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2025-06-03 SPDC PacketCITY OF SOUTHLAKE MEMORANDUM May 30, 2025 TO: Southlake Parks Development Corporation FROM: David Miller, Director of Community Services SUBJECT: Agenda Item Comments for the Southlake Parks Development Corporation and Parks & Recreation Meeting — Tuesday, June 03, 2025 — Tuesday, June 03, 2025, at 4:30 P.M. Please note: The meeting will begin at 4:30 p.m. in the Southlake City Council Chambers. Agenda Item 1A. Call to Order 2. Aaenda Item 2A. Consent: ADDrove the minutes from the Southlake Parks Development Corporation meeting held on March 04, 2025 — Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item 3A. Public Forum: Public Forum is the public's opportunity to address the SPDC about non -agenda items. During this proceeding, the SPDC will not discuss, consider, or act on any item presented. 4. Aaenda Item 4A. Consider: SPDC recommendation of aaaroval on an Engineering Services Agreement (ESA) with Baird, Hampton & Brown (BHB) for engineering services, design, and construction administration support for the Athletic Fields Turf Conversion Phase II, in an amount not to exceed 204 562 —The purpose of this item is for SPDC to consider recommending approval on an ESA with Baird, Hampton & Brown (BHB) for engineering services, design, and construction administration support for the Athletic Fields Turf Conversion Phase II. A memo and supporting documents are included in your packet. Agenda Item 4B. Consider: SPDC recommendation of approval on an Engineering Services Agreement (ESA) with Kimley-Horn and Associates Inc. for engineering, design services, and construction administration support for the Town Hall Plaza Park project, in an amount not to exceed $1,775,370 — The purpose of this item is for SPDC to consider recommending approval on an ESA with Kimley-Horn for engineering, design services, and construction City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Parks Development Corporation Meeting Date — June 03, 2025 Page 2 of 2 administration support for the Town Hall Plaza project. A memo and supporting documents are included in your packet. Agenda Item 4C. Consider: SPDC recommendation for approval to authorize expenditures for Parks Lightning Detection Systems and Services with Perry Weather, Inc. in an amount not to exceed $83,106 —The purpose of this item is for SPDC to consider recommending SPDC funding for Parks Lightning Detection Systems and Services with Perry Weather, Inc. A memo and supporting documents are included in your packet. 5. Agenda Item 5A. Discussion- Sales Tax Report —The Sales Tax report is included in your packet. Chief Financial Officer Sharen Jackson is available if you have any questions. 6. Agenda Item 6. Adjournment As always, we appreciate your commitment and service to the City. If you have any questions regarding the agenda or materials, please feel free to contact me at (817) 748-8018. DJM STAFF CONTACT INFORMATION: David Miller, Director of Community Services (817) 748-8018 Fince Espinoza, Deputy Director of Community Services (817) 748- 8925 Sharen Jackson, Chief Financial Officer, (817) 748-8042 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION June 3, 2025 4:30 p.m. LOCATION: Southlake Town Hall City Council Chambers 1400 Main Street, Southlake, Texas TIME: 4:30 P.M. REGULAR AGENDA: Call to order 2. Consent A. Approve the minutes from the Southlake Parks Development Corporation meeting held on March 4, 2025. 3. Public Forum (This is the Public's opportunity to address the SPDC about non -agenda items. During this proceeding, the SPDC will not discuss, consider, or act on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to 3 minutes.) 4. Consider A. SPDC recommendation of approval on an Engineering Services Agreement (ESA) with Baird, Hampton & Brown (BHB) for engineering services, design, and construction administration support for the Athletic Fields Turf Conversion Phase II, in an amount not to exceed $204,562. B. SPDC recommendation of approval on an Engineering Services Agreement (ESA) with Kimley-Horn and Associates Inc. for engineering, design services, and construction administration support for the Town Hall Plaza Park project, in an amount not to exceed $1,775,370. C. SPDC recommendation for approval to authorize expenditures for Parks Lightning Detection Systems and Services with Perry Weather, Inc. in an amount not to exceed $83,106. 5. Discussion A. Sales Tax Report. 6. Adjournment A quorum of the City Council, Board, Commission, or Committee may or may not be present at this meeting. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Parks Development Corporation June 3, 2025 Page 2 of 2 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southla�e`` ing*��Friday, May 30, 2025, by 6:00 p.m. pursuant to Chapter 51the Texas Gove`rtrlben�i GOde. ,!F Amy he ey, C ' City Secretary ' If you Ian to attend thisu4�t. j * and have a disability that requires special needs I Y p p ►�►1n�A�� Y q p ,pease advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accommodations will be made to assist you. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 2A CITY OF SOUTHLAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEETING MINUTES MARCH 4, 2025 LOCATION: Southlake Town Hall, City Council Chambers, 1400 Main Street, Southlake, Texas SPDC MEMBERS PRESENT: Members Magdalena Battles, Lori Palmer, Tamara McMillan, Kathy Talley, Frances Scharli, Randy Williamson and Ronell Smith. STAFF PRESENT: Director of Community Services David Miller, Chief Financial Officer Sharen Jackson, and City Secretary Amy Shelley. REGULAR AGENDA: 1. CALL TO ORDER Southlake Parks Development Corporation President Randy Williamson called the SPDC meeting to order at 4:32 p.m. 2. CONSENT 2A. APPROVAL OF THE MINUTES FROM THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEETING HELD ON JANUARY 21, 2025. President Williamson presented Item 2A, and there were no questions from the board. APPROVFn A motion was made to approve the minutes from the Southlake Parks Development Corporation meeting held on January 21, 2025, as written. Motion: McMillan Second: Smith Ayes: Talley, Williamson, McMillan, Smith, Palmer, Battles Abstain: Scharli Approved: 6-0 3. PUBLIC FORUM President Williamson opened the public forum at 4:34 p.m. There being no one wishing to speak, President Williamson closed the public forum at 4:34 p.m. Southlake Parks Development Corporation Meeting Minutes — March 4, 2025 Page 1 of 2 4. CONSIDER 4A. SPDC RECOMMENDATION ON SPDC MATCHING FUNDS REQUEST FROM WATERMERE AT SOUTHLAKE CONDOMINIUM ASSOCIATION FOR THE REFURBISHMENT OF THE WATERMERE AT SOUTHLAKE PARK GAZEBO IN AN AMOUNT NOT TO EXCEED $25,000. APPROVED Director of Community Services David Miller presented Item 4A and answered questions from the Board. A motion was made to approve the recommendation on SPDC matching funds request from Watermere at Southlake Condominium Association for the refurbishment of the Watermere at Southlake Park Gazebo in an amount not to exceed $25,000. Motion: McMillan Second: Smith Ayes: Talley, Scharli, Williamson, McMillan, Smith, Palmer, Battles Abstain: None Approved: 7-0 5. DISCUSSION 5A. SALES TAX REPORT Chief Financial Officer Sharen Jackson provided an overview of the sales tax report, and no action was required. 6. ADJOURNMENT Meeting was adjourned by President Williamson at 4:40 p.m. MINUTES APPROVED BY SPDC ON THIS, THE DAY OF 2025. Randy Williamson, President Southlake Parks Development Corporation ATTEST: Amy Shelley, City Secretary Southlake Parks Development Corporation Liaison Southlake Parks Development Corporation Meeting Minutes — March 4, 2025 Page 2 of 2 CITY OF SOUTHLAKE Item 4A MEMORANDUM May 30, 2025 To: Southlake Parks Development Corporation From: David J. Miller, Director of Community Services Subject: SPDC recommendation on an Engineering Services Agreement (ESA) with Baird, Hampton & Brown (BHB) for engineering services, design, and construction administration support for the Athletic Fields Turf Conversion Phase II, in an amount not to exceed $204,562. Action Requested: SPDC recommendation on an Engineering Services Agreement (ESA) with Baird, Hampton & Brown (BHB) for engineering services, design, and construction administration support for the Athletic Fields Turf Conversion Phase II, in an amount not to exceed $204,562. Background Information: The purpose of this item is for the Southlake Parks Development Corporation to consider recommending an Engineering Services Agreement (ESA) with Baird, Hampton & Brown (BHB) for engineering services, design, and construction administration support for the Athletic Fields Turf Conversion Phase II project, in an amount not to exceed $204,562. In June 2024, City staff engaged BHB to provide a feasibility, scoping, and budget study on improvements at Bicentennial Park, Bob Jones Park, North Park, and the Southlake Sports Complex. Staff presented the findings of these studies, the project budgets, and the community's needs, along with a recommendation that North Park was the best location for the next phase of work for the Athletic Fields Turf Conversion project to the City Council. Through the FY 2025 CIP budget process, the City Council gave confirmation of these findings and direction for staff to proceed on the improvements at North Park through the adoption of the FY 2025 CIP budget. The design of the improvements to North Park will include the conversion of three fields to synthetic turf, improvements to fencing, drainage, and ADA pathways. The addition of parking to address overflow needs, and potential upgrades to existing lighting, irrigation, Page 1 of 3 Southlake Parks Development Corporation Meeting Date —June 3, 2025 Page 2 of 3 and practice field grading, the addition of a practice hitting wall, and supplemental CCTV coverage as project funds allow. BHB submitted a proposal for design and construction administration support for this scope for $177,880. The $204,562 not -to -exceed amount authorization includes a 15.0% design contingency (to be used to address any unanticipated conditions encountered during design and construction administration). Financial Considerations: Funding for this ESA is included in the Athletic Fields Turf Conversion Phase I I project fund from the approved FY 2025 Capital Improvements Program in the SPDC Fund. Strategic Link: This request links to the City's Strategy Map strategic focus areas of Infrastructure and Development. It specifically relates to the City's Corporate Objectives of B2: Collaborate with Select Partners to Implement Service Solutions and F2: Investing to Provide & Maintain High Quality Public Assets. Citizen Input/ Board Review: The Southlake Parks Development Corporation (SPDC) Board recommendation on the expenditure of SPDC funds for this agreement at its June 3, 2025, meeting. The City Council will consider this item at the June 3, 2025, meeting. Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. Alternatives: The Southlake Parks Development Corporation may approve or deny the proposal. Supporting Documents: Attachment A: Engineering Services Agreement Staff Recommendation: SPDC recommendation on an Engineering Services Agreement (ESA) with Baird, Hampton & Brown (BHB) for engineering services, design, and construction administration support for the Annual Park Enhancements — Athletic Fields Turf Conversion Phase II, in an amount not to exceed $204,562. Staff Page 2 of 3 Southlake Parks Development Corporation Meeting Date —June 3, 2025 Page 3 of 3 Contact: David J. Miller, Director of Community Services Fince Espinoza, Deputy Director of Community Services Mamerto A. Estepa, Jr., Project Manager Page 3 of 3 Engineering Services Agreement with Baird, Hampton & Brown 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 Baird, Hampton & Brown, 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 ENGINEERING SERVICES A. Scope of Work ENGINEER will provide the supervision, direction, personnel, and equipment to perform the engineering services outlined in Attachment A, which includes, but is not limited to construction administration services to ensure final completion of the Project within the established contract time and price, in accordance with the terms set forth in this Agreement and the construction contract for the Project. B. Definitions "Services" refer to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes Page 1 CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and/or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. 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 Page 2 disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. 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, DEFEND, 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 AN ERROR, OMISSION, ACT OF NEGLIGENCE, 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. Page 3 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 - 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: 1. Provide full information as to CITY's requirements for the Project; 2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's control or knowledge which is pertinent to the Project, including executed right-of-way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from contractors, except as otherwise provided on Attachment A; Page 4 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY's decisions; 7. Provide all information and criteria as to the CITY's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction; 8. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; 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 $117,365.00 for Basic Services, plus $60,515.00 for Additional Services (as outlined in Attachment B) with a total not to exceed cost ceiling of $177,880.00 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. Page 5 If CITY fails to make payment due ENGINEER within thirty (30) days of the day when payment for services and expenses is due under the terms of this Agreement, ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the Texas Government Code. V. ARTICLE ADDITIONAL ENGINEERING SERVICES In addition to performing the engineering services set out in Article I, hereof, ENGINEER agrees to perform additional services as requested by CITY from time to time and CITY agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard hourly fee and expenses (see Attachment A) for actual time expended and actual out-of-pocket sums expended, such services to be one or more of the following: 1. Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Preparation of environmental impact assessments or statements for any 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 Page 6 shall remain in force until work is completed on the Project or until terminated under the provisions hereinafter provided in Article VIII. VIII. ARTICLE TERMINATION The CITY may terminate this Agreement at any time for convenience, with or without cause by giving written notice to the ENGINEER. Such termination may be made effective on such future date as agreed by the parties, but absent such agreement shall be immediate. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE OWNERSHIP OF DOCUMENTS 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 Page 7 including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY within ten (10) business days after execution of this Agreement and prior to issuing Notice to Proceed. Such certificates shall provide that the insurer will give CITY not less than ten (10) days' notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. 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 May 2026. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible Page 8 for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to CITY's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation as agreed upon by CITY and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: Alison Ortowski City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817-748-8400 Fax: 817-748-8010 If to ENGINEER: John Austin Baird, PE Principal, Sr. Civil Engineer Baird, Hampton & Brown 3801 William D Tate, Suite 500 Grapevine, Texas 76051 Phone: (817) 251-8550 Fax: (817) 338-9245 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, Page 9 shall not substantially affect the rights or obligations granted to or undertaken by either party. XIV. ARTICLE 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. Page 11 XXI. ARTICLE EXTENT OF AGREEMENT 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: la Alison Ortowski, City Manager ATTEST: By: City Secretary Page 12 ENGINEER: Baird, Hampton & Brown By: John'Austin Baird; PE, Principal, Sr. Civil Engineer THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared John Austin Baird known to me [or proved to me on the oath of or through (description of identity card or other document)] to be the person wh se name is subscribed to the foregoing instrument and that he/she is the duly authorized Principal of Baird, Hampton & Brown, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this i'{ day of __ Mc;,,, , 20�. (SEAL) Notar�'('ublic, State of Texas v'tn IL)4 1 �ri VXa eccL. MIRIAM IVANA ROCK Notary's Name Printed Notary Public, State of Texas Comm. Expires 10-04-2027 Notary ID 134588864 Page 13 ATTACHMENT A BASIC ENGINEERING SERVICES for NORTH PARK TURF IMPROVEMENTS City of Southlake The City of Southlake has requested that Baird, Hampton & Brown develop design documents for the proposed sport field turf improvement project at North Park. The specific park improvements that have been identified for this effort are: Turf replacement on lacrosse fields 1, 2, & 3 Upgrading existing lighting fixtures to LED Additional parking to address parking overflow needs Supplemental CCTV coverage Fencing improvements at existing sports fields Drainage improvements as needed Irrigation adjustments as needed ADA path improvements Practice field grading adjustments Addition of practice hitting wall Opinions of probable construction cost will also be prepared for the identified proposed improvements. The scope of work for Basic Engineering Services involves project management and evaluation of field improvements. GENERAL A. Project Management, Administration, and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop progress reports, prepare invoices, and meet with other entities on an as -needed basis for the duration of the PROJECT's design. 2. The ENGINEER will establish a work program and schedule for each subconsultant, if any, at the beginning of each phase/section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. II. LAND SURVEYING A. Topographic Survey Limited topographic survey of the project area for use in the analysis and design of the proposed improvements including: 1. Adequately model 'on the ground' conditions of the project area and 15' (fifteen feet) outside the perimeter where accessible. (i) Locate visible site improvements. (ii) Locate trees with a Diameter at Breast Height (DBH) of 6" (six inches) and above. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 1 of 13 (iii) Locate drainage infrastructure improvements and pipe sizes where accessible. (iv) Show V (one foot) contours created from an approximate 50' (fifty foot) grid system (v) Establish a minimum of 2 (two) on-site/project benchmarks. (vi) Coordinate with underground utility locating service Texas811. III. CONCEPT REPORT & PLANS A. Turf Product Research & Alternative Analysis Research available turf systems and evaluate based on City criteria. Turf manufacturer will provide installation details and specifications for inclusion in the plans. B. Concept Site Plan Develop a concept site plan showing the proposed parking layout, field layout, fencing, ADA paths, and storm drain improvements for City approval. C. Concept Report Prepare a report summarizing the findings from researching turf products. Provide recommendations and assist the City with product and manufacturer selection. IV. PRELIMINARY PLANS & ESTIMATES A. Prepare Preliminary (65%) Construction Plans 1. Develop parking, field, and fencing layouts, parking, field, and ADA grading, storm drain improvements, and erosion control plans over actual field surveys. Provide necessary construction details for the proposed improvements. 2. Structural engineering for a hitting wall including foundation design per geotechnical recommendations and CMU wall design. 3. Electrical engineering including photometric analysis and component information for aiming of luminaires for existing field lighting LED upgrades, lighting design for the proposed parking lot expansion, and raceway provisions for CCTV locations as designated by owner. 4. Landscape design for parking lot improvements and any disturbed areas will comply with the minimum requirements of the City of Southlake landscape ordinance and will emulate the existing landscaping. 5. Tree protection plan identifying the existing trees on site to be protected during construction. 6. Irrigation design of the parking lot expansion landscape. Irrigation plans will be prepared by a licensed irrigation designer and will include all disturbed areas, game fields, and practice field. B. Opinions of Probable Construction Costs Prepare project quantities and an opinion of probable construction cost for the proposed improvements. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 2 of 13 C. Project Manual Prepare draft project manual containing the applicable forms, contracts, advertising/bid schedule, and specifications for the project. D. Submittal & Review Meeting Attend a design review meeting with City staff to discuss comments and revisions for the preliminary design. V. FINAL PLANS & ESTIMATES A. Prepare Final (95%) Construction Plans, Estimates, & Project Manual 1. Incorporate City review comments and directives from the preliminary plans submittal. 2. Complete parking, field, and fencing layouts, parking/field/ADA grading, storm drain improvements, and erosion control plans over actual field surveys. Provide necessary construction details for the proposed improvements. 3. Structural engineering for a hitting wall including foundation design per geotechnical recommendations and CMU wall design. 4. Electrical engineering including photometric analysis and component information for aiming of luminaires for existing field lighting LED upgrades, lighting design for the proposed parking lot expansion, and raceway provisions for CCTV locations as designated by owner. 5. Landscape design for parking lot improvements and any disturbed areas will comply with the minimum requirements of the City of Southlake landscape ordinance and will emulate the existing landscaping. 6. Irrigation design of the parking lot expansion landscape. Irrigation plans will be prepared by a licensed irrigation designer and will include all disturbed areas, game fields, and practice field. 7. Prepare revised project quantities and an opinion of probable construction cost for the proposed improvements. 8. Incorporate City comments and revise the project manual as needed. 9. Attend a design review meeting with City staff to discuss comments and revisions for the final design. B. Prepare Final (100%) Bid Documents 1. Incorporate CITY review comments and directives from the Final (95%) Design plans. 2. Provide final plans, specifications, and cost estimates. 3. Submit two (2) sets of final bid documents for CITY approval and bidding. VI. BIDDING PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement in an official publication. The ENGINEER shall provide all necessary printing of construction plans, specifications, and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 3 of 13 B. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders and maintaining a Bidders List. C. The ENGINEER shall prepare and respond to all addenda for the PROJECT. D. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY the proper action on all proposals received. E. Issue a notice to proceed to the CONTRACTOR selected by the CITY for the PROJECT. F. Assist in the preparation of formal Contract Documents found in the Project Manual and coordinate their execution by the respective parties. G. The ENGINEER will assist with the proposed construction administration listed on Attachment A, Special Services, IV. Construction Support, A. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 4 of 13 ATTACHMENT A -CONTINUED SPECIAL SERVICES for NORTH PARK TURF IMPROVEMENTS City of Southlake I. GEOTECHNICAL INVESTIGATION 1. Subsurface exploration to consist of five (5) sample borings drilled to a depth of five (5) feet in the area of the proposed parking expansion and six (6) sample borings drilled to a depth of 15 feet in the area of the new artificial turf fields. 2. Laboratory services to classify and determine soil characteristics including moisture content and soil identification, percent passing #200 sieve, liquid and plastic limit determinations, unconfined compression tests, unit weight determinations, and soluble sulfate tests. 3. Engineering report to present the results of field and laboratory data along with analyses and recommendations. II. TAS REIVEW/TDLR REGISTRATION 1. Register the project with TDLR if the total project (per TAC Rule 68.50) construction cost equals or exceeds $50,000. 2. Submit the project for TAS plan review and address any deficiencies. 3. Submit the project for TAS post -construction inspection. III. SUBGRADE VERIFICATION SURVEY 1. Photogrammetric Mapping — Aerial orthorectified imagery to be used for a georeferenced orthomosaic. 2. Topographic Survey — Limited topographic survey of the project area and 15' (fifteen feet) outside the perimeter for use in verifying the proposed grades before the subgrade is covered. Two mobilizations are included to accommodate staged field completion. (i) Show V (one foot) contours created from an approximate 50' (fifty foot) grid system. IV. FINAL AS -BUILT SURVEY 1. Photogrammetric Mapping — Aerial orthorectified imagery to be used for a georeferenced orthomosaic. 2. Topographic Survey — Limited topographic survey of the project area and 15' (fifteen feet) outside the perimeter for use in verifying as -built drainage patterns of the proposed improvements. Two mobilizations are included to accommodate staged field completion. (i) Show 1' (one foot) contours created from an approximate 50' (fifty foot) grid system. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 5 of 13 V. CONSTRUCTION SUPPORT A. Attend the project pre -construction meeting with the CITY and CONTRACTOR. B. Provide construction support services, including responding to RFIs, reviewing product submittals, and conflict resolution. Issue ASIs and change orders as needed. Review and approve pay applications. C. Attend monthly project site visits as construction proceeds to observe and report on progress. D. Conduct, in company with the Contractor and the CITY, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. E. Issue notice of PROJECT acceptance and commencement of two-year warranty bond period. F. Prepare Record Drawings, with the assistance of the CITY's Resident PROJECT Representative, to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red -lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit one (1) printed set of Record Drawings and electronic files (in pdf and dwg formats), to the CITY. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 6 of 13 ATTACHMENT A -CONTINUED HOURLY AND/OR ADDITIONAL ENGINEERING SERVICES for NORTH PARK TURF IMPROVEMENTS City of Southlake ADDITIONAL Engineering Services not included in the scope of work include site visits and other construction services, however these services can be provided if requested and would be billed hourly per our standard rates. II. ADDITIONAL Engineering Services not included in the scope of work include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER'S control. III. ADDITIONAL Engineering Services not included in the scope of work also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. IV. HOURLY and/or ADDITIONAL Engineering services in connection with the PROJECT and described above, and including services which are to be furnished on an hourly basis or by the CITY, and services not otherwise provided for in this Agreement, will be provided at the following rates: Engineering — Eng.; Land Surveying — LS; Landscape Architecture — LA Eng. & Management — Principal/VP $ 325.00 /hr. Designer - IV $ 205.00 /hr. Eng. PE/LS RPLS/LA RLA - IV $ 225.00 /hr. Designer - III $ 150.00 /hr. Eng. PE/LS RPLS/LA RLA - III $ 190.00 /hr. Designer - II $ 125.00 /hr. Eng. PE/LS RPLS/LA RLA - II $ 175.00 /hr. Designer - 1 $ 105.00 /hr. Eng. PE/LS RPLS/LA RLA - 1 $ 145.00 /hr. CAD/Tech. Survey Services $ 95.00 /hr. Eng. EIT/LS SIT - IV $ 135.00 /hr. Field Surveying —1 Person Crew $ 175.00 /hr. Eng. EIT/LS SIT - III $ 125.00 /hr. Field Surveying — 2 Person Crew $ 205.00 /hr. Eng. EIT/LS SIT - II $ 115.00 /hr. Field Surveying — 3 Person Crew $ 225.00 /hr. Eng. EIT/LS SIT - 1 $ 105.00 /hr. Construction Staking — 2 Person Crew $ 225.00 /hr. CAD / Drafting Services $ 70.00 /hr. Clerical Services $ 85.00 /hr. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 7 of 13 ATTACHMENT A -CONTINUED CITY PROVIDED INFORMATION/SERVICES for NORTH PARK TURF IMPROVEMENTS City of Southlake The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available Record Drawings for existing streets and drainage facilities, if available. III. Provide any available Record Drawings for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from local franchise utility companies. V. Provide standard details in digital format. VI. Assist the ENGINEER by coordinating with the franchise utility companies and addressing potential conflicts prior to construction. VII. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right -Of -Way, if/when required. VIII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 8 of 13 ATTACHMENT B COMPENSATION for NORTH PARK TURF IMPROVEMENTS City of Southlake COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive, the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's office. A. Compensation for the Basic Engineering Services shall be a lump sum fee of $117,365.00. Compensation for the Special Services shall be an estimated sum of $60,515.00. This is a total estimated contract amount of $177,880.00. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for any requested Assistance or Construction Support Services of the Special Services shall be due in monthly installments and per the contract hourly billing rates schedule. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 9 of 13 B. Compensation for Additional Services not covered by Basic Engineering Services or Special Services provided herein shall be as follows: 1. For all of ENGINEER's personnel time applied to the Additional Engineering Services and not itemized above, the following hourly rates shall be used: Engineering — Eng.; Land Surveying — LS; Landscape Architecture — LA Eng. & Management— Principal/VP $ 325.00 /hr. Designer - IV $ 205.00 /hr. Eng. PE/LS RPLS/LA RLA - IV $ 225.00 /hr. Designer - III $ 150.00 /hr. Eng. PE/LS RPLS/LA RLA - III $ 190.00 /hr. Designer - II $ 125.00 /hr. Eng. PE/LS RPLS/LA RLA - II $ 175.00 /hr. Designer - 1 $ 105.00 /hr. Eng. PE/LS RPLS/LA RLA - 1 $ 145.00 /hr. CAD/Tech. Survey Services $ 95.00 /hr. Eng. EIT/LS SIT - IV $ 135.00 /hr. Field Surveying — 1 Person Crew $ 175.00 /hr. Eng. EIT/LS SIT - III $ 125.00 /hr. Field Surveying — 2 Person Crew $ 205.00 /hr. Eng. EIT/LS SIT - II $ 115.00 /hr. Field Surveying — 3 Person Crew $ 225.00 /hr. Eng. EIT/LS SIT - 1 $ 105.00 /hr. Construction Staking — 2 Person Crew $ 225.00 /hr. CAD / Drafting Services $ 70.00 /hr. Clerical Services $ 85.00 /hr. 2. For all direct non -labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement, and shall be in proportion to the percent completion of the total work. Invoices will be prepared in a format approved by the CITY and are due and payable within 30 days. ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 10 of 13 EXHIBIT C PROJECT LOCATION MAP for NORTH PARK IMPROVEMENTS City of Southlake PPUNNC # y� VS ADA � — . � �I'YP} IMPROVEMENTS I � � I ' { I I I 1 � LF3HTIYa, I AM n Qi xy� 66 'AWky-4b ,-as O ED.-.OD fY PRACTICE FIELD I 1 IMPROVEMENTS I� T r II 1 ¢ I L I c I I k 1 I 1 ENGINEERING SERVICES FOR THE CITY OF SOUTHLAKE BY BAIRD. HAMPTON & BROWN. INC. North Park Turf Improvements (May 2025) Page 11 of 13 LOE - North Park Turf Improvements.xlsx BHB Engineering & Surveying 4/30/2025 3801 William D Tate Ave, Ste. 500, Grapevine, TX 76051 Tel 817-251-8550, www.bhbinc.com Services Level of Effort: Item / Task Description & Estimated Hours of Effort NORTH PARK TURF IMPROVEMENTS Southlake, TX May 1, 2025 Project Project Project Landscape Engineering Project Survey Survey Direct Item / Task Description Director Manager Engineer Architect EIT Surveyor Field Crew CADD/Tech Clerical Costs Amount (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) IS) ($) $ 325.00 $ 190.00 $ 175.00 $ 190.00 $ 135.00 $ 190.00 $ 205.00 $ 95.00 $ 85.00 1.10 Surveying Services $ 9,225 Topographic Surveying 1 2 6 24 16 8,025 Set Project Control Points 2 4 1,200 Subtotal = 0 0 1 0 2 8 28 16 0 0 Concept Plans $ 16,595 Turf Product Research & Alternative Analysis 2 2 6 16 8 6,200 Concept Parking, Field & Storm Drain Layout 1 6 12 24 6,805 Concept Report 2 6 16 3,590 Subtotal = 3 10 24 16 48 0 0 0 0 0 Preliminary Plans $ 48,880 Field Layout & Grading Plans 2 6 8 24 6,430 Parking Lot Layout & Site Plan 1 2 4 12 3,025 Parking Lot Grading & Drainage Plan 2 4 8 20 5,510 Storm Drain Plan & Profile 1 4 6 16 4,295 Fencing Layout & Control 1 2 6 1,350 ADA Layout & Grading 1 2 6 1,350 Erosion Control Plan & Details 1 2 4 1,080 Utility, Paving & Misc. Details 1 2 6 1,350 Structural Engineering (Hitting Wall) 1 4 6 8 3,215 Site Lighting Design 2 6 12 30 7,940 Landscape Plan & Details 1 2 4 16 2 4,715 Irrigation Design 4 1200 2,080 Opinion of Probable Construction Cost 1 1 2 1 8 2,135 Draft Project Manual & Specs 1 2 6 12 3,375 Submittal & Review Meeting 2 2 1,030 Subtotal = 14 37 64 21 154 0 0 0 0 1200 Final Plans $ 39,990 Field Layout & Grading Plans 1 4 6 16 4,295 Parking Lot Layout & Site Plan 1 2 6 16 3,915 Parking Lot Grading & Drainage Plan 1 2 8 16 4,265 Storm Drain Plan & Profile 1 2 4 12 3,025 Fencing Layout & Control 1 2 4 1,080 ADA Layout & Grading 1 2 4 1,080 Erosion Control Plan & Details 1 1 4 905 Structural Engineering (Hitting Wall) 1 2 6 8 2,835 Site Lighting Design 1 4 8 24 5,725 Utility, Paving & Misc. Details 1 2 4 1,080 Landscape Plan & Details 2 4 10 2 3,250 Irrigation Design 2 1000 1,480 Opinion of Probable Construction Cost 1 2 1 6 1,540 Final Project Manual & Specs 2 4 8 2,160 Submital & Review Meeting 2 2 1,030 Incorporate Comments & Issue Bid Docs. 1 1 2 2 8 2,325 Subtotal= 9 28 57 15 132 0 0 0 0 1000 Bid Phase Services $ 2,675 Bid Project, Tab. Results & Recom. 2 2 4 1,270 Prepare Formal Contract Docs 1 1 2 4 1,405 Subtotal = 1 3 4 0 8 0 0 0 0 0 Total for Professional Services 27 78 150 52 344 8 28 16 0 2200 $ 117,365 CA/Additional Special Services $ 60,515 Geotechnical Investigation 1 2 $ 11,000 12,545 TAS Review/TDLR Registration 1 2 $ 3,000 3,840 Subgrade Verification Survey 2 4 4 12 36 24 13,560 Final As -Built Survey 2 4 4 12 36 24 13,560 Pre -Con Mtg, Site Visits & Final Inspection 2 16 16 5,850 Prepare Record Drawings & CAD Files 2 2 8 1,810 Construction Support, RFIs, Submittals (Hourly) 6 10 16 20 9,350 Total for Professional & Additional Special Services $ 177,880 CITY OF Item 4B SOUTHLAKE MEMORANDUM May 30, 2025 To: Southlake Parks Development Corporation From: David J. Miller, Director of Community Services Subject: SPDC recommendation on an Engineering Services Agreement (ESA) with Kimley-Horn and Associates Inc. for engineering, design services, and construction administration support for the Town Hall Plaza Park project, in an amount not to exceed $1,775,370. Action Requested: SPDC recommendation on an Engineering Services Agreement (ESA) with Kimley-Horn and Associates Inc. for engineering, design services, and construction administration support 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 Southlake Parks Development Corporation to consider recommending 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 Page 1 of 3 Southlake Parks Development Corporation Meeting Date —June 3, 2025 Page 2 of 3 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, 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 $1,775,370 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, 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 included in the existing Town Hall Plaza Park project fund from the approved FY 2025 Capital Improvements Program in the SPDC and HOT Funds. Page 2 of 3 Southlake Parks Development Corporation Meeting Date —June 3, 2025 Page 3 of 3 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 provide and maintain high -quality public assets and collaborating with select partners to implement service solutions. Citizen Input/ Board Review: The Southlake Parks Development Corporation (SPDC) Board approved the expenditure of SPDC funds for this agreement at its June 3, 2025, meeting. Legal Review: The proposed agreement is a standard agreement that the City Attorney has reviewed and approved. 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: SPDC recommendation on an Engineering Services Agreement (ESA) with Kimley-Horn and Associates Inc. for engineering, design services, and construction administration support for the Town Hall Plaza Park project, in an amount not to exceed $1,775,370. Staff Contact: David J. Miller, Director of Community Services Fince Espinoza, Deputy Director of Community Services Mamerto A. Estepa, Jr., Project Manager Page 3 of 3 Engineering Services Agreement with Kimley-Horn 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 ENGINEERING SERVICES A. Scope of Work 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 i r,: 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. CITY OF Item 4C ISOUTHLAKE MEMORANDUM May 30, 2025 To: Southlake Parks Development Corporation From: David Miller, Director of Community Services Subject: Recommendation for approval to authorize expenditures for Lightning Detection Systems and Services with Perry Weather, Inc. in an amount not to exceed $83,106 Action Requested: Recommendation for approval to authorize expenditures for Parks Lightning Detection Systems and Services with Perry Weather, Inc. in an amount not to exceed $83,106 Background Information: The city has utilized Perry Weather, Inc. for lightning detection systems and services since 2019. The City's current contract with Perry Weather Inc. provides Lightning Detection Services for two locations at Bob Jones Park: Softball and Soccer Complex. The scope of the new services will include mounted hardware at four additional locations to replace existing old units with a different service provider: North Park, the Southlake Sports Complex, the Southlake Tennis Center, and Phase II of the concession stand roof at Bicentennial Park, as well as upgrading the two existing systems at Bob Jones Park. In addition, Perry Weather's services include a web -based interface that provides additional information to approved users and city staff. Perry Weather has provided satisfactory services to the city for the last six years, and the State of Texas and the City of Southlake's purchasing requirements are met by purchasing this service through a formal BuyBoard contract pricing. The initial costs of setting up for hardware and services provided by Perry Weather Inc. exceed $50,000; therefore, recommendations by the Southlake Parks Development Corporation and approval by the City Council are required. Funding this request in the amount of $83,106 is included in the adopted FY 2025 SPDC budget. Southlake Parks Development Corporation Meeting Date — June 03, 2025 Page 2 of 3 On September 17, 2024, the City Council approved funding in the amount of for parks lightning detection services with Earth Networks as part of the funding authorization process. After negotiating with our current vendor, Perry Weather, we are staying with them since they are giving us consistent service and slightly better pricing. Staff are now asking SPDC to recommend approval of the SPDC expenditure with Perry Weather, Inc., before it moves to the City Council for approval. Financial Considerations: Funding for the parks' lightning detection systems upgrade is included within the City Council's adopted budget. For FY2025, City- wide expenditures are budgeted at $83,106, which includes the annual software subscription related to all 6 new Perry Weather systems in the amount of $9,385.55 as well as the purchase/upgrade of all 6 systems in the amount of $73,200 for a total of $82,585.55. The $83,106 is the original amount approved within the FY2025 budget, and the excess funds are being authorized in case of any anticipated overruns with installation. Funding this request with Perry Weather Inc. will not exceed $83,106 allocated within the adopted FY2025 SPDC operating budget. Moving forward, annual expenditures with Perry Weather will not exceed $9,385.55 annually, which is allocated with the current and future SPDC budgets. Strategic Link: This item is linked to the City's strategy map related to the focus area of Safety and Security, as well as the corporate objective to invest to provide and maintain high -quality public assets. Citizen Input/ Board Review: SPDC consideration on June 03, 2025 City Council consideration on June 17, 2025 Legal Review: None. Alternatives: Alternatives may include the following: • SPDC approve as presented • SPDC approve with input as desired • SPDC decision not to approve Supporting Documents: Perry Weather Quote Staff Southlake Parks Development Corporation Meeting Date — June 03, 2025 Page 3 of 3 Recommendation: Recommendation of approval of SPDC funding for Parks Lightning Detection Systems and Services with Perry Weather, Inc. in an amount not to exceed $83,106 Perry Weather Quote perry Weather City Of Southlake - S Outdoor Warning System Units (Hardware Purchase) Full Install City Of Southlake 1400 Main Street Southlake: TX 76092 Comments from Lily Baker Reference: 20250528-200154130 Quote created: May 28, 202S Quote expires: July 30, 2025 This Order Form replaces the previously signed Order Form in its entirety. First invoice will be due 9/15/25, including an extra 1.5 months for services from 6/01/24 - 5/31/25 for Bob Jones Park. Net 60 Terms for first payment. Payment will not be due until installation of new units is complete. BuyBoard = 742-24 Hardware Purchase Warranty: Perry Weather warrants that the Sold Hardware shall conform in all material respects to Perry Weather published specifications for a period of one (1) year from the date of installation, and further warrants the battery will remain operational for a period of three (3) years from the date of initial unit installation. This warranty is extended only to the original Customer and only covers failures due to defects in materials or workmanship that occur during normal operation. It does not cover basic maintenance (such as solar panel cleaning or clearing clogged rain gauges), damage caused by improper self -installation, failures that are caused by products not supplied by Perry Weather, or failures that result from accident, vandalism, misuse, tampering or abuse, mishandling, unauthorized alteration, modification or relocation, lightning or other weather events, line power surge, or "Acts of God." Perry Weather's obligation under this warranty shall be limited to exchange or replacement of any Sold Hardware or parts (excluding labor costs or installation), which may prove defective under normal use within one (1) year from date of installation, and which Perry Weather's examination shall disclose to its satisfaction to be defective. Products & Services Name (PW-006) Software Subscription - First Unit SOFTWARE: -10 Users w/ mobile app + computer dashboard - Custom alerts for heat, lightning, rain, wind, etc. - 24/7 Meteorologist support (call, text, and email) - Widget for website, TV, QR Code, etc. - Mass Notify Staff feature - Monitor each facility separately - GPS Specific alerts as you travel Qty Unit price Total 1 $3,000.00 $3,000.00/year / year for 3 years Name Qty Unit price Total (PW-007) Software Subscription -Additional 5 $1,277.11 /year $6,385.55 / yea r Units (per unit) for 3years SOFTWARE: -10 Users w/ mobile app + computer dashboard - Custom alerts for heat, lightning, rain, wind, etc. - 24/7 Meteorologist support (call, text, and email) - Widget for website, TV, QR Code, etc. - Mass Notify Staff feature - Monitor each facility separately - GPS Specific alerts as you travel (PW-009) Pack of 25 Notification -Only Users 4 $400.00 $0.00 / year Text and email alerts for up to 25 individuals /year after 100% discount for 3 years (PW-014) Outdoor Warning System (OWS) 4 $12,500.00 $42,400.00 after $7,600.00 discount OUTDOOR WARNING SYSTEM: -Automated and Manually triggered - Custom text -to -speech PA - Full Control of Active Siren Days/Times - Flashing Strobe Light - Cellular Connection (PW-014) Outdoor Warning System (OWS) - 2 $12,500.00 $21,200.00 Replace Existing Units after $3,800.00 discount Locations: Bob Jones Soccer Complex & Bob Jones Softball OUTDOOR WARNING SYSTEM: -Automated and Manually triggered - Custom text -to -speech PA - Full Control of Active Siren Days/Times - Flashing Strobe Light - Cellular Connection (PW-019) Full Service Installation, Per Unit 6 $1,600.00 $9,600.00 Subtotals Annual subtotal $9,385.55 One-time subtotal $73,200.00 Total $82,585.55 Important Notes: Customer is responsible for providing a lift or bucket truck if needed for hardware installation (if applicable). Quote does not include any applicable taxes. Tax exemption certificates may be emailed to billing@perryweather.com. Questions? Contact me Lily Baker, Account Executive lily@perryweather.com, +14693381713 Vendor Perry Weather, Inc. Contact Colin Perry Phone 469-546-5082 Email colin@perryweather.com Vendor Website www.perryweather.com TIN 46-1579205 Address Line 1 1355 Motor Circle Vendor City Dallas Vendor Zip 75207 Vendor State TX Vendor Country USA Delivery Days 10 Freight Terms FOB Destination Payment Terms Net 30 Shipping Terms Freight prepaid by vendor and added to invoice Ship Via Common Carrier Designated Dealer No EDGAR Received Yes Service -disabled Veteran Owned No Minority Owned No Women Owned No National Yes No Foreign Terrorist Orgs Yes No Israel Boycott Yes MWBE No ESCs All Texas Regions States All States Contract Name Emergency Alert and Voice Broadcast Communications Systems Contract No. 742-24 Effective 10/01 /2024 Expiration 09/30/2027 Accepts RFQs Yes 5/29/2025 1:23 PM 0 O .0 e C N O LL u IL J w o N 0 d n `O o 5 m o c o m � u � v p L c N N 8 0 U - . f4 e o N O W y p W U A LL Q N IL - ❑ O U E O 0 a p'+ C O• C O = O C O O C O O O C �• ] O O V] � � T O o .•. ro z 0 00 0 � 0 a 0 cn 0 4. 0 w 0 N 0 0 0 0 i - `��v'c p �0pc �'��d�O-�� ��7 �7n�prnG��_ CD IJ a ^.� ►hi "qf R y •'•' 0 K �`.i R K �.y V �• nZj to o Z !•' .� r.t '3 '3 tj O G O ?� v, fD CD rD R O O oft "S CD ; G' ° c fD CL eD Ty V) Vi !I ,0,� .Z O � 2 "S � CD d W n �* C O O :. p �s � �i ny� �• T T O 9� � � ro � rD "•: c A� Vi o a e m eD rD �C �CD � �� M �� M�O o + fOD COD fOD CD '�. �� O m ' O rC-. R •`_: fDD C T ft rD �1 O N A -A to V1 to A CC h CD '✓] 0 0 0 0 0 o c o A p r T O r A ri ft a N N O• � � .+ rC w• y a^ � � R 1 C R �. � C _ C U. ` 4N 1 o N N N �• � R• R � � r r � �• �_ [/1 R _ r O _, S .7 R R• R C p _T vrlrD n ✓ v ft - 2 v &s si s� tss ss css SP � � t� � sls 519 � C O Item 5A Sales Tax Report SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1/2% SALES TAX REPORT 2025 Collected Budget Balance Budget to Date Balance Percent $ 10,962,603 $ 5,764,201 ($5,198,402) -47.42% FISCAL FISCAL FISCAL YEAR % Inc YEAR % Inc YEAR % Inc MONTH 2O23 -Dec 2024 -Dec 2025 -Dec October $ 924,613 39.66% $ 835,266 -9.66% $ 913,182 9.33% November $ 923,897 67.20% $ 866,767 -6.18% $ 924,681 6.68% December $ 1,277,303 30.15% $ 1,214,389 -4.93% $ 1,300,342 7.08% January $ 784,281 22.56% $ 837,048 6.73% $ 877,502 4.83% February $ 731,863 46.83% $ 743,261 1.56% $ 749,355 0.82% March $ 935,411 6.26% $ 947,364 1.28% $ 999,139 5.47% April $ 870,350 16.15% $ 891,194 2.39% $ - -100.00% May $ 889,340 38.22% $ 846,135 -4.86% $ - -100.00% June $ 926,941 -29.64% $ 905,383 -2.33% $ - -100.00% July $ 825,615 11.84% $ 842,150 2.00% $ - -100.00% August $ 1,333,769 83.40% $ 871,326 -34.67% $ - -100.00% September $ 1,002,789 16.64% $ 861,441 -14.10% $ - -100.00% $ 11,426,173 $ 10,661,725 TOTAL $ 5,764,201 Three Year Revenue Comparison by Month $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 — $400,000 - 5200,000 V& a� 'Jr¢ 10 FISCAL YEAR 2023 FISCAL YEAR 2024 ■ FISCAL YEAR 2025 Actual Budget Actual Estimated (budget-est.) % 2024 2025 2025 2025 Difference Change MONTH October $ 835,266 $ 882,603 $ 913,182 $ 913,182 $ 30,579 4.70% November $ 866,767 $ 884,000 $ 924,681 $ 924,681 $ 40,681 7.46% December $ 1,214,389 $ 1,238,000 $ 1,300,342 $ 1,300,342 $ 62,342 6.39% January $ 837,048 $ 859,000 $ 877,502 $ 877,502 $ 18,502 2.91 % February $ 743,261 $ 764,000 $ 749,355 $ 749,355 $ (14,645) -2.98% March $ 947,364 $ 975,000 $ 999,139 $ 999,139 $ 24,139 2.84% April $ 891,194 $ 915,000 $ - $ 915,000 $ - 0.00% May $ 846,135 $ 870,000 $ - $ 870,000 $ - 0.00% June $ 905,383 $ 930,000 $ - $ 930,000 $ - 0.00% July $ 842,150 $ 865,000 $ - $ 865,000 $ - 0.00% August $ 871,326 $ 895,000 $ - $ 895,000 $ - 0.00% September $ 861,441 $ 885,000 $ $ 885,000 $ - 0.00% $ 10,661,725 $ 10,962,603 $ 5,764,201 $ 11,124,201 $ 161,598 TOTAL 2.01%