Item 9B - MemoItem 9B
CITY OF
SOUTHLAKE
MEMORANDUM
May 30, 2025
To: Alison Ortowski, City Manager
From: David Miller, Director of Community Services
Subject:
Approve an Engineering Services Agreement (ESA) with Kimley-Horn
and Associates Inc. for engineering, design services, and construction
administration for the Town Hall Plaza Park Project, in an amount not
to exceed $1,775,370
Action
Requested:
City Council approval of an Engineering Services Agreement (ESA)
with Kimley-Horn and Associates Inc. for engineering, design services,
and construction administration for the Town Hall Plaza Park Project,
in an amount not to exceed $1,775,370
Background
Information:
The purpose of this item is for the City Council to approve an
agreement with Kimley-Horn and Associates for engineering, design
services, and construction administration for the Town Hall Plaza Park
Project, in an amount not to exceed $1,775,370.
In April 2024, City staff engaged Tate Snyder Kimsey Architects (TSK)
and Kimley-Horn and Associates Inc. to conduct a feasibility study and
develop three conceptual designs for renovations to Rustin and Family
Park. The City Council reviewed the proposed conceptual designs at
the December 3, 2024, Council meeting and the FY 2025 Winter
Workshop. During a subsequent City Council meeting on March 4,
2025, the Council finalized a prioritized scope of improvements for the
project.
In addition to a larger scope of visual enhancements within the park,
necessary maintenance and infrastructure improvements were also
identified and are included within the scope of work. These
enhancements include upgrading underground utilities to allow for
increased electrical capacity, food truck water and electrical, and tent
electrical capacity, as well as addressing the pond and the condition of
the retaining wall. Adding bollards is also included as part of the
necessary improvements to improve the safety of large community
events. Finally, work will be done on the existing site drainage
environment to address drainage concerns across the site.
Other prioritized enhancements will include creating a flexible Main
Street, closing Fountain Place, which will become a large plaza space,
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Alison Ortowski, City Manager
Meeting Date —June 3, 2025
Page 2 of 3
installing a larger Pavilion made of composite materials with AV and
lighting infrastructure, including artificial turf in place of natural grass,
and installing a larger fountain. Shade structures with additional
seating will also be constructed on the site, and infrastructure will be
put in place for AN and mechanical storage as well as restroom and
vending areas that could be built now or in the future.
The scope of work included in this proposed agreement includes
the following:
Project management and design coordination — This task includes
managing the contract and monitoring the project schedule and
deliverables.
Schematic design, design development, and construction
documents — This task includes design, design development, and
construction documents for landscape architecture, civil engineering,
mechanical, electrical, plumbing, subsurface, structural, architectural,
and all other elements included in the project.
Construction phase services — This task includes bidding phase
services for all elements of the project, construction phase services,
and construction phase public communication and coordination.
In February 2025, City Staff engaged Kimley-Horn and Associates Inc.
to submit a proposal for the revised scope, which is summarized
above and included as attachment A in your packet. The do not
exceed amount for this ESA is $1,543,800, and the $17,775,370 not to
exceed authorization includes a 15% design contingency to be used to
address any unanticipated conditions encountered during design and
construction administration. Given their solid reputation, their proven
experience, and prior satisfactory work with the city, staff recommend
that the City enter into an engineering services agreement with
Kimley-Horn to perform these engineering, design, and construction
administration services.
Financial
Considerations: Funding for this ESA is available within the Town Hall Plaza Park
project fund from the approved FY2025 Capital Improvements
Program in the SPDC fund. This fund has a balance of $6,286,401.
Strategic Link: This item is linked to the City's Strategy Map related to the focus
areas of Infrastructure and Development and Partnership and
Volunteerism and meets the corporate objectives of investing to
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Alison Ortowski, City Manager
Meeting Date —June 3, 2025
Page 3 of 3
provide and maintain high -quality public assets and collaborating with
select partners to implement service solutions.
Citizen Input/
Board Review: SPDC recommendation June 3, 2025
City Council consideration June 3, 2025
Legal Review: The proposed professional services agreement with Kimley-Horn is a
standard contract that has been reviewed by the City Attorney.
Alternatives: 1) Approval of the proposed agreement as presented
2) Approval with modifications to the proposed agreement
3) Denial of the proposed agreement
Supporting
Documents:
Attachment A: Engineering Services Agreement
Staff
Recommendation: Approve an Engineering Services Agreement (ESA) with Kimley-Horn
and Associates Inc. for engineering, design services, and construction
administration for the Town Hall Plaza Park Project, in an amount not
to exceed $1,775,370.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Engineering Services Agreement with Kimley-Horn and
Associates Inc.
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 2025 by and
between the City of Southlake, a Texas home rule municipality (hereinafter referred to as
"CITY"), and Kimley-Horn and Associates, Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, CITY contemplates the need for engineering services for the
proposed North Park Turf Improvements Project (hereinafter referred to as the "Project").
WHEREAS, ENGINEER is licensed, 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.
WHEREAS, in accordance with Texas Gov't Code Ch. 2254, CITY has determined
that ENGINEER is acceptable to CITY and is the most highly qualified provider of services
for the Project on the basis of demonstrated competence and qualifications; and
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 the scope of
basic services and fee schedule, which is attached hereto as Attachment A and
incorporated by reference as if fully set forth herein.
I. ARTICLE
A. Scope of Work ENGINEERING SERVICES
ENGINEER will provide the supervision, direction, personnel, and equipment to
perform the engineering services outlined 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
Page 1
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.
D. Coordination with CITY
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
Page 2
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.
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 or Project to be
constructed. Engineer, shall without additional costs or fee to the CITY, correct or revise
any errors or deficiencies in ENGINEER'S performance.
J. Indemnification
THE ENGINEER SHALL HOLD HARMLESS AND INDEMNIFY THE CITY FROM
ALL CLAIMS AND LIABILITY FOR DAMAGE ARISING OUT OF OR IN CONNECTION
WITH THIS CONTRACT TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR
RESULTS FROM A NEGLIGENT ACT, ERROR, OR OMISSION, INTENTIONAL TORT,
INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE ENGINEER OR THE
ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE ENGINEER EXERCISES CONTROL. THE ENGINEER SHALL
ALSO REIMBURSE THE CITY FOR ANY AND ALL LEGAL COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEY FEES WHICH MIGHT BE INCURRED BY
THE CITY IN LITIGATION OR OTHERWISE RESISTING SAID CLAIM OR
LIABILITIES, WHICH MIGHT BE INCURRED BY, CHARGED AGAINST, OR IMPOSED
ON THE CITY AS THE RESULT OF SUCH NEGLIGENT ACTS OR OMISSIONS BY
THE ENGINEER IN PROPORTION TO THE ENGINEER'S LIABILITY. 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.
ENGINEER further agrees that during the course and scope of this AGREEMENT,
except with CITY'S knowledge and consent, ENGINEER shall not represent any third -
Page 3
party against the CITY in any claim, litigation, or other matter, or be retained to act as an
expert witness for any third party in any claim, litigation, or any other matter that is, or
may be, adversarial to the CITY, as determined by the CITY.
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. ENGINEER shall provide a list of all subconsultants, subcontractors,
supplier, or any entity over which ENGINEER exercises control on form AIA G05, or a
similar form approved by CITY.
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:
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, except as otherwise provided on Attachment A;
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;
Page 4
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;
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services; and
10. Provide any other information or assistance as outlined in Attachment A
hereto.
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be
paid on a lump sum basis in the amount of $1,360,500.00 for Basic Services, plus
$77,500.00 for Optional Services; the ENGINEER shall be paid on an hourly not to exceed
basis in the amount of $105,800 (as outlined in Attachment A) with a total not to exceed
cost ceiling of $1,543,800.00 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 City 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
Page 5
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
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; or
6. Other services agreed to by the parties in writing and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
ENGINEER agrees to furnish professional engineering services in accordance
with the terms and conditions of this Agreement (1) with the professional skill and care
ordinarily provided by competent engineers practicing under the same or similar
circumstances and professional license; and (2) as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer.
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.
Page 6
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 information, documents, and communications relating to this Agreement
may be subject to the Texas Public Information Act ("Act") and any opinion
of the Texas Attorney General or a court of competent jurisdiction relating
to the Act. 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.
Page 7
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 per claim and in the aggregate. 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 material
modification or alteration in such Professional Liability (Errors and Omissions) Insurance.
The "City of Southlake, Texas, and its officers, officials, and employees", shall be
named as an additional insured by endorsement to the general insurance coverage listed
in this Agreement, excluding Workers' Compensation, Employers' Liability, and
Professional Liability (for which a waiver of subrogation is required to be issued in favor
of the CITY), with regard to ENGINEER's activities as required by this Agreement.
ENGINEER shall provide any defense provided by the policy to a named insured. The
coverage shall contain no special limitations on the scope of protection afforded to CITY,
and all premiums arising from the coverage herein shall be the responsibility of
ENGINEER.
XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed by March
2026. 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
Page 8
accordingly, subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Alison Ortowski
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: Laura Presley, PLA
Landscape Architect
Kimley-Horn and Associates, Inc.
801 Cherry Street, Unit 11 Suite 1300
Fort Worth, TX 76102
Phone: (817) 349-6821
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
Page 9
GOVERNMENTAL FUNCTIONS
The parties hereby acknowledge and agree that CITY is entering into this
Agreement pursuant to its governmental functions and that nothing contained in the
Agreement shall be construed as constituting a waiver of CITY'S governmental immunity
from suit or liability, which is expressly reserved to the extent allowed by
law. Notwithstanding anything to the contrary herein, the parties hereby acknowledge
and agree that to the extent this Agreement is subject to the provisions of Subchapter I
of Texas Local Gov't Code Ch. 271, as amended, the CITY'S immunity from suit is waived
only as set forth in Subchapter I of Texas Local Gov't Code Ch. 271. Further, the parties
agree that this Agreement is made subject to all applicable provisions of the Texas Civil
Practice and Remedies Code, including but not limited to all defenses, limitations, and
exceptions to the limited waiver of immunity from liability provided in Chapter 101 and
Chapter 75 of the Texas Civil Practice and Remedies Code.
XV. ARTICLE
EMPLOYEE VERIFICATIONS/DEBARMENT
To the extent allowed by Texas law, ENGINEER shall verify that a criminal
background check has been performed on all of its employees working on the Project.
Verification should show clearance of county, federal, and national criminal records and
of sex offender records for each employee. No employee will be permitted to work on the
Project if the employee has a criminal record of violent or sexual offenses, or other violent
crimes of moral turpitude. A criminal background check will be required for each new
employee that ENGINEER employs to perform work on the Project, and ENGINEER shall
certify compliance with this paragraph to CITY. All costs associated with the criminal
background checks are the responsibility of ENGINEER. In addition to the foregoing
requirements of this paragraph, ENGINEER shall also certify that its employees have not
been debarred, suspended, or otherwise excluded under federal laws, rules, or
regulations.
XVI. ARTICLE
ENGINEER'S SEAL
The ENGINEER shall place a Texas Professional Engineer's seal of endorsement
on all documents and engineering data furnished by ENGINEER to CITY.
XVII. ARTICLE
PUBLIC FUNDING
Page 10
This AGREEMENT is subject to the appropriation of public funds by the City in its
budget adopted for any fiscal year for the specific purpose of making payments pursuant
to this AGREEMENT for that fiscal year. The obligation of the City pursuant to this
AGREEMENT in any fiscal year for which this AGREEMENT is in effect shall constitute a
current expense of the City for that fiscal year only, and shall not constitute an
indebtedness of the City of any monies other than those lawfully appropriated in any fiscal
year. In the event of non -appropriation of funds in any fiscal year to make payments
pursuant to this AGREEMENT, this AGREEMENT may be terminated without any liability
to either party.
XVIII. 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.
XIX. ARTICLE
TEXAS BOYCOTT PROHIBITIONS
To the extent required by Texas law, ENGINEER verifies that: (1) it does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association, as defined in Texas Government Code § 2274.001, as
amended, and that it will not during the term of this Agreement discriminate against a
firearm entity or firearm trade association; (2) it does not "boycott Israel" as that term is
defined in Texas Government Code § 808.001, and Texas Government Code Ch. 2271,
as amended, and it will not boycott Israel during the term of this Agreement; (3) it does
not engage in business with terrorist countries or other countries prohibited by the State
of Texas; and (4) it does not "boycott energy companies," as those terms are defined in
Texas Government Code §§ 809.001 and 2274.001, and it will not boycott energy
companies during the term of this Agreement.
XX. ARTICLE
ETHICS DISCLOSURE
To the extent required by law, ENGINEER represents that it has completed a
Texas Ethics Commission (the "TEC") form 1295 ("Form 1295") generated by the TEC's
electronic filing application in accordance with the provisions of Texas Gov't Code Ch.
2252.908 and the rules promulgated by the TEC. The parties agree that, with the
exception of the information identifying the CITY and the contract identification number,
the CITY is not responsible for the information contained in the Form 1295.
XXI. ARTICLE
EXTENT OF AGREEMENT
Page 11
This Agreement represents the entire and integrated agreement between CITY
and ENGINEER and supersedes all prior negotiations, representations or agreements,
either written or oral.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed
in two (2) equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
Alison Ortowski, City Manager
ATTEST:
By:
City Secretary
ENGINEER: Kimley-Horn and Associates, Inc.
By: J"'af �Wd
Scott R. Arnold, Vice President
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared Scott R. Arnold 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 Vice President of Kimley-Horn
and Associates, Inc., and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
Page 12
Given under my hand and seal of office this
15 day of May , 2025.
•\` .N F
Notary PL61ic,
State of Texas
F OF ����:'
Evelyn Romero
;p
��� F '•. 1335695�• 6 ��
Notary's Name
Printed
r 02 i 03;�O�
Page 13
Exhibit A
BASIC ENGINEERING SERVICES
Page 14
Kimley»>Horn
Project Understanding
IJ
l , f
err \
Attachment A Page 1
This project consists of preparing final design documents for the previously completed conceptual design
of Southlake Town Square.
Assumptions
ENGINEER's scope and fee are based on the following assumptions:
• The site is located within the CITY of Southlake in Tarrant County, Texas
• The Site Plan process will be submitted and approved through the CITY
• The site layout will be the previously completed Conceptual Design as presented at Southlake
City Council's Winter Workshop on January 30, 2025 and per Council direction on March 4,
2025 consisting of closing Fountain Place, providing artificial turf, replacing the gazebo, and
eliminating the pond overlook. ENGINEER will assist in preliminary site planning coordination
under Task 2. Any revisions to the final site plan after completion of Task 2 will be considered
an additional service
• The project will be permitted and developed in one phase
• The site is zoned to allow for the proposed use. No zoning application or variance waiver
requests are included in the Scope of Services
• Adequate water and sanitary sewer capacity is available to this project and at the project
boundaries. No offsite utility study nor improvements are included
• It is anticipated a Traffic Impact Analysis is not needed for this property
• No portion of the site is located within nor directly adjacent a floodplain, wetlands, or other
environmental sensitive area
• All easements will be recorded via plat. If additional easements are necessary, ENGINEER
can prepare separate instrument exhibits as an additional service
• The CITY will be responsible for payment of all review and permitting fees
• Task 28 assumes one (1) No Permit Required (NPR) request. Additional deliverables or
submittals will incur additional fees.
• Both Water Features shall be designated as "non -interactive".
• The Decorative Water Feature shall collect, treat, and recirculate water.
• The Decorative Water Feature shall be refilled via potable water.
• The Decorative Water Feature's water quality shall be electronically monitored and maintained.
• The Decorative Water Feature Equipment Room(s) is assumed to be located within 100' of the
Kimley»>Horn
Attachment A Page 2
Water Feature. The existing Equipment Room(s) shall not be re -utilized for the updated Water
Feature.
If any of these assumptions are not correct, then the scope and fee will change.
Scope of Services
ENGINEER will provide the services specifically set forth below. The ENGINEER shall exercise the
professional standard of care to comply with published laws and regulations in effect as of the date of this
Agreement. Design changes made necessary by unexpected interpretations or changes in laws or
regulations may entitle the ENGINEER to reasonable adjustments in schedule and compensation. The
CITY acknowledges that the laws and regulations of various governmental entities having jurisdiction over
the project are sometimes in conflict, and in that circumstance the ENGINEER'S sole obligation is to
exercise the professional standard of care in an effort to resolve such conflicts.
Task 1 Project Management and Design Coordination
The ENGINEER will manage the contract and monitor the project schedule and deliverables. ENGINEER
will provide timely invoicing and reporting of project progress to the CITY. A project kick-off initiation call
between CITY staff (including Department stakeholders) and Consultants shall be conducted once the
ENGINEER receives Notice to Proceed (NTP) from the CITY. The call will occur within two (2) weeks of
the NTP. The preliminary agenda for the kickoff will consist of:
• Scope of Services and responsibilities
• Project objectives
• Information needs
• Schedule milestones
• Review of recommended amenities
Note: ENGINEER will be responsible for meeting logistics such as online hosting (MS Teams or Zoom) and
will document calls with meeting notes. Notes will be submitted to the CITY for review.
Meetings:
One (1) project kick-off meeting
Four (4) project milestone review meetings (30%, 60%, 90%, Final)
Deliverables:
• One (1) project kick-off meeting notes (PDF)
• Four (4) project milestone review meeting notes (PDF)
Task 2 Schematic Design — Landscape Architecture
Based on the conceptual design completed by the ENGINEER as part of a separate contract, the
ENGINEER will prepare a 30% Schematic Design plan package for the park improvements. This package
will consist of the following items:
• Cover sheet
• General notes
• Demolition/removal items
Kimley>>> Horn Attachment Page 3
• Construction screening plan
• Construction staging plan
• Tree protection plan
• Site layout
• Grading sheets
• Erosion control sheets
• Planting plan
• Irrigation plan
• Detail sheets
• Opinion of Probable Construction Costs (OPCC)
Because the ENGINEER does not control the 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 costs, including but not limited to opinions as to the costs of construction and materials, shall be made
on the basis of its experience and represent its judgment as an experienced and qualified professional,
familiar with the industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual
costs will not vary from its opinions of cost. If the CITY wishes greater assurance as to the amount of any
cost, it shall employ an independent cost estimator. ENGINEER's services required to bring costs within
any limitation established by the CITY will be paid for as Additional Services.
ENGINEER will submit the design packages to CITY staff for review. CITY staff will provide one (1)
consolidated set of comments for review by ENGINEER. The ENGINEER will facilitate one (1) in -person
meeting with CITY to review the schematic design plan package as part of Task 1 of this contract. Based
upon input from CITY staff documented during the Review Session, ENGINEER will update materials to be
included in the 60% design development plan package.
Deliverables:
• One (1) digital PDF set of 30% Schematic Design Plans
• One (1) digital PDF of the 30% OPCC
Task 3 Design Development— Landscape Architecture
Based on the 30% Schematic Design review, the ENGINEER will prepare a 60% Design Development plan
package for the park improvements. This package will consist of the following items:
• Cover sheet
• General notes
• Demolition/removal items
• Construction screening plan
• Construction staging plan
• Tree protection plan
• Site layout
• Grading sheets
• Erosion control sheets
• Planting plan
• Irrigation plan
• Detail sheets
• OPCC
ENGINEER will submit the design packages to CITY staff for review. CITY staff will provide one (1)
Kimley>>> Horn Attachment Page 4
consolidated set of comments for review by ENGINEER. The ENGINEER will facilitate one (1) in -person
meeting with CITY to review the design development plan package as part of Task 1 of this contract. Based
upon input from CITY staff documented during the Review Session, ENGINEER will update materials to be
included in the 90% design development plan package.
Deliverables:
• One (1) digital PDF set of 60% Schematic Design Plans
• One (1) digital PDF of the 60% Project Manual
• One (1) digital PDF of the 60% OPCC
Task 4 Construction Documents — Landscape Architecture
Based on the 60% Schematic Design review, the ENGINEER will prepare a 90% Construction Document
plan package for the park improvements. This package will consist of the following items:
• Cover sheet
• General notes
• Demolition/removal items
• Construction screening plan
• Construction staging plan
• Tree protection plan
• Site layout
• Grading sheets
• Erosion control sheets
• Planting plan
• Irrigation plan
• Detail sheets
• OPCC
ENGINEER will submit the design packages to CITY staff for review. CITY staff will provide one (1)
consolidated set of comments for review by ENGINEER. The ENGINEER will facilitate one (1) in -person
meeting with CITY to review the construction document plan package as part of Task 1 of this contract.
Based upon input from CITY staff documented during the 90% Review Session, ENGINEER will update
materials to be included in the final construction document plan package.
Deliverables:
• One (1) digital PDF set of 90% Construction Document Plans
• One (1) digital PDF of the 90% Project Manual
• One (1) digital PDF of the 90% OPCC
• One (1) digital PDF of the Final Construction Document Plans
• One (1) digital PDF of the Final Project Manual
• One (1) digital PDF of the Final OPCC
Task 5 Schematic Design — Civil Engineering
The ENGINEER will prepare a preliminary project narrative, outline specifications, and engineering plans
to a schematic design level of completion. Schematic design drawings will be based on the schematic
design site plan as provided by the Architect. The schematic design drawings will be prepared and issued
Kimley>>> Horn Attachment Page 5
one time in PDF and AutoCAD Civil3D 2024 format. The ENGINEER will make a maximum of one round
of revisions based on simultaneous reasonable comments from the Architect, Owner and project team.
The plan set will generally consist of the following:
• Schematic Site/Paving Plan - The ENGINEER will prepare a schematic paving layout
identifying general site dimensions and proposed paving sections.
• Schematic Utility Plan - The ENGINEER will prepare a schematic utility plan for domestic,
and fire water services, and sanitary sewer service based on the Schematic Design Site Plan.
Plan will be plan view layout only.
• Schematic Grading Analysis - The ENGINEER will prepare a schematic grading plan based
on the Schematic Design Site Plan. Plan will consist of finished floor elevation(s) and contours
only.
This task includes attendance of up to one (1) design workshop and up to one (1) design review meeting.
Meetings will be held virtually unless otherwise requested by the CITY.
Deliverables:
• One (1) digital PDF set of 30% Schematic Design Plans
• One (1) digital PDF of the 30% OPCC
Task 6 Design Development— Civil Engineering
The ENGINEER will update the schematic design narrative and civil engineering drawings for the site
prepared under Task 5. The design development drawings will be prepared and issued one time in PDF
and AutoCAD Civil3D 2024 format. The ENGINEER will make revisions based on reasonable and
simultaneous comments from the CITY. The ENGINEER will also make revisions based on information
which has become available after the preparation of the schematic design drawings. The plan set will
generally consist of the following:
• Site Plan - The ENGINEER will prepare a site plan in accordance with the local jurisdiction
including proposed and existing features. Per CITY requirements, a Site Plan must show:
zoning, setbacks, building/parking summary, phasing, screening walls, existing easements,
paving layout, existing and proposed grades, fire protection, sanitation locations, location of
existing off -site improvements adjacent to the site, and owners of the property and adjacent
properties.
• Existing Conditions & Demolition Plan - The ENGINEER will prepare an Existing Conditions
& Demolition Plan showing existing on -site conditions to remain, to be demolished, and to be
preserved in place.
• Paving and Dimension Control Plan - The ENGINEER will prepare a Paving and Dimension
Control Plan to show the building and site layout. This plan will show the property corners and
dimensional ties between the building envelope, parking, roadway, and property lines.
Pavement details will be provided for the proposed sections based on the project geotechnical
report. The ENGINEER will rely entirely on the Project Architect to provide the ENGINEER
with any updates to the building shell that may impact ENGINEER's work. This plan will not
show any interior dimensions of the buildings.
Kimley»>Horn
Attachment A Page 6
• Grading Plan -The ENGINEER will prepare Grading Plans for the subject site showing existing
and proposed contours for the property. Spot elevations will be provided at driveway
connections and as required for detailed areas as determined by ENGINEER.
• Erosion Control Plan - The ENGINEER will prepare an Erosion Control Plan for the project.
On this plan the ENGINEER will show required erosion control measures to be installed prior
to disturbance of the site and to be maintained throughout site construction.
• Utility Plan - The ENGINEER will prepare utility plans for domestic, and fire water services,
and sanitary sewer service to the buildings. Plans will indicate proposed utility connection
points and existing service lines. Plans will also show proposed gas, electric and telephone
connections for coordination purposes only if adequate information is provided in a timely
manner from others. Actual design of dry utilities, (Gas, Electric, and Telephone, etc.), will be
the responsibility of the dry utility provider.
• Construction Details - Based on CITY standards, the ENGINEER will prepare detail sheets
showing the water, sanitary sewer, and erosion control details for the off -site civil site
construction.
In addition to the plan sheets, the following additional items will be provided:
• Specifications for civil related items.
• Updated project narrative.
• Franchise utility coordination — ENGINEER to coordinate franchise utility service (gas, electric,
and telephone) for the project. Design of franchise utilities will be by the franchise utility
companies. If provided in a timely manner by the franchise utility companies, the franchise
utility layouts will be shown on the civil plans.
This task also consists of attendance of up to one (1) design workshop and up to one (1) design review
meeting. Meetings will be held virtually unless otherwise requested by the CITY.
Deliverables:
• One (1) digital PDF set of 60% Design Development civil engineering plans
• One (1) digital PDF set of specifications for civil related items
• One (1) digital PDF of the updated project narrative
MEP and IT/AV design and plans are included in this proposal as part of Tasks 10 and 14.
Task 7 Construction Documents — Civil Engineering
The ENGINEER will update the Design Development civil engineering drawings for the site prepared under
Task 6 and will prepare 90% Construction Drawings and Specifications. The construction drawings will be
prepared and issued one time in PDF and AutoCAD Civil3D 2024 format.
The ENGINEER will make one round of revisions for the submittal based on reasonable comments from
the CITY. The ENGINEER will also make revisions based on information which has become available after
the Design Development drawings were issued and final coordination with the project team.
Final versions of the plan sheets included in Task 6 will be included in the Construction Drawings plan set.
Final versions of the project specifications will be provided with the submittal.
Kimley>>> Horn Attachment Page 7
The ENGINEER will attend up to two (2) design review meetings. Meetings will be held virtually unless
otherwise requested by the CITY.
Deliverables:
• One (1) digital PDF set of 90% Construction Document civil engineering plans
• One (1) digital PDF of the 90% specifications for civil related items
• One (1) digital PDF set of Final Construction Document civil engineering plans
• One (1) digital PDF of the Final specifications for civil related items
MEP and IT/AV design and plans are included in this proposal as part of Tasks 10 and 14.
Task 8 Geotechnical Investigation
The ENGINEER will utilize a geotechnical engineer through the use of a subconsultant to provide and
perform a geo-technical investigation and report of the project area to determine subsurface conditions and
make recommendations regarding subsurface design parameters. The ENGINEER will provide an exhibit
showing the proposed boring locations.
The geotechnical investigation will consist of subsurface exploration consisting of three (3) sample bores
drilled to a depth of 30 feet in the area shown on a boring exhibit. A boring exhibit will be provided once
the project is kicked off. Laboratory tests for classification purposes and strength characteristics.
Geotechnical report will consist of soil and groundwater conditions for proposed site improvements,
consisting of gazebo, restroom, and shade structure foundation type, slab support, other site amenities
included in the previously completed conceptual design.
Prepare a geotechnical report that presents the results of the field and laboratory data as well as analysis
and recommendations. The report will be made available to the CITY upon time of completion for review
and direction for design. The data contained in the geotechnical report will be made available to contractors
during the bidding process for information purposes.
Deliverables:
• One (1) digital PDF boring exhibit
• One (1) digital PDF report
Task 9 Subsurface Utility Engineering
The ENGINEER will utilize a subsurface utility engineer to provide and perform SUE information regarding
the project area. The scope consists of Quality Level (QL) "B" SUE. Utilities to be designated consist of
gas, telecommunications, electric, traffic signals, storm, water, and sanitary sewer.
Subsurface utility engineer will verify two (2) benchmarks on site based on the topographic survey provided
by the CITY.
Designated marks surveyed using project control points will be provided. Any necessary Right -of -Entry
(ROE) permits will be provided by the CITY prior to the start of field work.
Deliverables:
Kimley>>> Horn Attachment Page 8
• One (1) digital PDF map of the subsurface utilities
This task includes coordination and correspondence with CITY and subconsultant necessary to complete
the task as described. Additional coordination and correspondence required to complete additional scope
not included in this task will be billed as an additional service at our then current hourly rates.
Task 10 IT/AV
The ENGINEER will utilize a subconsultant to provide design services for gazebo acoustics, lighting, sound
and AV systems, structured cabling systems, physical security systems, and wi-fi systems. This task will
consist of:
10.1 Design Development (DD) Phase
As part of this phase the subconsultant will develop the DD level documentation which will consist of
• Drawings showing the location of major equipment items
• Outline specifications, as appropriate or directed
• Updated OPCCs to inform any cost updates
• DD level documentation for technical systems layouts and performance level specification
sufficient to indicate design intent and scope for preliminary cost estimates by competent
contractors
10.2 Construction Document (CD) Phase
As part of this phase the subconsultant will:
• Proceed with determining the building requirements to implement the technical systems
• Provide input to the design team on initial power and heat load requirements, typical device
locations on floor and ceiling plans, preliminary layouts in equipment rooms and conduit
distribution requirements for each of the technical systems for which the subconsultant has
been given responsibility
• Coordinate the architectural, structural, and MEP infrastructure requirements for the technical
systems with the appropriate design team members
• Work to develop final construction documents for each of the systems for which the
subconsultant has been given responsibility
10.3 Bid Review
As part of this phase the subconsultant will:
• Respond to bid questions, RFI's, etc.
• Review bids/proposals received for the subconsultant's design scope and provide an analysis
based on compliance with the bid documents, contractor qualifications, and value
10.4 Construction Administration
Construction administration begins with review of submittals. The subconsultant will:
• Assist in the review of substitutions, proposed changes, change orders, contractor's schedules
and reports regarding work related to the systems for which the subconsultant is responsible
• Perform limited interim construction administration site visits, a minimum of 3, as requested by
Kimley»>Horn
Attachment A Page 9
Contractor and/or Architect, and issue written field reports until completion
Within five (5) business days, respond to RFI's as it relates to the systems for which the
subconsultant is responsible
Within ten (10) business days, perform submittal review and approval of the successful
contractor(s) one time for each discipline for which the subconsultant is responsible
Participate in Substantial Completion and Final Completion inspections, including
supplementing contractor's punch -lists.
Task 11 Traffic Control Plans
This task assumes 2 traffic control construction phases: Phase 1 will be to close Main Street from State St
to Grand Ave. Phase 2 will be to close Fountain PI from State St to Grand Ave.
• Develop construction sequence plan in accordance with published TMUTCD and CITY
requirements. Sequencing will identify the following:
o Travel lanes and construction area for up to 2 phases of construction.
o Temporary signing and striping, barricades, and other channelization devices
o Narrative of the sequence of construction services
• Prepare traffic control details to clarify the intent of design.
• Prepare Detour Plan for closed roadway segments.
• Compile applicable CITY standard details. Modify standard details as needed.
• A TCP narrative will be provided at 30% and 60% submittals. Full TCP plans and standards
will be provided at the 90% and 100% submittals.
• Respond to 1 round of simultaneous comments on each submittal.
Deliverables
• One (1) digital PDF of Traffic Control plans and details
• One (1) digital PDF of 30% Traffic Control Narrative
• One (1) digital PDF of 60% Traffic Control Narrative
Task 12 Structural Design
The ENGINEER will provide the following limited structural engineering services related to one (1) Gazebo,
two (2) shade structures, and two (2) restroom buildings.
• The ENGINEER will review documentation for the proposed structures provided by others.
• The ENGINEER will review Geotechnical recommendations for the proposed structures.
• The ENGINEER will coordinate with Architects and CITY to obtain additional information.
• The ENGINEER will respond to one round of comments from CITY and Authority Having
Jurisdiction.
• The ENGINEER will develop structural notes and specifications in accordance with the version
of the International Building Code (IBC) adopted by the City at the time of design.
12.1 Gazebo Member Sizing and Foundation Design
• Perform structural design calculations in accordance with applicable codes.
o Conceptual sizing of columns, beams, and rafters.
0 Fabricator will provide signed and sealed shop drawings for Engineer and
Kimley>>> Horn Attachment Page 10
Architect approval.
o Foundation design assuming drilled shaft foundations.
Deliverables: structural plans with views and details at scale with dimensions.
• Plan View
• Up to two typical sections
• Typical Foundation details
• Miscellaneous details: the miscellaneous details will provide additional joint, waterproofing, and
reinforcing details necessary to construct the proposed structures.
12.2 Shade Structures Member Sizing and Foundation Design
• Perform structural design calculations in accordance with applicable codes.
o Conceptual sizing of columns, beams, and rafters.
• Fabricator will provide signed and sealed shop drawings for Engineer and
Architect approval.
o Foundation design assuming drilled shaft foundations.
Deliverables: structural plans with views and details at scale with dimensions.
• Plan View
• Up to two typical sections
• Typical Foundation details
• Miscellaneous details: the miscellaneous details will provide additional joint, waterproofing, and
reinforcing details necessary to construct the proposed structures.
12.3 Restroom/Storage Building Member Sizing and Foundation Design
• Perform structural design calculations in accordance with applicable codes.
o Conceptual sizing of walls, beams, rafters, and roof elements of the buildings.
• Fabricator will provide signed and sealed shop drawings for Engineer and
Architect approval.
o Foundation design for each building assuming shallow foundations.
Deliverables: structural plans with views and details at scale with dimensions.
• Plan View
• Up to two typical sections
• Typical Foundation details
• Miscellaneous details: the miscellaneous details will provide additional joint, waterproofing, and
reinforcing details necessary to construct the proposed structures.
The structural design does not include:
• Final member sizing for the above structures.
• Connections and anchor bolts design.
• Non-structural elements attachment design.
• Develop custom technical specifications.
• Geotechnical engineering services.
• Design of any structural elements other than items specified above.
• Construction Submittal Reviews.
Kimley»>Horn
Task 13 Architectural Design
Attachment A Page 11
ENGINEER is retaining Subconsultant to provide the services described herein solely for the administrative
convenience of the CITY. CITY acknowledges that ENGINEER will not be reviewing the work product of
Subconsultant and agrees that ENGINEER shall not be liable for it in any way. If the CITY has any future
claim related to these services, CITY will pursue the claim against Subconsultant directly and hold harmless
ENGINEER from any such claim."
The ENGINEER will utilize a subconsultant to provide design services for architectural design of the
proposed pavilion, restroom, storage and support areas. This task will consist of:
13.1 Schematic Design — Architectural
• 30% Schematic architectural documents derived from the City Council approved conceptual
plan
• Coordination with civil, structural, and MEP engineering disciplines
13.2 Design Development —Architectural
Based on the CITY's approval of the Schematic Design Documents and authorization to proceed, the
architectural subconsultant will further develop the design with greater detail and refinement.
• 60% Design Development architectural documents
• Coordination with civil, structural, and MEP engineering disciplines
13.3 Construction Documents — Architectural
Based upon the CITY's approval of the Design Development Documents with authorization to proceed
and CITY review comments, the architectural subconsultant will prepare documents suitable for
permitting and construction, "Plan Check".
• 90% Architectural Construction Documents
• Final Architectural Construction Documents
• Coordination with civil structural, and MEP engineering disciplines
13.4 Bidding Phase — Architectural
Assist the project team with architecturally related support during the bidding process.
Task 14 Schematic Design - MEP
The ENGINEER shall provide mechanical, electrical and plumbing design services for the Southlake Town
Square as described in the Project Understanding section of this proposal.
Mechanical Design shall be based on the following:
• Evaluation of existing pump system for both existing fountains
• Design modifications as required for the pond pump systems
• HVAC and ventilation systems for the restrooms/visitor amenity center
• Design modifications as required for the decorative fountain pump system and relocation above
ground
Electrical Design shall be based on the following:
Kimley»>Horn
Attachment A Page 12
Evaluation of existing electrical infrastructure
Electrical infrastructure design to support the following:
o Pond fountains
o Gazebo lighting/AV fixtures designed by subconsultant
o Replacement of existing exterior light fixtures, and addition of new fixtures as
requested. New lighting control design for exterior fixtures also provided.
o Electrical outlets to support tenants and vendors
o Wifi, sound, and security systems
o Digital Signage
o Restroom/visitor amenity center
o Decorative fountain
Plumbing Design shall be based on the following:
• Domestic water connections for Food Trucks
• One (1) grease waste trap design is anticipated in this scope of work.
• Domestic water modifications for decorative fountain upgrades
• Domestic water modifications for pond fountain upgrades
• Domestic water modifications for drinking water fountains
• Design of the restroom/visitor amenity center plumbing piping and vents. Plumbing fixtures
shall be provided by the architect.
14.1 Schematic Design — MEP
The ENGINEER will prepare a preliminary project narrative, outline specifications, and engineering
plans to a schematic design level of completion. Schematic design drawings will be based on the
schematic design site plan as provided by the Architect. The schematic design drawings will be
prepared and issued one time in PDF. The ENGINEER will incorporate reasonable comments from
the Architect, Owner, and project team into the following task if received in a timely manner. The
schematic phase includes:
• Prepare preliminary load estimates for coordination of MEP equipment for space requirements.
• Coordinate the approximate location of MEP equipment.
• Coordinate the availability and requirements of water and electrical power.
• Prepare preliminary equipment sizing and general locations.
• Prepare preliminary photometric plans of the site based on initial fixture selections.
14.2 Design Development — MEP
The ENGINEER will update the schematic design narrative and MEP engineering drawings for the site
prepared under Task 14.1. The design development drawings will be prepared and issued one time in
PDF and Revit 2022 format. The ENGINEER will incorporate reasonable comments from the Architect,
Owner, and project team into the following task if received in a timely manner. The ENGINEER will
also make revisions based on information which has become available after the preparation of the
schematic design drawings. The Design Development phase includes:
Consultant will provide updated equipment, calculations and fixture selections.
The Revit model will be updated to show major system equipment locations, routing, and
coordinate with architect and other subconsultants.
Prepare and deliver Design Development drawings and shall include the following:
o Cover sheet & general notes / Sheet specifications
Kimley»>Horn
Attachment A Page 13
o Floor plans with MEP system layouts for major pieces of equipment.
o Schedules and detail sheets
o Electrical diagrams
o Panel schedules will be shown but not populated until the CD phase
o Enlarged plans
14.3 Construction Documents — MEP
The ENGINEER will update the Design Development MEP engineering drawings for the site prepared
under Task 14.2 upon approval of the DD submission and owner directive and will prepare final
Construction Drawings and Specifications. The construction drawings will be prepared and issued one
time in PDF and Revit 2022 format. The Consultant will make one round of revisions for the submittal
based on reasonable comments from the Architect, Owner and project team. The ENGINEER will also
make revisions based on information which has become available after the Design Development
drawings were issued and final coordination with the project team. Final versions of the plan sheets
included in Task 14.2 will be included in the Construction Drawings plan set. Final versions of the
project specifications will be provided with the submittal. Attendance of up to two (2) design review
meetings is included. Meetings will be held virtually unless otherwise requested by the CITY. The
Construction Document phase includes:
• Final equipment, calculations and fixture selections
• Consultant will provide updated equipment, calculations and fixture selections.
• The Revit model will be updated to show major system equipment locations, routing, and
coordinate with architect and other subconsultants.
• Prepare and deliver Design Development drawings and shall include the following
o Cover sheet & general notes / Sheet specifications
o Floor plans with MEP system layouts for major pieces of equipment.
o Schedules and detail sheets
o Electrical diagrams
o Populated and final complete panel schedules
o Enlarged plans
o Power and Lighting layouts
o Plumbing isometrics and riser diagrams
Task 15 Drainage Design
The ENGINEER will prepare an Existing drainage area map for the project site and evaluate the conceptual
layout in relation to the existing pond. The ENGINEER will determine what modifications may be needed
to not produce adverse impacts as part of the conceptual submittal.
During the preliminary design, the ENGINEER will provide a proposed drainage area map along with storm
plan and profile sheets and supporting hydraulic calculations to meet the design criteria set forth by the
CITY.
During final design, these sheets will be revised to include any design updates and finalized with pay item
quantities and description. The drainage improvements needed will be included in the bid set for the town
square improvements. It is not anticipated that the pond outfall structure will need modification, only the
volume of the pond will be modified in the proposed design.
Kimley>>> Horn Attachment Page 14
Task 16 Pond Grading/Dredging Plan
ENGINEER will prepare a grading plan for the existing pond that will be modified as part of this project for
the Town Square improvements. The pond is anticipated to be completely emptied for construction to allow
for contractor access. The grading plan will indicate existing and proposed grades of the pond and pond
liner details. ENGINEER will coordinate during design with Texas Parks and Wildlife but anticipate that no
relocation plan will be required. During construction of the improvements, the contractor will be responsible
for acquiring Texas Parks and Wildlife permits related to relocation of wildlife if a determination is made that
this is required. Contractor will be required to test the dredging material to determine proper disposal of
material and will not be determined during design of the project.
Task 17 Water Feature Design
The ENGINEER will utilize a subconsultant for the purposes of design of two (2) water features. These
consist of one (1) Circular Decorative Feature and one (1) pond feature. The Circular Decorative Feature
will be prominently displayed in a central plaza. An existing water feature exists in the same place. The
new Water Feature will incorporate many design elements from the original piece, however the
subconsultant shall explore options to enhance the Feature where possible. The Water Feature plan details
and number of water and light expressions shall be determined by the subconsultant. One (1) Pond is
located south of the Circular Decorative Feature. The pond is existing, however, the form may change, as
determined by the ENGINEER. The subconsultant shall be responsible for specifying and locating the
necessary aeration equipment to maintain pond health.
17.1 Schematic Design — Water Feature
The subconsultant shall prepare up to three (3) Water Feature design concepts for the Decorative
Feature. After a presentation of these concepts to the ENGINEER and CITY, and a selection of the
Concept, the subconsultant shall begin preparation of Schematic Design drawings. The subconsultant
shall coordinate the design with other sub -consultants as necessary to ensure a cohesive design.
Upon completion of the Schematic Design Phase, the subconsultant will prepare an Opinion of
Probable Construction Cost (OPCC). Additional OPCCs may be provided during the Design
Development Phase for an additional negotiated rate.
Deliverables
• Concept Design Package:
o Cover sheet, Architectural plans, elevations and/or sections and photo references as
deemed necessary to convey water ideas.
0 11"x17" Drawing Package
• Schematic Design Package:
o Cover sheet, General Notes, Architectural plans, elevations, sections, and details
o Layout and location of the MEP within the water features
o Preliminary Piping and Instrument Diagram
o Preliminary Electrical Single Line
o Preliminary Pond aeration system layout
o Opinion of Probable Construction Cost (OPCC)
17.2 Design Development Phase —Water Feature
Continuing from the Schematic Design phase, the subconsultant shall create design documentation
Kimley»>Horn
Attachment A Page 15
for the Water Feature designs. The subconsultant shall coordinate the design with other sub -
consultants as necessary to ensure a cohesive design. The subconsultant shall submit progress
documents in phases for approval by the CITY. Upon completion of the Design Development Phase,
the subconsultant will prepare an Opinion of Probable Construction Cost (OPCC). Additional OPCCs
may be provided during the Design Development Phase for an additional negotiated rate.
Design Development Review Meeting: The subconsultant shall review the design with the CITY via
teleconference. Design Development documents must be approved in writing by CITY prior to
development of Construction Documents.
Deliverables
• Cover sheet, General Notes
• Architectural plans, elevations, sections, and details
• Schematic routing of proposed piping
• Piping and Instrument Diagrams
• Electrical Single Lines
• Preliminary Pond aeration system layout
• Opinion of Probable Construction Cost (OPCC)
17.3 Construction Documents — Water Feature
The subconsultant shall continue to develop the drawings as selected from the Concept Design
drawing package. The subconsultant shall continue to coordinate the design with other project
consultants as necessary to ensure a cohesive design. Upon completion of the Construction
Documents Phase, the subconsultant will prepare an Opinion of Probable Price (OPCC) cost estimate.
Deliverables
• Cover sheet, General Notes, Architectural plans, elevations, sections, and details
• Routing of piping and conduit
• Layout and location of the MEP within the water features
• Engineering plans, elevations, sections, and details
• Equipment Room Layouts
• Piping and Instrument Diagrams
• Electrical Single Lines
• Water Feature Structural Drawings
• Bill of Material for the water features
• Signed/Sealed Drawings
• Opinion of Probable Construction Cost (OPCC)
17.4 Construction Administration — Water Feature
• Review Request for Information submissions (RFIs) and Submittals
• Bulletin and ASI Reviews
• As -Build Documentation Review
• Attendance of up to six (6) construction meetings via teleconference or telephone
• Four (4) site visits are recommended throughout the project's construction duration. Upon each
visit, the subconsultant shall provide a report of findings and corrective actions (if required) to
the CITY
• Price per site -visit is included in the fee breakdown, with the grand total representing a total of
the four (4) recommended site visits. The cost per site visit assumes one representative from
the subconsultant will be attending per visit. If two (2) subconsultant representatives attend a
Kimley»>Horn
Attachment A Page 16
singular site visit, it will be allocated as two (2) site visits.
• The subconsultant shall not conduct a site visit without written consent from the CITY.
• If more site visits are required by the CITY, the CITY shall be billed an additional service fee at
the subconsultant's designated rate.
Task 18 Accessibility Review
The ENGINEER will utilize a subconsultant that is a Registered Accessibility Specialist (RAS) for the
purposes of reviewing the Southlake Town Square Park construction plans, for conformance with the Texas
Accessibility Standards (TAS).
The ENGINEER will coordinate with the RAS for project registration with the Texas Department of Licensing
and Regulation (TDLR), plan review, and project inspection at the site, upon completion of construction.
The ENGINEER will prepare plans in an effort to conform to TAS and will make one (1) round of revisions
to the plans based on comments received from the RAS. Registration, plan review, and inspection fees for
TDLR are included in this fee.
Task 19 Replat
The ENGINEER will utilize a subconsultant to prepare and submit a Replat for the Town Square lots
modified, Checklist, and Application to the local jurisdiction for review. The subconsultant will attend one
(1) meeting with review staff and, if required, two (2) public hearings at which the item is considered for
approval. If approved, the subconsultant will coordinate filing of the Replat with the County.
Task 20 City Permitting Coordination
The ENGINEER assumes that the civil plans will be submitted with the Building Plan application to the
CITY. The CITY will submit all documentation to their permitting and review staff, and provide the
ENGINEER with review comments.
The effort for this task includes two (2) rounds of ordinary and reasonable simultaneous comments from
the CITY. Effort required for additional revisions can be provided as an additional service, in excess to the
budget noted herein.
Task 21 Bidding Phase Services
The ENGINEER will assist the CITY in preparing advertisement of the project on lonwave, CivCast, Bonfire,
or another media platform per the CITY's discretion. The ENGINEER will:
Prepare for and conduct one (1) pre -bid meeting and answer appropriate questions from bidders
Issue addenda in response to bidder's requests for information
Assist with one (1) bid opening meeting
Following the bid opening of the project, the ENGINEER will provide a summary of the bid analysis to the
CITY for use in selection and award of the construction contract.
The ENGINEER will provide a letter of recommendation to the CITY for award of the construction contract.
Kimley>>> Horn Attachment Page 17
Deliverables
• Attend one (1) pre -bid meetings and provide notes (PDF)
• Attend one (1) bid opening meeting
• One (1) digital PDF of the bid tab and bid analysis
• One (1) digital PDF of the Letter of Recommendation
Task 22 Construction Phase Services
The ENGINEER and subconsultants will provide limited construction phase services for the project, as
follows.
The ENGINEER will attend one (1) pre -construction meeting prior to the commencement of Work at the
Site. Upon CITY approval, the ENGINEER will provide Notice to Proceed letter. During the course of the
construction contract, the ENGINEER will review and approve or take appropriate action in respect to thirty-
five (35) Shop Drawings, Samples, and other data which the contractor is required to submit, but only for
conformance with the information given in the Construction Documents. Such review and approvals or other
action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules,
or procedures or construction or to related safety precautions and programs.
Requests forinformation. The ENGINEER will respond to all Contractor requests for information and issue
necessary clarifications and interpretations of the Contract Documents to the CITY as appropriate to the
orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents
will be made by the CITY.
Site Visits. The ENGINEER will attend up to twenty (20) site visits total, at intervals as directed by the 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. 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.
Recommendations with Respect to Defective Work. The ENGINEER will recommend to CITY that
Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations,
ENGINEER believes that such work will not produce a completed Project that conforms generally to
Contract Documents.
Change Orders. The ENGINEER may recommend Change Orders to CITY, and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
Substitutes and "or -equal." The ENGINEER will evaluate and determine the acceptability of substitute or
"or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents,
but subject to the provisions of applicable standards of state or local government entities.
Kimley>>> Horn Attachment Page 18
Meetings. The ENGINEER will coordinate, facilitate, attend, and follow-up with meeting notes for all Owner -
Architect -Contractor (OAC) meetings during construction of the project. The ENGINEER will provide
coordination effort and planning efforts between the Contractor and CITY during construction phase and
review construction progress schedule provided by Contractor.
Payment Application Review. The ENGINEER will review one (1) contractor payment application per month
for the anticipated duration of construction. The ENGINEER will provide recommendation for payment
based on the ENGINEER'S knowledge of work completed within the period of payment application. This
task does not include approval of payment applications; approval of payment applications will be the
responsibility of the CITY.
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 will conduct one (1) final site visit to determine if the completed Work of Contractor is
generally in accordance with the Contract Documents to the best of our knowledge, information, and belief
based on the extent of its services and based upon information provided to the ENGINEER upon which it
is entitled to rely. The ENGINEER will provide a final punch list and Notice of Acceptance.
Deliverables
• Attendance at one (1) pre -construction meeting
• Thirty -Five (35) shop drawing, submittal, or sample Responses
• Twenty (20) site visits during the duration of construction
• Attendance at one (1) TDLR inspection site visit
• Attendance at one (1) final site visit
• Final Punch List
• Notice of Acceptance
Task 23 Construction Phase Public Communication and Coordination
CITY and Contractor Coordination
The ENGINEER will perform coordination with CITY staff and the Contractor on an as -needed basis
to discuss upcoming work activities, upcoming lane closures, utility disruptions and the project
schedule.
Responding to Property Owner Questions
The ENGINEER will respond to property owner questions via email or by phone call on an as -
needed basis to discuss current and upcoming work activities, current and upcoming lane
closures, utility disruptions and the project schedule.
Meetings
The ENGINEER will attend twelve (12) monthly construction progress meetings on -site with the
CITY and the Contractor to review the status of the construction, coordinate upcoming work,
coordinate utility disruptions and discuss any outstanding items.
The ENGINEER will attend an additional one (1) preconstruction meeting with the public to discuss
the upcoming project, discuss potential traffic impacts, utility disruptions and potential impacts
to CITY services.
Kimley>>> Horn Attachment Page 19
Site Visits for Public Communication and Coordination
The ENGINEER will perform weekly site visits for 12 months. Site visits will follow the guidelines
established in the original contract for engineering services for this project. Site visits are
intended to observe construction progress and are not intended to verify work for project
conformance. Site visits will be documented with observation reports to include a description
of work in progress, upcoming work communicated by construction personnel on site and any
observations of construction issues related to public communication and coordination that may
require attention.
The ENGINEER will visit the project site up to an additional twelve (12) times to meet with property
owners that request on site meetings to discuss project specific issues. Site visits will be
documented with observation reports that include property owner meeting minutes.
Limitation of Responsibilities
The ENGINEER shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, equipment maintenance and inspection, sequence, schedule,
safety programs, or safety practices, nor shall the ENGINEER have any authority or
responsibility to stop or direct the work of any contractor. The ENGINEER's visits will be for the
purpose of endeavoring to provide the CITY a greater degree of confidence that the completed
work of its contractors will generally conform to the construction documents prepared by the
ENGINEER. The ENGINEER neither guarantees the performance of contractors, nor assumes
responsibility for any contractor's failure to perform its work in accordance with the contract
documents.
The ENGINEER is not responsible for any duties assigned to it in the construction contract that are
not expressly provided for in this Agreement. The CITY agrees that each contract with any
contractor shall state that the contractor shall be solely responsible for job site safety and its
means and methods; that the contractor shall indemnify the CITY and the Consultant for all
claims and liability arising out of job site accidents; and that the CITY and the ENGINEER shall
be made additional insureds under the contractor's general liability insurance policy.
OPTIONAL SERVICES:
Task 24 Storm Water Pollution Prevention Plan — If Authorized
The ENGINEER will have a storm water pollution prevention plan prepared for the site. The plan will
indicate erosion control measures to be implemented by the contractor prior to disturbing the site. Note
that the ENGINEER is not responsible for any inspections of the SWPPP implementation or for filing of the
Notice of Intent or Notice of Termination or any other aspect of storm water pollution prevention. The
SWPPP will be provided to the Owner and General Contractor for execution and submittal to the Texas
Commission on Environmental Quality.
Task 25 Topographic Survey Allowance — If Authorized
The ENGINEER, through a subconsultant, will provide on -call services to perform survey due diligence
during the design phase. Survey on call services may include but are not limited to, verifying existing grades
Kim l ey >>> H o r n Attachment A Page 20
not recorded by public record, checking utility rim and flowline information, and verifying locations of existing
structures. This task is not meant for a full topographic survey of any property, but as an on -call to provide
field verification of existing site elements. This task does not include ALTA or Boundary survey. If the fees
provided in the allowance are exceeded, the ENGINEER will notify the CITY prior to completing this work
and determine how to proceed.
Task 26 Public Water Line Plans — If Authorized
The ENGINEER will prepare on -site public water line plans for approximately 150 LF of water line to serve
up to two (2) new fire hydrants for the new restroom buildings. The plans will show proposed water line
sizes, fittings, and appurtenances in plan and profile view. A separate set of plans will be submitted to the
local jurisdiction for review.
This task does not include a fire hydrant flow test (to be provided by the CITY). This task does not include
the preparation and submission of a TCEQ Water Engineering Report associated with the design of the
public water line.
Task 27 Digital Renderings — If Authorized
Following the completion of the 90% Construction Documents, the ENGINEER will prepare a 3D digital
model of proposed improvements utilizing SketchUp. The ENGINEER will review the model with the CITY
and select up to four (4) perspective views the ENGINEER will render utilizing Lumion.
Changes to the site plan directed by the CITY after this task is complete that necessitate changes to the
model will be considered an additional service and billed at our then -current hourly rate.
Deliverables
• Four (4) perspective renderings
Task 28 Aquatic Resources Delineation — If Authorized
The ENGINEER will locate readily available resource documents and related data for a preliminary review
of site conditions and then 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.
The ENGINEER will prepare exhibits showing the boundaries, acreage, and 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 framework, describe the
assessment methodology, limitations, and findings. The report will also include applicable maps/exhibits,
site photographs, and data sheets/forms.
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
Kimley>>> Horn Attachment Page 21
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.
This Task does not include consultation with the USACE.
Task 29 Request for `No Permit Required Letter' (NPR Letter) from USACE — If Authorized
ENGINEER will prepare a package to submit to the USACE to formally request a delineation concurrence
and a review and issuance of a No Permit Required (NPR) Letter documenting that no Department of the
Army permit is necessary for the proposed project. It should be known that the USACE might require an
assumption that all aquatic features identified during the aquatic resources delineation are jurisdictional and
that they will all be avoided by the project entirely.
The NPR Letter request package will consist of the following:
• Aquatic resources delineation report (previously prepared by ENGINEER); the previously
prepared report might require update/modification prior to submittal
• Applicable forms (Engineer Form 6249, Appendix 1)
• Site photographs
• Site plans or layout to be provided by the CITY
• Agent authorization form/letter
This scope of work does not guarantee that a NPR Letter will be obtained from the USACE. Should a site
visit be requested by the USACE, a subsequent task order will be provided to the CITY. It should be known
that if a NPR Letter is issued by the USACE and regulations change regarding jurisdictional classification
of aquatic features, the NPR Letter may no longer be valid.
This task does not include accompanying the USACE on a site visit if the assigned project manager
requests a site visit. If required, this can be performed for an additional fee.
Task 30 Alternative Conditioned Space Structural Design
The ENGINEER will provide the following limited structural engineering services related to one (1)
alternative conditioned space.
• The ENGINEER will review documentation for the proposed structures provided by others.
• The ENGINEER will review Geotechnical recommendations for the proposed structures.
• The ENGINEER will coordinate with Architects and CITY to obtain additional information.
• The ENGINEER will respond to one round of comments from CITY and Authority Having
Jurisdiction.
• The ENGINEER will develop structural notes and specifications in accordance with the version
of the International Building Code (IBC) adopted by the City at the time of design.
• Perform structural design calculations in accordance with applicable codes.
o Conceptual sizing of walls, beams, rafters, and roof elements of the buildings.
■ Fabricator will provide signed and sealed shop drawings for Engineer and
Architect approval.
o Foundation design for each building assuming shallow foundations.
Deliverables: structural plans with views and details at scale with dimensions.
• Plan View
• Up to two typical sections
Kimley»>Horn
Attachment A Page 22
• Typical Foundation details
• Miscellaneous details: the miscellaneous details will provide additional joint, waterproofing, and
reinforcing details necessary to construct the proposed structures.
The structural design does not include:
• Final member sizing for the above structures.
• Connections and anchor bolts design.
• Non-structural elements attachment design.
• Develop custom technical specifications.
• Geotechnical engineering services.
• Design of any structural elements other than items specified above.
• Construction Submittal Reviews.
This task assumes the following:
• Alternative conditioned space will not exceed 10'x20' or 200 gross square feet
• Alternative conditioned space will be slab on grade
• Alternative conditioned space will be CMU construction
• Alternative conditioned space will be a single -slope roof
Task 31 Alternative Conditioned Space Architectural Design
ENGINEER is retaining Subconsultant to provide the services described herein solely for the administrative
convenience of the CITY. CITY acknowledges that ENGINEER will not be reviewing the work product of
Subconsultant and agrees that ENGINEER shall not be liable for it in any way. If the CITY has any future
claim related to these services, CITY will pursue the claim against Subconsultant directly and hold harmless
ENGINEER from any such claim."
The ENGINEER will utilize a subconsultant to provide design services for architectural design of the
alternative conditioned space. This task will consist of:
31.1 Schematic Design — Architectural
• 30% Schematic architectural documents
• Coordination with civil, structural, and MEP engineering disciplines
31.2 Design Development —Architectural
Based on the CITY's approval of the Schematic Design Documents and authorization to proceed, the
architectural subconsultant will further develop the design with greater detail and refinement.
• 60% Design Development architectural documents
• Coordination with civil, structural, and MEP engineering disciplines
31.3 Construction Documents — Architectural
Based upon the CITY's approval of the Design Development Documents with authorization to proceed
and CITY review comments, the architectural subconsultant will prepare documents suitable for
permitting and construction, "Plan Check".
0 90% Architectural Construction Documents
Kimley>>> Horn Attachment Page 23
• Final Architectural Construction Documents
• Coordination with civil structural, and MEP engineering disciplines
31.4 Bidding Phase — Architectural
Assist the project team with architecturally related support during the bidding process.
This task assumes the following:
• Alternative conditioned space will not exceed 10'x20' or 200 gross square feet
• Alternative conditioned space will be slab on grade
• Alternative conditioned space will be CMU construction
• Alternative conditioned space will be a single -slope roof
Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:
• Full-time project observation.
• Project observation to verify contract conformance.
• Additional meetings.
• Assist the CITY as an expert witness in litigation in connection with the project or in hearings
before approving and regulatory agencies.
• Any services not listed above.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at ENGINEER's then -current hourly rates. Additional services ENGINEER can provide include,
but are not limited to, the following:
• 3D modeling and graphics
• Preparation of a LOMR/CLOMR
• Preparation of a Traffic Study or Traffic Impact Analysis (TIA)
• Traffic signal design
Information Provided By CITY
ENGINEER shall be entitled to rely on the completeness and accuracy of all information provided by the
CITY or the CITY's consultants or representatives.
Schedule
ENGINEER will perform the services as expeditiously as practicable with the goal of meeting a mutually
agreed upon schedule. The design phase is anticipated to begin in June of 2025 and be completed in
December of 2026. The construction phase is tentatively anticipated to begin in January of 2027 and be
completed in January of 2028.
Fee and Expenses
ENGINEER will perform the services in Tasks 1 — 22 and Tasks 24 - 31 for the total lump sum fee below.
Kimley»>Horn
Attachment A Page 24
Individual task amounts are informational only. All permitting, application, and similar project fees will be
paid directly by the CITY.
Task
1
Number & Name
Project Management and Design Coordination
Fee AWTYP
$ 80,000
Lump Sum
2
Schematic Design — Landscape Architecture
$ 42,000
Lump Sum
3
Design Development — Landscape Architecture
$ 55,000
Lump Sum
4
Construction Documents — Landscape Architecture
$ 105,000
Lump Sum
5
Schematic Design — Civil Engineering
$ 11,500
Lump Sum
6
Design Development — Civil Engineering
$ 30,000
Lump Sum
7
Construction Documents — Civil Engineering
$ 36,000
Lump Sum
8
Geotechnical Investigation
$ 12,000
Lump Sum
9
Subsurface Utility Engineering
$ 39,000
Lump Sum
10
IT/AV
$ 86,000
Lump Sum
11
Traffic Control Plans
$ 10,500
Lump Sum
12
Structural Design
$ 51,000
Lump Sum
13
Architectural Design
$ 237,000
Lump Sum
14
MEP Design
$ 136,500
Lump Sum
15
Drainage Design
$ 47,000
Lump Sum
16
Pond Grading/Dredging Plan
$ 35,000
Lump Sum
17
Water Feature Design
$ 200,000
Lump Sum
18
Accessibility Review
$ 7,000
Lump Sum
19
Replat
$ 9,000
Lump Sum
20
CITY Permitting Coordination
$ 10,000
Lump Sum
21
Bidding Phase Services
$ 15,000
Lump Sum
22
Construction Phase Services
$ 95,000
Lump Sum
24*
Stormwater Pollution Prevention Plan
$ 3,000
Lump Sum
25*
Topographic Survey Allowance
$ 8,000
Lump Sum
26*
Public Water Line Plans
$ 8,000
Lump Sum
27*
Digital Renderings
$ 15,000
Lump Sum
28*
Aquatic Resources Delineation
$ 7,000
Lump Sum
29*
Request for `No permit Required Letter' (NPR Letter) from USACE
$ 4,000
Lump Sum
30*
Alternative Conditioned Space Structural Design
$ 12,300
Lump Sum
31 *
Alternative Conditioned Space Architectural Design
$ 20,200
Lump Sum
Total Lump Sum Fee
$ 1,438,000
*Optional tasks will be completed with CITY authorization
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Kimley»>Horn
Attachment A Page 25
ENGINEER will perform the services in Task 23 on a labor fee plus expense basis with the maximum labor
fee shown below.
Task Number & Name
Fee Type
23
Construction Phase Public Communication and
Coordination
$105,800 Hourly, Not -to -Exceed
Total
$105,800
ENGINEER will not exceed the total maximum labor fee shown without authorization from the CITY.
As to Task 23, labor fee will be billed on an hourly basis according to our then -current rates. Direct
reimbursable expenses such as express delivery services, air travel, and other direct expenses will be billed
at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses
as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related
computer time, and local mileage. Administrative time related to the project may be billed hourly. All
permitting, application, and similar project fees will be paid directly by the CITY. Should the CITY request
ENGINEER to advance any such project fees on the CITY's behalf, an invoice for such fees, with a fifteen
percent (15%) markup, will be immediately issued to and paid by the CITY.
Payment will be due within 30 days of your receipt of the invoice and should include the invoice number
and ENGINEER project number.