Item 4G - ESA Mustang Court Industrial AccessAGREEMENT 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 for full plans, specifications and
estimates for Mustang Court Industrial Access Improvements. This project is to be
known as the Mustang court Industrial Access Improvements (Southwestern Street
Extension) 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.
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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 an assumption of such
responsibility and liability by CITY for any negligent act, error, or omission in the
performance of ENGINEER's professional services or in the conduct or preparation of
the subsurface investigations, surveys, designs, working drawings and specifications or
other engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
J. Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON
OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION
OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT
ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS. THE PROVISIONS OF THIS SECTION ARE SUBJECT TO
THE LIMITATIONS OF TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND
SHALL BE CONSTRUED TO THAT EFFECT.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity (except the
indemnitees identified or described in Article I, Section J., above), notwithstanding the
fact that such third person or entities may be in a contractual relationship with CITY and
ENGINEER, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they
owe to either CITY or ENGINEER.
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L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right-of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within
reasonable time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in
Contractor's work;
6. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land
use regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services.
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10. Provide any other information or assistance as outlined in Attachment B
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 $322,000 for full design plans of Mustang
Court Industrial Access and an hourly basis plus expenses and reimbursable in an
amount not to exceed $310,000 (as outlined in the attached proposal) with a total not to
exceed of $632,500 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;
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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 giving written notice to the ENGINEER. Such termination may be
made effective on such future date as agreed by the parties, but absent such
agreement shall be immediate. Upon receipt of such notice the ENGINEER shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials in connection
with the performance of this Agreement and shall proceed to cancel promptly all existing
contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered
through the date of termination together with any additional reimbursable expense then
due.
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IX. ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage
in a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY's consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
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year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed as
expeditious 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 270
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
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If to ENGINEER: Brendan Yarborough, P.E.
Project Manager
Kimley-Horn and Associates, Inc.
225 E John W Carpenter Freeway, Suite 1100
Irving, Texas 75062
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:
By:
Shawn McCaskill, Mayor
ATTEST:
By:
City Secretary
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ENGINEER: Kimley-Horn and Associates, Inc.
By: D mto, L
Douglas Arnold, P
E., Contract Specialist
THE STATE OF TEXAS §
COUNTY OF DALLAS §
Before me on this day personally appeared
known to me [or proved to me on the oath of
(description of identity card
person whose name is subscribed to the foregoing
July authorized Snoeial;sf of Kirnlr
acknowledged to me that he/she executed the same
therein expressed.
Given under my hand and seal of office this
A. D.�q.
(SEAL)
TINA L. TREVINO
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%' i,c Notary Public, State of Texas
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Notary ID 132381938
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instrument and that he/she is the
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Notary Public, State of Texas
Notary's Name Printed
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Kimley>>> Horn Attachment
July 12t", 2024
Bryan Ahumada, P.E.
City Engineer
1400 Main Street, Suite 320
Southlake, Texas 76092
Re: Mustang Court Industrial Access Improvements (Southwestern Street Extension)
Southlake, Texas
Dear Mr. Ahumada,
Kimley-Horn and Associates, Inc. (the "ENGINEER" or "Kimley-Horn") is pleased to submit this
proposal (the "Agreement") to the City of Southlake (the "CITY") for providing professional engineering
services to perform the design services for Mustang Court Industrial Access Improvements
(Southwestern Street Extension). Our Scope of Services, Schedule, Fee and Billing are set forth below.
Project Understanding
Based on discussions with the CITY, the CITY has requested the ENGINEER to provide the design,
construction documents, and associated opinion of probable construction cost (OPCC) for
Southwestern Street Extension.
This scope of services includes the design of the following:
• Approximately 1,600 linear feet of 2 lane undivided concrete pavement.
• Sidewalk, ramps, and crosswalk improvements at the east side of Brumlow Avenue intersection
and along the north side of the proposed roadway improvements.
• Enclosed storm drain system design with outfall to Tributary BB-5, including associated
drainage area map and hydraulic calculations. Culvert crossing design at Tributary BB-5 and
at Brumlow Avenue.
• Approximately 550 linear feet of 12" sanitary sewer line improvements.
• Environmental Services and Hydrologic analysis of Tributary BB-5.
• Survey, geotechnical services, subsurface utility engineering, franchise utility and stakeholder
coordination, right-of-way documents and acquisition, bid phase services, construction phase
services, and record drawings
Scope of Services
Task 1— Pre -Design Topographic and Boundary Survey (Lump Sum)
The ENGINEER (through a Subconsultant) will perform topographic and boundary survey for the limits
of the project, as shown in Exhibit A. The following items will be performed:
• 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 Driveway limits and elevations
Kimley»>Horn
Attachment A - Page 2
o Drainage structures, channels, and flowlines (i.e. culverts, ditches, creeks, inlets,
manholes, pipes, and outfalls)
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 — Drainage Study (Lump Sum)
The ENGINEER will request the effective hydrologic and hydraulic models of Tributary BB-5 from the
CITY and FEMA. This task assumes hydrologic and hydraulic models will be available and digitally
executable.
The ENGINEER will use the effective FEMA hydrology developed by others for this project.
The ENGINEER will create a revised existing hydraulic model by updating effective cross sections with
on -ground survey and adding additional cross sections as deemed necessary based on on -ground
survey, aerial topography, and aerial imagery. One proposed condition model will be created to
determine the size of the proposed culverts and understand impacts to the 100-year floodplain as a
result of the proposed roadway crossing. This task assumes the city will provide an effective HEC-RAS
model which extends beyond the subject reach of Tributary BB-5 that is digitally executable.
The ENGINEER will submit a Floodplain Study to the CITY for review. The ENGINEER anticipates the
submittal will consist of the following items:
• Narrative;
• Existing and Proposed Floodplain Maps;
• HEC-RAS Model Output;
• Digital Files
The Drainage Study will be submitted to the CITY for review electronically. The ENGINEER will respond
to one round of reasonable comments for each submittal. Submittals will be made to accompany
construction plans at 60% and Final.
Kim l ey >>> H o r n Attachment A- Page 3
Task 3 — 30% Conceptual 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 (kickoff meeting, design review
meeting)
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 ENGINEER will build off the previous design efforts and prepare a Conceptual Plan Layout
and Typical Section
o Identify significant design constraints
o Establish and document design criteria
o Establish project centerline/baseline
o Establish project vertical profile
o Evaluate and document potential construction sequencing approaches (narrative only)
o Develop typical sections, including subgrade and pavement design recommendations
from the geotechnical report.
Drainage Area Map and Storm Drain Design
o Compile the hydrological and hydraulic data from CITY records
o Develop the drainage area map (determine conveyance path and runoff coefficients to
calculate design flow, subdivide the drainage areas into sub -areas and calculate the
discharge at each design point)
o Analyze existing curb inlets and resulting spread
o Analyze existing storm drain systems and report deficiencies.
o Develop conceptual level culvert layout
o Develop conceptual proposed roadway storm drainage size and inlet spacing
30% Conceptual Design Submittal
o Submit Roadway Conceptual Roll Plot Plan and Profile Layout and Typical Section to
the CITY.
o Develop conceptual level opinion of probable construction cost (OPCC). Because
Kimley-Horn does not control cost of labor, materials, equipment, or services furnished
by others, methods of determining prices, or competitive bidding or market conditions,
any opinions rendered as to cost, including but not limited to opinions as to the costs
of construction materials, shall be made on the basis of its experience and represent
its judgement as an experiences and qualified professional, familiar with the industry.
Kimley-Horn cannot and does not guarantee that proposals, bids, or actual costs will
not vary from its opinions cost.
Task 4 — 60% 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 Project site visits
o Data collection
o Coordination with CITY
o Coordination with subconsultants
o Prepare meeting agendas and summaries
Kimley»>Horn
Attachment A - Page 4
o Project correspondence and invoicing
o Quality control and internal plan reviews
The ENGINEER will prepare preliminary construction plans. The preliminary construction plans
include addressing one (1) round of 30% Conceptual Design Submittal comments from the
CITY and may include the following sheets:
o Title Sheet
o Index
o General Notes
o Project Control
o Demolition Plan
o Typical Paving Sections
o Paving plan and profile
o Minor water utility adjustments plan
o Pavement Markings and Signing
o Existing Drainage Area Map
o Proposed Drainage Area Map
o Storm drain plan and profile sheets
o Culvert crossing plan and profile sheets
o Sanitary sewer plan and profile sheets
o Erosion Control Plan
o Cross Sections at 50-ft intervals
o Traffic Control Narrative (plan to be submitted as part of Final Design)
The ENGINEER will submit the preliminary plan sheets via a .PDF to the CITY.
The ENGINEER will meet with the CITY to discuss the review comments.
The ENGINEER's Opinion of Probable Construction Cost (OPCC) will be updated based on
the updates from the 30% design and provided to the CITY.
Task 5 — 90% and 100% Final Design Construction Plans (Lump Sum)
• Project Management and Administration
o Prepare for and attend up to two (2) meetings with CITY
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 ENGINEER will update the plans based on comments received on the 60% Preliminary
Design. In addition, the ENGINEER will submit the following:
o Grading Plan
o Traffic Control Plan
o Drainage Calculations
o Details
• The ENGINEER will submit the final plan sheets via a .PDF to the CITY.
• The ENGINEER will address one (1) round of comments from the CITY on the final plan sheets.
The ENGINEER will meet with the CITY to discuss the review comments.
• The ENGINEER's Opinion of Probable Construction Cost (OPCC) will be updated and provided
to the CITY.
Kim l ey >>> H o r n Attachment A- Page 5
Task 6 — Additional Services (Reimbursable/Hourly)
The scope of services listed may or may not be performed as part of our services. Work under this task
shall only be performed at the discretion of the CITY. This task includes up to 902 hours of ENGINEER's
labor plus expenses (subconsultant and reimbursables) and may provide the following:
ROW and Easement Document Preparation (Reimbursable/Hourly)
• The ENGINEER will prepare up to nine (9) right-of-way and/or easement exhibits with metes
and bounds descriptions. Additional right-of-way documents can be prepared as Additional
Services at $2,500 per document.
• The ENGINEER will coordinate with the surveyor regarding proposed right-of-way and
easements.
ROW Agent Services (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will perform ROW Agent Services as follows:
• Prepare and deliver a monthly invoice for the project to the CITY with any supporting
documentation.
• Attend status meetings as deemed necessary by the CITY or the City. Date, time, and Location
are to be determined by the CITY.
• Provide bi-weekly written reports to the CITY on the status of service tasks completed and
service tasks remaining in order to bring the parcel into possession of the City. The ENGINEER
will provide a reporting format.
• Primary project and parcel files will be kept at the ENGINEERS's office with permanent records
transferred to the CITY upon project completion.
• Maintain records of all payments including, but not limited to, warrant number, amount, date
paid, etc.
• Maintain records of all correspondence and contacts with property owners.
• Analyze preliminary title reports to determine potential title problems, propose and inform the
CITY of methods to cure title deficiencies. This includes analysis of access easements.
• Analyze appraisal and appraisal review reports and confirm all values are approved prior to
making an offer for each parcel.
• Prepare and send the letter transmitting the Landowners' Bill of Rights by Certified Mail -Return
Receipt Requested (CMRRR).
• Prepare the initial offer letter, memorandum of agreement, instruments of conveyance, and any
other documents required or requested by the CITY on approved forms.
• The written offer, appraisal report, and required brochures must be sent to each property owner
or the property owner's designated representative through CMRRR, maintain follow-up
contacts, and secure the necessary instruments upon the acceptance of the offer for closing.
Retain copies of the unsigned CMRRR receipt and the appraisal as support for billing purposes.
• Make at least four (4) diligent attempts to negotiate with each property owner after which
negotiations will be considered exhausted.
• Prepare a separate negotiation contact report for each parcel.
• Copies of working and final file documents may be kept by the ENGINEER. Parcel files of
original documentation related to the purchase of the real property or property interests will be
maintained.
• Receive any counter offers from the property owner. Evaluate all counters, submit, and discuss
them with the Project Manager.
• After concurrence of the Project Manager, prepare a final offer letter and mail the documents
of conveyance by CMRRR.
Kim l ey >>> H o r n Attachment A- Page 6
Geotechnical Services (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will perform a geotechnical investigation as follows:
Subsurface Exploration. Along the roadway, drill and extrude four (4) sample borings to up to
10-feet below existing ground using truck -mounted equipment.
o Check samples for consistency with a hand penetrometer
o Backfill bore holes and plug at the surface
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
Engineering Services
o Prepare an engineering report presenting the following:
■ General soil and ground -water conditions
■ Recommendations for pavement subgrade type, depth, and stabilization
concentration
■ Guidelines for concrete pavement design
■ Earthwork recommendations
o The geotechnical engineer's design recommendations shall be relied upon by the
ENGINEER for the proposed pavement section for Southwestern Street
Submit one (1) copy of the report to the CITY
The ENGINEER will coordinate with the geotechnical engineer and implement
recommendations into the design.
Pre -design 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 ten (10) SUE Quality Level "A"
pothole. Reimbursable amount for this task assumes 4'-8' deep conditions.
The ENGINEER will evaluate the SUE results and provide a summary of potential utility
conflicts to the CITY.
Pre -construction topographic survey (Reimbursable/Hourly)
The ENGINEER (through a Subconsultant) will perform topographic and boundary survey for the
limits of the project, as shown in Exhibit A. The following items will be performed:
• 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:
0 Roadway pavement
Kimley»>Horn
Attachment A - Page 7
o Driveway limits and elevations
o Drainage structures, channels, and flowlines (i.e. culverts, ditches, creeks, inlets,
manholes, pipes, and outfalls)
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.
Pre -construction 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 ten (10) SUE Quality Level "A"
pothole. Reimbursable amount for this task assumes 4'-8' deep conditions.
The ENGINEER will evaluate the SUE results and provide a summary of potential utility
conflicts to the CITY.
Environmental Services (Reimbursable/Hourly)
Aquatic Resources Delineation
The ENGINEER will locate readily available resource documents which may include aerial
photographs, historic topographic maps, soil surveys, U.S. Fish and Wildlife Service (USFWS)
National Wetlands Inventory (NWI) maps,), Federal Emergency Management Agency (FEMA)
flood hazard layer, and other related data for a desktop review of site conditions.
The ENGINEER will perform a site visit to evaluate the existence and approximate locations of
aquatic resources on the site generally following the USACE 1987 Wetlands Delineation
Manual and the applicable USACE Regional Supplement. Following the site visit, the
ENGINEER will prepare exhibits showing the boundaries (polygons) and acreage and/or linear
footage (if applicable) of aquatic resources identified onsite during the site visit. Appropriate
feature data, locations, and extents will be collected with a GPS with sub -meter accuracy as
required by the USACE.
This scope of work does not include flagging; however, if warranted by the CITY, features can
be flagged for an additional fee to allow for surveyors to collect the data at a later date.
The ENGINEER will prepare a report for the project documenting the results of the aquatic
resources delineation performed onsite. The report will address the applicable regulatory
Kimley»>Horn
Attachment A - Page 8
framework, describe the assessment methodology, limitations and findings, provide site -
specific conclusions and jurisdictional analysis of identified features, and provide
recommendations pertaining to compliance with Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act. The report will also include applicable maps/exhibits,
site photographs, and data sheets/forms. This task assumes up to one revision of the
delineation report. If additional revisions are requested, additional fees may apply.
It is important for the CITY to understand that the Environmental Protection Agency (EPA) and
the USACE occasionally issue guidance concerning what they intend to assert jurisdiction over.
Changes that impact our strategy or scope will cause additional work and will be addressed as
an additional service amendment to this agreement. Observations will be made under the
applicable regulatory guidance at the time of the observations.
USACE NWP 14 Non -Notifying Memorandum
If it appears that the proposed project could be authorized by Nationwide Permit (NWP) 14 for
Linear Transportation Projects without notification to the USACE Fort Worth District, the
ENGINEER will add to the aquatic resources delineation report to document compliance with
the applicable NWP. This scope assumes that formal USACE notification and authorization is
not required; therefore, the ENGINEER will document specific project information and details
and how to use the perceived applicable NWP. The report will include regulatory language for
the applicable NWP with discussion of selected noteworthy General Conditions. The report
will include the following information:
• Brief project description of proposed impacts to aquatic features;
• NWP 14 permit language with General Conditions;
• State Water Quality Certifications and Conditions; and
• NWP Regional Conditions for Texas.
Though no coordination with the USACE is proposed as part of this Task, the use of the
applicable NWP constitutes compliance with appropriate Federal regulations. All NWP General
and Regional Conditions and NWP terms must be met by the CITY. For reference, notification
to the USACE involves the submittal of a Pre -Construction Notification (PCN), which may be
required if:
• The NWP General or Regional Conditions cannot be met;
• Specific triggers for notification to the USACE are met within the NWP;
• The impacts thresholds for the Nationwide Permit program are exceeded (greater than
0.10 acre and less than 0.50 acre, and 0.03 acre or less of stream bed at each separate,
single and complete crossing);
• The project proposes impacts to special aquatic sites, including wetlands; or
• CITY requests verification from the USACE.
This task is based on the ability to receive authorization under the current NWP Program (2022-
2026).
Kim l ey >>> H o r n Attachment A- Page 9
Desktop Cultural Resources Review
The ENGINEER will engage a professional archeologist subconsultant to perform a desktop
cultural resources review. The results of the desktop review will be compiled in a letter report,
which can be used to coordinate the field efforts with the USACE Fort Worth District Regulatory
Archeologist and/or Texas Historical Commission (THC) if a survey is requested during USACE
permit review (if permitting is required). The purpose of the desktop review is to identify and
describe existing cultural resources in the project area, discuss the potential for discovering
previously unknown cultural resources, and make recommendations about the need for further
archeological work so that the project can proceed.
The archeologist will compile information from records/databases, including (as necessary):
• Texas Archeological Sites Atlas (TASA);
• National Register of Historic Places (NRHP);
• Additional records at the Texas Archeological Research Laboratory (TARL);
• Natural Resources Conservation Service (NRCS) soil maps;
• Bureau of Economic Geology geological maps;
• City, state, or county planning documents (when available);
• USGS topographic maps;
• Records available at city and county historical societies; and
• Published local histories.
A letter report that details the results of the records search and presents a review of the
natural environment and cultural history of the project area, along with conclusions and
recommendations of findings. This letter will include a discussion of the potential for the
proposed project to affect known archeological sites, State Antiquities Landmarks (SALs), or
sites listed or potentially eligible for listing on the NRHP. In addition to this discussion, the
letter will also address the likelihood that the proposed project will encounter areas with a
high potential for containing cultural resources. The report will be submitted to the CITY for
review.
Protected Species Assessment
The ENGINEER will perform a protected species assessment in an effort to assess potential
impacts to wildlife species protected by federal laws including the Endangered Species Act
(ESA), the Migratory Bird Treaty Act (MBTA), and/or the Bald and Golden Eagle Protection
Act (BGEPA) enforced by the U.S. Fish and Wildlife Service (USFWS). Potential impacts to
wildlife species protected by state laws enforced by the state specific wildlife
department/agency will also be assessed.
The ENGINEER will review readily available resources in an attempt to identify potentially
suitable habitat for protected species to be evaluated in the field or "spot-checked." Resources
may include, but may not be limited to:
• Federally and state listed threatened and endangered species on a county -wide
basis
• USFWS Information for Planning and Consultation (IPaC) portal
• Current and historical topographic maps
Kimley»>Horn
Attachment A -Page 10
• Current and historical aerial photographs
• State ecoregion maps vegetation information/data
• Soil survey data
• USFWS NWI data
• Available existing information regarding topography and geology of the site
Site observations will be performed to evaluate the presence of federally and/or state -listed
threatened and endangered species and the presence of suitable habitat for federally -listed
threatened and/or endangered species. Additionally, the presence of migratory birds, bald
eagles, golden eagles, and suitable habitats will be evaluated. While performing the site visit,
species locations (if observed) will be collected with a GPS unit and will be displayed on an
exhibit as part of the report. If observed, a preliminary map will be provided to the CITY prior
to preparation and issuance of the report. Preliminary findings will be provided to the CITY
following the site visit.
The ENGINEER will prepare a protected species assessment report that will include the
applicable regulatory framework, describe the assessment methodology, provide limitations
and findings, and provide site -specific conclusions and recommendations.
USACE NWP Pre -Construction Notification (PCN)
NWPs generally allow for impacts to jurisdictional waters that do not exceed 0.5 acre in
area. NWPs only authorize single and complete projects. Each single and complete project
must show independent utility, that it would be constructed absent the construction of other
projects in the area. Some NWPs require notification to the USACE prior to commencing
construction activities onsite.
Given our understanding of the proposed project, notification to the USACE Fort Worth District
could be required under the terms and conditions of NWP 14 for Linear Transportation Projects.
Under NWP 14, notification to the USACE is required if permanent impacts to waters of the
U.S exceed certain thresholds, or if there is a discharge into special aquatic sites, including
wetlands. The ENGINEER may prepare a pre -construction notification (PCN) package for the
proposed project requiring the NWP authorization. Under this scenario, the ENGINEER
anticipates providing, at a minimum, the following information in the PCN document:
o Aquatic Resources Delineation Report
o Project Description (input from the CITY may be necessary)
o Purpose and Need (input from the CITY may be necessary)
o Plan, Profile, and other CAD Drawings (input from the CITY may be necessary)
o Threatened and Endangered Species information from readily available databases
o Cultural Resources information from readily available databases.
Upon compilation of the PCN document, the ENGINEER will submit to the CITY for review and
minor comments. The ENGINEER will make minor revisions based upon the CITY's review of
the permit application.
Although not anticipated, the USACE may require species specific studies for threatened and
endangered species and/or cultural resources field studies. Potential species and/or cultural
resources field studies are not included in this Agreement. The ENGINEER will attempt to
identify if these items are needed as early as possible; however, the potential needs for these
Kimley»>Horn
Attachment A -Page 11
additional studies are not likely to be recognized until after the permit application has been
submitted to the USACE.
USACE Field Verification Site Visit
The USACE may require a site visit to verify conditions in the field. The ENGINEER will attend
this site visit with the USACE. The USACE may modify the aquatic feature classifications or
may request additional information about aquatic features. The ENGINEER will update the
NWP 14 PCN package based on this field site visit and provide the modifications to the USACE.
This task includes one (1) site visit with the USACE and one (1) set of an additional information
request from the USACE.
Functional Assessment Mitigation Plan
As impacts are potentially anticipated to exceed mitigation thresholds, the ENGINEER will
perform a functional assessment on the streams/wetlands to evaluate current conditions and
functional capacity. The USACE Fort Worth District has developed a functional assessment
method, known as the Texas Rapid Assessment Method (TXRAM). This is a procedure to
rapidly assess the ecological condition of jurisdictional wetlands and streams. The output from
TXRAM will be used for calculating impacts and compensatory mitigation associated with
USACE authorized activities.
The ENGINEER will conduct the functional assessment using TXRAM and will complete the
applicable data sheets. Using the TXRAM scores and proposed impacts, the ENGINEER will
develop a mitigation plan (utilizing mitigation bank credits) to submit to the USACE for review
and approval. Mitigation plan development typically occurs close to permit authorization by the
USACE in the event impacts or TXRAM scores are changed.
Post -Submittal Agency Coordination
Coordination with other resource or regulatory agencies during the USACE agency review of
the permit application will be included in this task.
Bidding Phase Services (Reimbursable/Hourly)
This task may include the following as requested by the CITY:
• The ENGINEER will prepare a Project Manual for public bidding
• The ENGINEER will prepare the documents via an electronic bidding site such as CivCast.
Hosting fees are included in the contract price.
• Issue addenda as appropriate to interpret, clarify, or expand the bidding document
• Attend the Bid Opening
• Tabulate the bids received and evaluate the compliance of the bids received with the bidding
document
• Prepare a written summary of this tabulation and evaluation together with a letter addressing
the award of the construction contract
• The ENGINEER will coordinate with the selected bidder and prepare the contract documents
for execution (including printing up to six (6) plan sets)
Kim l ey >>> H o r n Attachment A - Page 12
Franchise Utility and Stakeholder Coordination (Reimbursable/Hourly)
This task may include the following as requested by the CITY:
• Assist the CITY in the franchise utility and stakeholder coordination efforts during the survey,
design, and bidding phases
• CITY to provide a list of franchise utility and adjacent businesses 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
Construction Phase Services (Reimbursable/Hourly)
This task may include the following as requested by the CITY:
The ENGINEER may provide the following professional services during the construction phase:
• Pre -Construction Conference. The ENGINEER will conduct or attend a Pre -Construction
Conference prior to commencement of Work at the Site.
• Visits to Site and Observation of Construction. The ENGINEER will provide on -site
construction observation services during the construction phase to monitor whether the
Contractor's work is generally proceeding in accordance with the Contract Documents. The
ENGINEER will make visits at intervals as directed by CITY in order to observe the progress
of the Work. Such visits and observations by the ENGINEER 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 the ENGINEER's exercise of professional judgment.
Based on information obtained during such visits and such observations, the ENGINEER will
evaluate whether Contractor's work is generally proceeding in accordance with the Contract
Documents, and the ENGINEER will keep CITY informed of the general progress of the Work
based upon the ENGINEER's exercise of professional judgement and industry standards.
• The purpose of the ENGINEER's site visits will be to enable the ENGINEER to better carry
out the duties and responsibilities specifically assigned in this Agreement to the ENGINEER,
and to provide CITY a greater degree of confidence that the completed Work will conform in
general to the Contract Documents. The ENGINEER 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 the ENGINEER 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, the
ENGINEER 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. The ENGINEER shall timely notify and consult with the CITY about
any of the ENGINEER's concerns about the Contractor's work and its adherence to the
Contract Documents.
Kimley»>Horn
Attachment A -Page 13
Clarifications and Interpretations. The ENGINEER will respond to reasonable Contractor
requests for information and issue necessary clarifications and interpretations of the Contract
Documents to the CITY as needed for the orderly completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be made by the CITY.
Shop Drawings and Samples. The ENGINEER will review and 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.
Limitation of Responsibilities. The ENGINEER shall not be responsible for the acts or
omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other
individual or entity performing or furnishing the Work. The ENGINEER shall not have the
authority or responsibility to stop the work of any Contractor.
Record Drawings (Reimbursable/Hourly)
The ENGINEER shall prepare construction Record Drawings based on the CITY's requirements.
This task may include the following as requested by the CITY:
The CITY will furnish to The ENGINEER a "marked -up" field set of plans that identifies any
modifications to the "As -bid" contract documents. The ENGINEER will be entitled to rely upon
the "marked -up" field set for the purpose of preparing the record drawings.
The ENGINEER shall submit to the CITY a completed set of record drawings for CITY review
and approval. Upon CITY approval, The ENGINEER will submit the following:
o Two blackline (22"X34") sets of plans, including all sheets of the approved civil
drawings with cover sheet, details, etc.
Record drawings digital files will be submitted to the CITY and include the following:
o An electronic copy of the record drawings submitted on CD/DVD or flash drive in the
following formats in PDF and DWG file formats
TDLR Fees and Coordination (Reimbursable/Hourly)
This task may include the following as requested by the CITY:
Texas Department of Licensing and Regulation (TDLR)
o Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter
68 Texas Administrative Code, and become familiar with the governmental authorities
having jurisdiction to approve the design of the Project
o Register the project with TDLR.
o Submit construction documents (final, signed and sealed plans) to a TDLR licensed
Registered Accessibility Specialist (RAS) no later than the 20th day after the date the
ENGINEER issues the plans for construction.
o Complete all TDLR forms/applications necessary.
o Request an inspection from the RAS no later than 30 calendar days after construction
substantial completion. Advise the CITY in writing of the results of the inspection.
o Respond to agency comments and requests.
o ASSUMPTIONS
• ENGINEER will pay project registration, plan review, and inspection fees.
• The scope does not include services related to obtaining a variance from
TDLR.
Kim l ey >>> H o r n Attachment A - Page 14
Post Construction Field Survey and LOMR (Reimbursable/Hourly)
The ENGINEER, through a subconsultant, will prepare a topographic survey for Tributary BB-5 to
be used for the LOMR. The topographic survey is to be used in-house and will not be issued as a
stand-alone survey document. The survey will consist of: Flowline elevations of the constructed
culverts (upstream and downstream); Contour lines representing the roadway deck and side slopes
of the constructed roadway; and Contour lines of Tributary BB-5 for 100-feet upstream and
downstream of roadway crossing.
The ENGINEER will prepare a Letter of Map Revision (LOMR) application for submittal to the CITY
and FEMA for Tributary BB-5.
The ENGINEER will use the hydrologic model updated as a part of the Drainage Study task of this
scope for existing condition watershed flows in Tributary BB-5.
The ENGINEER will update the existing condition HEC-RAS model analyzed under the Drainage
Study task with the post -construction field survey obtained in the Post Construction Field Survey
Task. This LOMR submittal is limited to the proposed roadway crossing associated with this scope,
additional work required to extend the limits of the LOMR to incorporate additional crossings (such
as Ira E Woods or the Private Crossing directly downstream of the project site) will be performed
as an additional service.
The LOMR application will include the following:
• Narrative;
• Drainage Area Maps;
• Hydrologic Calculations;
• Floodplain Workmaps;
• Annotated FIRM;
• FEMA Forms;
• Digital Files.
The ENGINEER will address up to two rounds of CITY comments and up to two rounds of FEMA
comments under this task. Additional rounds of comments will be considered additional services.
CITY will pay any FEMA review fees.
Conditional Letter of Map Revision (CLOMR) Request
The ENGINEER will prepare a Conditional Letter of Map Revision (CLOMR) application for the
subject reach of Tributary BB-5 for submittal to the CITY and FEMA.
This CLOMR submittal is limited to the proposed roadway crossing associated with this scope,
additional work required to extend the limits of the CLOMR to incorporate additional crossings (such
as Ira E Woods or the Private Crossing directly downstream of the project site) will be performed
as an additional service. THE ENGINEER will use effective FEMA hydrology for this project.
The purpose of this task will be to determine water surface elevations for the FEMA storm events,
delineate the FEMA floodplain, and confirm compliance with FEMA criteria.
Kimley»>Horn
Attachment A -Page 15
The ENGINEER will perform a field investigation and a review of readily available databases
relevant to Federal listed species. Based on the findings, the ENGINEER will make a determination
regarding endangered species. The fee included as part of this task assumes that the findings will
result in a determination of no potential for "Take".
The ENGINEER will submit the statement to FEMA as part of the CLOMR. If the field investigation
reveals an outcome otherthan "no potential for Take exists," the ENGINEER can perform a detailed
study and produce the additional documentation at an additional service.
The CLOMR application will include the following:
• Narrative;
• Floodplain Workmaps;
• Annotated FIRM;
• FEMA Forms;
• Digital Files.
The ENGINEER will submit an electronic copy of the CLOMR to the CITY and FEMA. The
ENGINEER will respond to one round of comments from the CITY and one round of comments
from FEMA under this task. The online FEMA CLOMR fee is currently $6,500. This fee, the
newspaper notification fee, and all other potential review, submittal, or project related fees will be
paid directly by the CITY.
Additional Design (Reimbursable/Hourly)
This task may include the following as requested by the CITY:
• Design changes to plans outside the scope outlined in Tasks 3-5.
• Meeting with CITY or other stakeholders to review plans or discuss changes to plans,
Kim l ey >>> H o r n Attachment A - Page 16
Information to Be Provided By the CITY
The CITY shall provide the following to the ENGINEER:
■ Record drawings for the adjacent properties.
■ Available topographic survey and design CAD files
■ All HEC-RAS FEMA models proposed by others.
■ Appraisals and title work to be used for the acquisition services, along with document templates
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.
Schedule
The ENGINEER will provide its services as expeditiously as practical to meet a mutually agreed upon
schedule.
Kimley»>Horn
Fee and Billing
Attachment A -Page 17
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 $18,000
Task 2 — Drainage Study $22,000
Task 3 — 30% Conceptual Design Construction Plans $79,000
Task 4 — 60% Preliminary Design Construction Plans $96,000
Task 5 — 90% and 100% Final Design Construction Plans $107,000
Total Lump Sum: $322,000
Reimbursable/Hourly: Task Fee:
Task 6 — Additional Services (Reimbursable/Hourly) $310.500
Total Reimbursable/Hourly: $310,500
Total Fee: $632,500
The ENGINEER will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum
fee of $322,000. 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 $310,500 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.
Kimley»>Horn
Closure
Attachment A -Page 18
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute the Agreement for Engineering Services and return to us. Fees and times
stated in this Agreement are valid for sixty (60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
�"'e OQ-/Y
Brendan Yarborough, RE
Project Manager
Exhibit A
Kimley>»Horn
Kimley-Horn and Associates, Inc.
Hourly Labor Rate Schedule
Classification Rate
Analyst $165 - $250
Professional $235 - $300
Senior Professional 1 $260 - $360
Senior Professional II $345 - $380
Senior Technical Support $160 - $285
Support Staff $110 - $150
Technical Support $125 - $155
Effective through December 31, 2024
Subject to adjustment thereafter