Continental Boulevard at Davis Boulevard (FM 1938): o JJB Enterprises, Inc; TAD Account #: 04203976 (ROW Acquisition) o Pearson Place, Inc; TAD Account #: 05707811 (ROW Acquisition) o RJ2KB Group, LLC; TAD Account #: 14239758 (Easement Acquisition, if needed) o Drini, LLC; TAD Account #: 14500251 (Easement Acquisition, if needed) o Stephanie Brooke Lomme; TAD Account M 04203488 (ROW Acquisition) o Keller -Sanctuary, LLC; TAD Account #:42000546 (ROW Acquisition) • Intersection of Continental Boulevard at Peytonville Avenue: o Billy Jon Curb; TAD Account #: 05992273 (ROW and Easement Acquisition) o Carroll ISD; TAD Account #: 41602315 (Easement Acquisition, if needed) o Southlake Woods Homeowners; TAD Account #: 07690398 (Easement Acquisition, if needed) o Kirk J Koogler; TAD Account #: 40350371 (ROW Clearance, if needed) If through the design process it is determined that right-of-way and/or easements are not needed for a particular parcel, the associated fee will not be charged to the CITY. The following services will be provided: • Attendance at one (1) Town Hall or similar meeting to be introduced to the affected Property Owners. • Review of the title commitments provided for possible title encumbrances. • Will send to each affected property owner a registered receipt Letter of Introduction, while waiting for receipt of the appraisal reports. • Will send each property owner an offer letter packet complete with a copy of the appraisal report. • Will follow up with a contact phone call offering to meet and discuss the offer. • If no response is offered after 45 days, a final offer letter will be sent. • Will follow up with a contact phone call offering to meet and discuss. • Prepare condemnation packets for up to four (4) parcels. • Provide a completed documented file complete with copies of all correspondence and phone records for each parcel. • The ENGINEER will coordinate with the ROW Agent. The following services are not included in the scope of services, but can be provided as Additional Services: • Condemnation packets beyond those included in the scope - $550.00 per parcel. • Attendance at hearing or prehearing before the Tarrant County Commissioners Court - $85 per hour. CITY will provide appraisals and title work to be used for the acquisition services, along with document templates. Kimley>>> Horn Attachment -Page 4 Task 4 — Geotechnical Services (Reimbursable/Hourly) The ENGINEER, through a subconsultant, will perform a geotechnical investigation as follows: Subsurface Exploration. o Drill and extrude the following: • Up to four (4) sample borings to up to 10-feet (2 within existing Continental Boulevard), 15-feet (1 near the proposed traffic signal), and 20-feet (1 within existing Davis Boulevard) below existing ground using truck -mounted equipment along the roadway • Up to two (2) sample borings up to 30-feet deep below existing ground using truck mounted equipment at or near each vehicular bridge abutment location • Samples will be checked for consistency with a hand penetrometer Boring locations will be staked Bore holes will be backfilled and plugged at the surface; • Determine D50 (bed material size where 50% of particles are smaller, mm) for scour analysis [vehicular bridge abutment locations only) • Record water temperature (temperature taken at the same time as geotechnical sampling, Celsius) [vehicular bridge abutment locations only] Laboratory Services. Considering the planned facilities, anticipated soil conditions, and geology, the following laboratory tests will be required for classification purposes and to determine strength characteristics o Moisture content and soil identification o Liquid and plastic limit determinations o Percent passing the No. 200 sieve o Unconfined compression tests on soil o Unit weight determinations o Eades and Grim lime series test o Design data recommendations for scour and abutment protection [vehicular bridge abutment locations only] o Testing to determine design data recommendations for scour, end bearing, lateral pressures, coefficient of friction, and uplift for bridge and abutment improvements as well as scour, end bearing, lateral pressures, coefficient of friction, uplift, global stability, and tieback data for bank stabilization upstream along the west bank. [vehicular bridge abutment locations only] Engineering Services o Prepare an engineering report presenting the following: • Sample boring location map • General soil and ground -water conditions • Recommendations for retaining wall foundation type, depth, allowable loading • Foundation construction requirements • Recommended lateral pressures for the design of retaining structures • An evaluation of the swell characteristics of the subgrade soils • Recommendations for pavement subgrade type, depth, and stabilization concentration • Pavement thickness recommendations in accordance with City of Southlake standards • Recommendations on the scour potential for the creek in the proximity of the structures • Design data for erosion protection and bank stabilization o The geotechnical engineer's design recommendations shall be relied upon by the kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kimley>Morn Attachment A - Page 5 ENGINEER for the proposed pavement section for Davis Boulevard and Continental Boulevard Submit one (1) copy of the report to the CITY The ENGINEER will coordinate with the geotechnical engineer and implement recommendations into the design. Task 5 — Subsurface Utility Engineering (SUE) (Reimbursable/Hourly) The ENGINEER, through a subconsultant, will perform SUE Quality Level "B" using geophysical prospecting equipment to identify CITY and franchised utilities at various locations. The ENGINEER, through a subconsultant, will perform up to four (4) SUE Quality Level "A" potholes at the below rates. Reimbursable amount for this task assumes 4'-8' Deep (Paved Area) conditions. o 0'-4' Deep (Native Soil) - $1,100 each o 0'-4' Deep (Paved Area) - $1,300 each o 4'-8' Deep (Native Soil) - $1,400 each o 4'-8' Deep (Paved Area) - $1,600 each o 8'-12' Deep (Native Soil) - $1,700 Each o 8'-12' Deep (Paved Area) - $2,000 Each o 12'-18' Deep (Native Soil) - $2,600 Each o 12'-18' Deep (Paved Area) - $2,800 Each The ENGINEER will evaluate the SUE results and provide a summary of potential utility conflicts to the CITY. Task 6 — Preliminary Design Construction Plans (Lump Sum) Project Management and Administration o Develop project production plan and schedule o Prepare for and attend up to two (2) meetings with CITY o Prepare for and attend up to two (2) meetings with TxDOT o Project site visits o Data collection o Coordination with CITY o Coordination with subconsultants o Prepare meeting agendas and summaries o Project correspondence and invoicing o Quality control and internal plan reviews The ENGINEERwill prepare preliminary construction plansforthe intersection. The preliminary construction plans may include the following sheets: o Title Sheet o Index o General Notes o Project Control o Typical Paving Sections o Paving plan and profile o Traffic Signal (based on the approved 30% layout) o Existing Drainage Area Map o Proposed Drainage Area Map o Storm drain hydraulic calculations o Storm drain plan and profile sheets o Erosion Control Plan for each specific construction phase. Erosion control plans will be for plan review, approval, and contractor use in preparing the SWP3. The plan will conform to the City and Texas Commission on Environmental Quality (TCEQ) General 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kimley>>)Horn Attachment A - Page 6 Permit TXR150000 provisions. The elements of the Erosion Control Plan provided under this basic service shall include location and sizing of erosion control facilities, construction entrances, vegetative filters, inlet protection, sedimentation pond facilities, and the Best Management Practices (BMP's) for the purposes of erosion control for each phase of construction indicated above along with appropriate construction details. Basic services do not include a complete SWP3 Notebook. The General Contractor, Owner or other applicable Operators shall coordinate preparation of all elements comprising a complete SWP3 plan including but not limited to the project notebook, delegation letters, records keeping, inspections and reporting. The General Contractor or authorized site contractors/consultants shall install the storm water pollution control facilities, maintain the facilities, provide all construction phase documentation, inspection and pollution system management. The BMP's indicate on the erosion control plans shall be considered the minimum control to be provided for this project. Contractor shall be responsible for inspecting and modifying or replacing BMP's that are proving to be ineffective for site conditions. o Cross Sections at 50-ft intervals o Utility Adjustment Plan o Pavement Markings and Signing o Traffic Control Narrative (plan to be submitted as part of Final Design) The ENGINEER will submit four (4) copies of the preliminary plan sheets (two (2) full size (22" x 34"), two (2) half scale (11" x 17")) and a .PDF to the CITY and TxDOT. The ENGINEER will address comments from the CITY on the preliminary plan sheets. The ENGINEER will meet with the CITY to discuss the review comments. An ENGINEER's Opinion of Probable Construction Cost (EOPCC) will be prepared and provided to the CITY and TxDOT. Final Design Construction Plans (Lump Sum) • Final Design Construction plans to be provided via future contract. Task 7— Environmental Section 404 Permitting (Lump Sum) The proposed improvements have the potential to cross jurisdictional waters of the U.S. If impacts at the culvert crossing to waters of the U.S. fit the conditions of Nationwide Permit 14 (Linear Transportation Projects) and do not trigger notification to the USAGE, then the following tasks below are applicable. If any triggers for notification to the USAGE are met, then the task listed under Additional Services is applicable. Additional Services would be applicable if: • The permit General or Regional Conditions cannot be met; • Specific triggers for notification to the USAGE are met within the permit; • The impacts thresholds for the Nationwide Permit program are exceeded (greater than 0.10- acre, greater than 300-feet of stream impact, and are less than 0.50-acres at the complete crossing); or, • The City requests verification from the USACE. If impacts exceed 0.50-acres at the crossing, then an Individual Permit would be required and would be pursued under a separate scope. The EPA and the USAGE occasionally issue guidance concerning what they intend over which to exert jurisdiction. Observations will be made under the applicable guidance at the time of the observations. 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kim ley >>> H o r n Attachment A - Page 7 Subtask 1— Preliminary Jurisdictional Determination This task will include a review of readily available aerial photography and published data for the property, including USGS topographic maps and USDA soils maps. This task also includes field reconnaissance of the study area to determine the extent of potentially jurisdictional wetlands and other waters of the U.S. that may be subject to Section 404/401. This effort will be performed by a qualified scientist and the data collected will be used to write the USACE NWP 14 Descriptive Memo in Subtask 2 below. The field reconnaissance will be based on the professional judgment of ENGINEER, its use of the USACE 1987 manual (as modified by the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region, Version 2, March 2010), and it is understood that final authority over the delineation of waters of the United States lies with the appropriate federal agency. Potentially jurisdictional areas will be described in the text of the report and will be graphically depicted on aerial photography and other base data to give an understanding of the potentially jurisdictional areas. ENGINEER does not anticipate the need to flag or survey aquatic features. If this is required, it can be performed as an Additional Service under a separate scope of work. Subtask 2— USACE NWP 14 (Linear Transportation Projects) Descriptive Memo ENGINEER will provide a descriptive memo discussing the use of Nationwide Permit 14, Linear Transportation Projects, under a 'non -notification' scenario. The memo can be used to document the 'non -notification' permitting scenario and to provide the selected contractor with information relating to permit compliance. A description of selected General Conditions as well as a suggested list of Best Management Practices (BMPs) required for compliance with TCEQ water quality certification will be included. This scope is based on the understanding that proposed impacts to waters of the U.S. are less than 0.10-acre and 300-feet or less of stream impact at each separate, single and complete proposed crossing, the project will not include impacts to 'special aquatic sites' including wetlands and will not cause stream channelization. This scope will utilize the field work and data collected during the Preliminary Jurisdictional Determination from the previous Subtask 1. Though no coordination with the USACE is proposed, the use of this permit constitutes compliance with appropriate Federal regulations. All terms and conditions of the permit must be met by the owner. This task assumes coverage under the 2017-2022 nationwide permits. The Descriptive Memo will include the following information: • Brief project description, including site exhibits, as it relates to proposed impacts to waters of the U.S.; • Site visit photographs to document existing/preconstruction conditions; • A copy of the NWP 14 permit language with General Conditions; • State Water Quality Certifications and Conditions; • NWP Regional Conditions for Texas; • Cultural Resources information from readily available databases; and, • Threatened and Endangered Species information from readily available databases. Task 8 — Floodplain Feasibility Study (Lump Sum) The project limits include existing box culverts under Union Church Road at Tributary BB-9. The existing crossing likely does not currently contain the existing 100-year storm event. The existing box culverts are likely undersized and likely do not meet current CITY criteria. Improvements are anticipated to "WOMN Kimley>Morn Attachment A -Page 8 increase the capacity of the crossing. This Floodplain Feasibility Study task includes hydraulic analyses to determine the proposed crossing configuration to pass the design storm. The project reach of Tributary BB-9 is Zone AE with established Regulatory Floodway. The project reach of Tributary BB-9 is included in Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panels 48439C0090K and 48439C0095K dated September 25, 2009 and Tarrant County Flood Insurance Study (FIS) dated March 21, 2019. Data Collection o Request base hydrologic and hydraulic models from CITY, TxDOT, and/or FEMA. o Coordination with CITY to obtain design criteria and existing hydrologic and hydraulic models. o This task assumes a HEC-RAS base model will be available and provided by the CITY, TxDOT or FEMA including the design storm flow rate. This task excludes hydrologic analyses. o This task assumes the existing condition Davis Blvd. (FM 1938) crossing at Tributary BB-9 is included in the base model. Based on cursory review of the Tarrant County FIS, it appears the existing condition Davis Blvd. (FM 1938) crossing may not be included in the model and therefore, floodplain mapping at the project location may not be up to date. If corrections to the Davis Blvd. (FM 1938) crossing and surrounding floodplain are needed, this can be performed as Additional Services. o This task assumes the same base hydraulic model will be used for the Floodplain Study, CLOMR, and LOMR tasks and that a floodway plan will be available. Work outside of these parameters including but not limited to model conversion from HEC-2 to HEC-RAS, hydrologic analyses for flow determination, and additional hydraulic analyses due to multiple base models can be performed as Additional Services. Revised Existing Condition Modeling o Once the baseline hydraulic model for Tributary BB-9 is determined, ENGINEER will create a Revised Existing condition hydraulic model for existing and ultimate 100-year flows by updating the Effective hydraulic model with topographic survey data performed under a separate task. Proposed Condition Alternatives Modeling o ENGINEER will model up to three (3) alternatives for the proposed crossing configuration. The anticipated alternatives include: • Keeping the existing box culverts, adding parallel box culverts, and extending the box culverts to accommodate any proposed roadway widening if necessary; • Increasing the height of the existing box culverts, adding parallel box culverts, and extending the box culverts to accommodate any proposed roadway widening if necessary; and, • Removing the existing box culverts and replacing with a bridge. This alternative includes up to three (3) bridge geometries to size the crossing. o ENGINEER can perform additional alternatives an Additional Service. Design with Respect to CITY Criteria o ENGINEER will perform a hydraulic analysis to determine the preliminary impacts of the proposed improvements to the subject reach of Tributary BB-9 in relation to CITY criteria for water surface elevations and freeboard requirements for the ultimate 100- year design storm. o ENGINEER will endeavor to meet the CITY requirement of less than 1' water surface elevation increase for the ultimate 100-year storm event. It is assumed that if increases in water surface elevations are proposed, a CLOMR and LOMR will be required with future authorization. Effort for those tasks is included under separate tasks. o ENGINEER will endeavor to meet the CITY requirement of 2' freeboard at bridges 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kimley)))Horn Attachment A - Page 9 (measured between the water surface elevation and bridge low chord) and 1' freeboard at culverts (measured between the water surface elevation and the top of curb). o Design of improvements will be for the 100-year storm event based upon existing and ultimate watershed conditions for FEMA and CITY requirements, respectively. o Containing the ultimate 100-year storm event at the crossing may be infeasible. If the alternatives modeling does not contain the design storm event, a lower frequency design storm may be defined at a later time with CITY approval. o The Floodplain Study will be prepared in accordance with the CITY's Flood Hazard Ordinance dated March 2011, the CITY's Storm Drainage Policy Ordinance dated June 1994, and FEMA NFIP Title 44 CFR Parts 59, 62, 65, and 70 effective at the time of this scope of services. o Preliminary hydraulic impacts will be refined with respect to City criteria with future authorization. Meeting and Selecting Alternative o ENGINEERwill meet with the CITY to present the preliminary HEC-RAS model results for the three alternatives. o CITY and ENGINEER will jointly select the desired alternative. Once the alternative has been selected, the future authorization tasks will be scoped. o Only the selected alternative will proceed to the next phases of hydraulic modeling and be included in the final report. Erosion control and grading will be finalized with future authorization, and floodway modeling will take place with future authorization. Reporting o ENGINEER will prepare a Floodplain Study submittal to the CITY to report the proposed condition floodplain design. The Floodplain Study will include the following information. • Report text • Revised Existing Condition hydraulic and floodway model data • Proposed Condition hydraulic and floodway model data • Fully Developed 100-year Hydraulic Workmaps • 100-year Hydraulic Workmaps • Digital files o This task assumes the Floodplain Study report will not be in TxDOT format per TxDOT's Hydraulic Design Manual dated July 2016 and associated checklist (Guidelines for Hydraulic Reports Format). If additional reporting or exhibits are requested by TxDOT, those services can be performed as an Additional Service. Submittals and Comments o ENGINEER will submit up to two hard copies of the Floodplain Study to the CITY. o Addressing CITY comments will be provided under a separate task. Task 9 — Regulatory Submittals/Approvals (Hourly) The ENGINEER's role is limited, and services are only provided upon request from the Client and billed on a reimbursable basis as labor and direct expenses are incurred. The budgeted fee for this task is based on approximately 25 hours of ENGINEER labor. If additional effort is required, it will be performed as an Additional Service. ENGINEER will respond to CITY comments, as applicable, for the environmental Section 404 permitting and the floodplain feasibility study under this task. Due to the unknown nature of the comments, effort expended under this task will be billed on an hourly basis in accordance with ENGINEER's then current hourly rates. 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kim ley )))Horn Attachment A - Page 10 Task 10—Traffic Signal Operation Strategies (Reimbursable/Hourly) This task includes up to 60 hours and may include the following as requested by the CITY: SynchroTM Signal models will be developed to reflect an estimate of traffic demand, actual geometric conditions, and traffic signal control at each intersection during peak and off-peak conditions. It is anticipated that a total of four models including the intersections of Davis Boulevard at Continental Boulevard and Davis Boulevard at Bear Creek Parkway (City of Keller) will be developed to reflect the AM peak, Midday peak, PM peak, and off-peak conditions. It is anticipated that the off-peak operations will be appropriate for the weekends and during a range of time periods throughout the week. The initial timing of the intersection of Davis Blvd and Continental Blvd will be developed based on the intersection operating as an isolated intersection. After construction of the traffic signal, a new plan will be developed to coordinate this intersection with the intersection of Davis Blvd and Bear Creek Pkwy. Traffic counts will be collected at both intersections to help develop AM peak, Midday peak, PM peak, and off-peak coordinated timing plans. These models will be used to develop recommended signal timing strategies and will be presented to the CITY and to TxDOT prior to implementation in the field. It is anticipated that a meeting would take place where draft recommended signal operations can be presented and discussed, and feedback can be received for consideration in finalizing timing plans to be implemented. Coordinated timing will be provided to the CITY, City of Keller, and TxDOT either in a SynchroTM timing sheet format, or in a simple spreadsheet format that defines operating schedules, cycle lengths, offsets, split times for each movement, pedestrian walk and clearance intervals, yellow and all -red intervals, Once coordinated timing plans are developed, it is anticipated that TxDOT and/or the CITY will implement the coordinated timing in the field. Kimley-Horn will be present during implementation to observe and help fine tune the signal timing to work efficiently with traffic on the street during peak and off-peak periods. Coordinated timing is anticipated to be accomplished via GPS clocks to be installed in each traffic signal cabinet (if not already present). Task 11— Franchise Utility Coordination (Reimbursable/Hourly) This task includes up to 60 hours and includes the following: • Assist the CITY in the franchise utility coordination efforts during the survey, design, and bidding phases • CITY to provide a list of franchise utility contacts • Request utility maps and records from franchisees located within the project limits • Prepare and maintain a listing of potential franchise utility conflicts • Prepare for and attend up to three (3) franchise utility coordination meetings • Monitor and update the utility companies of CITY's project schedule during design • Monitor each utility company's relocation efforts and schedule during construction Bidding Phase Services (Reimbursable/Hourly) • Bidding Phase Services to be provided via future contract. Construction Phase Services (Reimbursable/Hourly) Construction Phase Services to be provided via future contract. 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kim ley >>> Horn Attachment A - Page 11 Record Drawings (Reimbursable/Hourly) • Record Drawings to be provided via future contract. Information to Be Provided By the CITY The CITY shall provide the following to the ENGINEER: • Record drawings for the project intersection • Appraisals and title work to be used for the acquisition services, along with document templates • Hydrologic and hydraulic models and associated drainage data Additional Services Any services not specifically identified in the Scope of Services shall be considered Additional Services. These may be performed on an individual basis upon written authorization by the CITY at our then current hourly rates under the existing Agreement if budget allows. Additional services include but is not limited to the following: • Right-of-way and easement(s) acquisition. • Developing a base hydrologic/hydraulics model for the study area. • Reviewing/analyzing the creek crossing under Davis Blvd (FM 1938) south of the intersection with Continental Blvd. • Approval/permitting processes for TOOT and Keller. • Public Meetings. • Services related to survey for easement or property acquisition and associated documents. • Services related to historical artifacts and any review or coordination required for the Texas Historical Commission. • Hydrologic analyses. • Hydraulic analyses for Big Bear Creek and additional tributaries other than items specifically listed in this scope. • Services related to regulatory permitting outside of that defined herein. • Submittal of Nationwide Permit Preconstruction Notification. • Submittal for Section 404 Individual Permit for the proposed project improvements. • Coordination with the USACE, TCEQ, and other resource or regulatory agencies during agency review of the permit applications and mitigation. Post submittal agency coordination, preparation, and submittal of a final mitigation plan (if required), mitigation construction and monitoring, additional cultural resources review, detailed threatened and endangered species surveys, tree surveys, or any item not specifically listed in this scope. • Compensatory mitigation required for permitting. • Identifying or correcting any deficiencies found in any data provided by others. ENGINEER will be entitled to rely upon any information provided by the CITY. • Stormwater Pollution Prevention Plan. • Hydraulic model conversion from HEC-2 to HEC-RAS. • Unsteady flow or 2-D hydraulic modeling. • Final design for the proposed preliminary plans outlined in Task 6 above • Any services not specifically defined above. 2201 West Royal Lane, Suite 275, Irving, TX 75063 Kimley>>> Horn Schedule Attachment A - Page 12 The ENGINEER will provide its services as expeditiously as practical to meet a mutually agreed upon schedule. Fee and Billing The ENGINEER will perform the services identified in the Scope of Services on either a Lump Sum or Reimbursable/Hourly basis in accordance with the following tasks: Lump Sum: Task Fee: Task 1 — Topographic and Boundary Survey $17,400 Task 6 — Preliminary Design Construction Plans $110,000 Task 7 — Environmental Section 404 Permitting $8,300 Task 8 — FloodDlain Feasibility Studv $61.500 Total Lump Sum: $197,200 Reimbursable/Hourly: Task Fee: Task 2 — ROW and Easement Document Preparation $17,000 Task 3 — ROW Agent Services $51,000 Task 4 — Geotechnical Services $19,300 Task 5 — Subsurface Utility Engineering (SUE) $18,000 Task 9 — Regulatory Submittals/Approvals $5,000 Task 10 —Traffic Signal Operation Strategies $15,000 Task 11 — Franchise Utilitv Coordination $12.500 Total Reimbursable/Hourly: $137,806 Total Fee: $335,000 The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum fee of $197,200. All permitting, application, and similar project fees will be paid directly by the CITY. Lump Sum fees will be invoiced monthly based upon percentage of services performed as of the invoice date. The ENGINEER will provide the Reimbursable/Hourly Tasks services on a labor fee plus expense basis. For your budgeting purposes, we recommend allocating $137,800 for these tasks (not -to - exceed). The fee breakdowns for each task are for budgeting purposes only and ENGINEER reserves the right to reallocate the reimbursable budget among tasks as necessary. Direct reimbursable expenses (subconsultant fees, out -of -house printing, courier services, etc.) will be billed at a rate of 1.10 times cost. Labor fee will be billed on an hourly basis based on then hourly rates. A percentage of labor fee (6%) will be added to each invoice and is included in the not -to -exceed budgets, to cover certain other expenses such as telecommunications, printing, in-house reproduction, postage, computer expenses, supplies, and local mileage. Administrative time related to the project will be billed hourly. All permitting, application, and similar project fees will be paid directly by the CITY. Fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. A description of services provided and hourly breakdown will be provided with each invoice. Payment will be due within thirty (30) days of your receipt of the invoice.