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Item 4ECITY OF SOUTH LA KE MEMORANDUM (November 17, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve Amendment No. 1 to a Professional Services Agreement for engineering design of the Kirkwood — Carroll Connector to Kimley Horn and Associates, Inc. in the amount of $155,050. Action Requested: Approve Amendment No. 1 to a Professional Services Agreement for engineering design of the Kirkwood — Carroll Connector to Kimley Horn and Associates, Inc. in the amount of $155,050. Background Information: The city recently hired Kimley Horn and Associates to perform a traffic analysis of and recommend improvements to the thoroughfare roadway network in the area bounded by North Carroll Avenue, Dove Road, Kimball Road and State Highway 114. The purpose of the study was to model cummulative travel demand, analyze exsiting and proposed intersections in the area, to develop schematics for the extension of East Kirkwood Boulevard to Carroll Avenue and to recommend improvements to reduce traffic impacts to Highland Street. One of the short term recommendations resulting from the study is to "construct a two lane extension of Kirkwood Boulevard and modify the alignment of Highland Street to tee into Kirkwood Boulevard ". East Kirkwood Boulevard will ultimately be a 4 lane divided arterial along this corridor, in accordance with the City's Mobility and Master Thoroughfare plan. Initally, 2 lanes were constructed from North Kimball Avenue to Blessed Way by Gateway Church in accordance with their Traffic Impact Analysis that was performed prior to that development. This proposed contract amendment is for design and construction and contract administration services for the extension of East Kirkwood Boulevard (two lane section) to Caroll Avenue and for the realignment of Highland Street to tee into East Kirkwood Boulevard. The original contract was recommended by Staff and approved by the City Manager on October 14, 2009 and was for preliminary investigation services, survey services and public meeting preparations that were conducted prior to the SPIN meeting that was held regarding this project on November 9, 2009. Financial Considerations: Staff recommends funding the project design contract from the following existing CIP account: 209499 - 598801 -R0040 $ 155, 050.00 Strategic Link: The construction of the Kirkwood Boulevard extension links to the city's strategy map relative to the focus area of Mobility. The specific corporate objectives that are met by the construction of this roadway extension project include: Providing travel convenience within city and region, providing high quality customer service, and investing to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: This is an amendment to the standard professional services contract that has been previously reviewed by the City Attorney. Alternatives: The City Council may approve the amendment to the professional services agreement with Kimley Horn and Associates, Inc. or deny it. Supporting Documents: Kimley Horn and Associates, Inc. Proposal Proposed Kirkwood Extension Schematic (Interim Improvement) Future Kirkwood Extension Schematic (Ultimate Improvement) Staff Recommendation: Approve Amendment No. 1 to a Professional Services Agreement for engineering design of the Kirkwood — Carroll Connector to Kimley Horn and Associates, Inc. in the amount of $155,050. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michael James, P.E., Civil Engineer ❑�❑ Kimley -Horn and Associates, Inc. November 11, 2009 Mr. Gordon Mayer, P.E. Deputy Director of Public Works City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 Re: Contract Amendment No. 1 Kirkwood - Carroll Connector KHA No. 061237005 Dear Gordon: Kimley -Horn and Associates, Inc. ( "KHA" or "ENGINEER ") is pleased to submit this Contract Amendment to the agreement (the "Agreement ") between the City of Southlake ( "CITY ") and Kimley -Horn and Associates, Inc. dated October 14, 2009 for the Kirkwood — Carroll Connecter project. The ENGINEER has entered into the Agreement with the CITY for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by KHA and provisions for additional compensation by the CITY to the KHA, all as set forth below. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. SCOPE OF SERVICES Refer to Attachment A. SCHEDULE We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. Tasks 3 — 7 (design) are anticipated to be complete by the end of 2010, and Tasks 8, 9 (bidding and construction) are anticipated to be complete prior to the opening of the new CISD school (Fall 2011). FEE AND BILLING Refer to Attachment B. ■ Suite 275 2201 West Royal Lane Irving, Texas 75063 -3206 ■ TEL 214 420 5600 FAX 214 420 5680 V Kimley - Horn Mr. Gordon Mayer, P.E. November 11, 2009, Page 2 \ and Associates, Inc. CLOSURE Please have authorized persons execute both copies of this Agreement, retain one copy and return the other to me. We appreciate the opportunity to provide these services to you and the City of Southlake. Please do not hesitate to call if you have any questions or comments. Very truly yours, KIMLEY HORN AND ASSOCIATES, INC. G Brad Tribble, .E. Senior Vice President GBT:lna KALAC ROADWAY \061237005\PPP\CONTRACTlMODl Il- 06- 09\MODl I1- 11- 09.DOC Agreed to this day of , 2009. THE CITY OF SOUTHLAKE TEXAS A Municipality Official Seal: (Print or type name) Title: Witness (Print or type name) Attachment A Kimley -Horn and Associates, Inc. Kirkwood - Carroll Connector The original Agreement included Scope of Services for Task 1 (SURVEY) and Task 2 (CONCEPTUAL DESIGN). The following Additional Scope of Services shall be performed by the KHA: 3. Right -of -Way I Easement Instruments of Conveyance (Reimbursable, provided by subconsultant) 3.1. Prepare right -of -way instruments (narrative and graphic exhibits of right -of -way takes) and setting new property corners in the field 3.1.1 Up to ten (10) parcels 3.2. Prepare easement instruments (narrative and graphic exhibits of easements required for drainage, City utilities, temporary construction, etc.) 3.2.1 Up to ten (10) parcels 3.3. Individual parcel exhibits shall be on 8'/2 "x11" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: 3.3.1 Parcel number 3.3.2 Area required 3.3.3 Legal description 3.3.4 Current owner 3.3.5 Any existing platted easements or easements filed by separate instrument including easements provided by utility companies 3.3.6 All physical features 3.3.7 Metes and bounds description of parcel to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately. 3.4. Upon written notification by the City of acceptance of the right -of -way strip map, exhibits and instruments, and as directed by the City, the surveyor shall set all corners and points of curvature for the proposed right -of -way and submit final sealed plans and exhibits, including location of the control points and their NAD -83 reference 4. Geotechnical (Reimbursable, provided by subconsultant) 4.1. Subsurface Exploration 4.1.1 Roadway - Along the roadway alignment, drill and extrude three (3) sample borings to depths of 8' to 10' below existing grade using truck - mounted equipment. Additional depths or borings, if necessary, will be provided as Additional Services only upon written City authorization. • Check samples for consistency with a hand penetrometer • Stake the boring locations using normal taping procedures • Backfill bore holes and plug at the surface with comparable material 4.1.2 Drainage - At sag location, drill and extrude one (1) sample borings to depths of 10' to 15' below existing grade using truck - mounted equipment. Additional borings may be requested if off -site drainage improvements are required. Additional depths or borings, if necessary, will be provided as Additional Services only upon written City authorization. • Check samples for consistency with a hand penetrometer • Stake the boring locations using normal taping procedures • Backfill bore holes and plug at the surface with comparable material 4.2. Laboratory Services 4.2.1 Considering the planned facilities, anticipated soil conditions, and geology, the following laboratory tests will be required for classification purposes and to determine strength characteristics: • Moisture content and soil identification • Liquid and plastic limit determinations • Unit weight determinations • Eades and Grim lime series tests • Soluble sulfate tests (to determine lime- induced heaving potential) 4.3. Engineering Services Kirkwood - Carroll Connector Page 1 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment A 4.3.1 Prepare an engineering report presenting the following: • Sample boring location map • General soil and ground -water conditions • Recommendations for pavement subgrade stabilization type and concentration • Guidelines for Portland cement concrete pavement design. The pavement design will use a 20 -year life cycle analysis and will follow standard AASHTO design guidelines (City to provide design service life, traffic types, counts, and wheel loadings) • Earthwork recommendations 4.3.2 The geotechnical engineer's design recommendations shall be relied upon by the CONSULTANT for pavement and structural design 4.4. Submit one (1) copy of the report to the City Preliminary Design (Lump Sum) 5.1. Project Management 5.1.1 Develop project communication plan • Conduct progress meetings to monitor the development of the project. During this phase of the project, conduct up to: - Four (4) meetings with the City regarding project status and coordination issues. The first meeting being the project kick -off meeting • Coordinate with subconsultants (survey and geotechnical) • Prepare and e -mail weekly progress reports to the project team (City and KHA Staff) 5.1.2 Develop project production plan • Document design criteria chart (coordinate with City staff at the project kick -off meeting) - Design speed - Pavement design parameters - Horizontal alignment design criteria - Vertical alignment design criteria - Typical section requirements (lane, median, sidewalk, and parkway widths, etc.) - Intersection design criteria - Driveway design guidelines (commercial and residential) • Develop project schedule and interim milestones 5.1.3 Project Administration • Prepare project correspondence and invoicing documents 5.2. Project site visits (up to two (2) trips) 5.3. Roadway 5.3.1 Prepare preliminary roadway alignment and intersection geometry from Kirkwood's western -most terminus to east of Carroll including the proposed intersection of Highland and Kirkwood (2- lanes) • Prepare typical sections - Existing and proposed - Preliminary subgrade and pavement (match existing Kirkwood section) • Prepare preliminary plan and profile (roll plot format, 1 " =40' scale). Items to be included: - Control data - Existing / proposed right -of -way - Existing topography - Existing pavement - Proposed centerline alignment and horizontal curve data - Proposed face of curb - Proposed transition pavement tie -ins to existing pavement - Proposed storm sewer and culvert alignments and sizes - Proposed retaining wall locations - Existing trees to remain (if possible) Kirkwood - Carroll Connector Page 2 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment A Existing trees to be removed Existing driveway locations - Proposed driveways - Existing storm drain locations Existing water line locations Existing sanitary sewer line locations - Existing franchise utility locations (relying upon information provided by franchise utilities) Existing Ground Profile and Proposed Vertical Alignment 5.4. Drainage 5.4.1 Compile the City's existing hydrological and hydraulic data 5.4.2 Develop the project drainage area map • Determine conveyance paths, channel slopes, time of concentration, and runoff coefficients as required to calculate design -year flows • Subdivide the overall drainage areas into sub -areas and calculate the discharge at each inlet. Analyze inlet capacities and adjust inlet locations and sub -areas as needed to meet City design criteria. 5.4.3 Analyze drainage improvements required to accommodate the new roadway. Evaluate the need for any offsite drainage improvements and report to the City (the need for offsite pond improvements and improvements to Highland crossing is not anticipated). The design of any offsite drainage improvements (if required) will be considered as Additional Services. Additional Services shall be performed only upon written authorization of the City after additional engineering fee has been agreed upon. 5.4.4 Identify the need for additional drainage easements to accommodate the proposed offsite drainage improvements (if required). 5.5. Utilities 5.5.1 Public • Establish the location of existing public utilities based upon information provided by the City and field survey information • Adjustments to existing water lines and valves, meters, etc. and manholes will be specified in the plans 5.5.2 Franchise Utility Coordination • Identify franchise utility contacts • Send one set of preliminary plans (11 "x17 ") to each franchise utility for their review. Request each franchise utility to mark up the plans to show the size, type, and location of their utilities. • Notify the City if any relocations are required • Attend up to one (1) franchise utility meetings 5.6. Streetscape 5.6.1 Lighting: Extend existing roadway lighting along Kirkwood's future median ONLY to match existing lighting. • Identify spacing requirements • Prepare photometric layout 5.6.2 Hardscape (special paving and amenities) and Softscape (landscape and irrigation) can be provided as Additional Services only upon City authorization. 5.7. Compile and prepare a preliminary opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area 5.8. Preliminary design submittal 5.8.1 Submit three (3) copies to the City for review and comment (roll plot format, 1" =40' horizontal, 1 " =10' vertical). 5.8.2 Submittal shall include the following: • Preliminary roadway alignment (plan and profile) and intersection geometry • Preliminary storm sewer design (plan only, no profile) and drainage area map • Preliminary opinion of probable construction cost Kirkwood - Carroll Connector Page 3 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment A 6. Final Design (Lump Sum) 6.1. Project Management 6.1.1 Project Communication • Conduct progress meetings to monitor the development of the project. During this phase of the project, conduct up to: - Three (3) project meetings with the City - One (1) City Council meetings and one (1) SPIN meetings • Prepare and e -mail weekly progress reports to the project team (City and KHA Staff) 6.1.2 Project Administration • Prepare project correspondence and invoicing documents 6.2. Project site visits (up to two (2) trips) 6.3. Roadway 6.3.1 Incorporate the preliminary design submittal review comments 6.3.2 Prepare plan / profile sheets (22 "x34" plan sheets at a scale of 1 " =20' horizontal, and 1 " =5' vertical). • Include the following items in addition to those included in the preliminary design submittal: - Proposed easement locations (if any) - Proposed sidewalk locations - Barrier free ramps - Retaining wall (if applicable) design can be provided on a Reimbursable basis per Task 7 6.3.3 Analyze all driveways within the project and develop driveway profiles as needed. Typically driveways will be defined vertically by spot elevations or profiles. 6.3.4 For side street reconstruction more than 100' beyond the project right -of -way, prepare a plan / profile of the side street improvements. Otherwise, the side street improvements will be defined vertically by spot elevations or profiles. 6.3.5 Develop design cross - sections • Develop on 50' station intervals and at side street and driveway centerlines • Show pavement and subgrade, right -of -way limits, side slopes, pavement cross slopes, curbs, sidewalks, and retaining walls (if applicable) • Cross - sections will be provided in the bid documents 6.3.6 In locations where the elevation difference between the roadway and adjacent property warrants, provide design details necessary to construct concrete retaining walls with rock veneer. 6.3.7 Prepare roadway details to clarify intent of design 6.3.8 Compile applicable City standard details. Modify standard details as needed. 6.4. Drainage 6.4.1 Incorporate the preliminary design submittal review comments 6.4.2 Perform final storm sewer sizing and alignment design. Prepare final inlet design sheets and hydraulic design sheets for inclusion in the plans 6.4.3 Prepare storm sewer plan / profile sheets depicting storm sewer lines, inlets, junction boxes, connections, manholes, utility crossings, and the hydraulic grade lines 6.4.4 Prepare profiles for the proposed storm drain laterals 6.4.5 Determine outfall grading requirements and provide plans and details for channel grading. 6.4.6 Design of channel armoring or offsite detention pond improvements (if required) (beyond specification of material /method) will be provided as Additional Services only upon City written authorization 6.4.7 Provide plan sheets and details to construct storm sewer outfalls 6.4.8 Prepare drainage details to clarify intent of design. Compile applicable City standard details. Modify standard details as needed 6.4.9 Prepare details for connections to existing system (where applicable) Kirkwood - Carroll Connector Page 4 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment A 6.4.10 Prepare erosion control plan. Incorporate Best Management Practices (BMPs) from NPDES Phase II initiative. Coordinate water quality elements with traffic control during construction stages 6.4.11 Compile Storm Water Pollution Prevention Plan (SWPPP) to meet NPDES Phase II requirements 6.5. Utilities 6.5.1 Public • Minor adjustments to existing water lines and valves, meters, etc. and manholes, etc will be specified in the plans • Preliminary plan of a new 12" water line from its current terminus along Kirkwood to east of Carroll (approximate 2,400 -If) can be provided as Additional Services only upon City authorization. 6.5.2 Franchise Utility Coordination • Submit one set of 90% and final design plans and the project schedule to each affected franchise utility for their review and comment • Upon receipt of franchise utility relocation plans, prepare utility layout sheets (1" =50', plan ONLY) • The City shall perform the coordination with the franchise utilities if any relocations are required 6.5.3 Prepare utility details to clarify intent of design 6.5.4 Compile applicable City standard details. Modify standard details as needed. 6.6. Streetscape 6.6.1 Incorporate the preliminary design submittal review comments • Street Lighting — Prepare layout plans showing locations and details for light pole foundations and electrical wiring conduit. Electric provider will provide electric design. — Provide technical specifications for street lighting — Coordination with Oncor /Tri- County concerning power source location and connection and electric design. Provider will provide electric design. 6.7. Traffic 6.7.1 Pavement Markers and Marking Plans • Prepare pavement markers and marking layouts in accordance with City design standards and the Texas Manual of Uniform Traffic Control Devices (TMUTCD) • Prepare details to clarify intent of design Attachment A - Standard construction contract - Performance bond - Payment bond - Maintenance bond - Certificate of insurance - General conditions - Special provisions - Technical specifications • Opinion of probable construction cost • Provide a completed application for the City to submit to the Texas Department of Licensing and Regulation (along with one of the plan sets) for review in accordance with to the Elimination of Architectural Barriers Act. The application fees will be paid directly by the City. 6.12. Incorporate the final design submittal review comments 6.13. Prepare the final opinion of probable construction cost 6.14. Final design submittal (As -bid) 6.14.1 Submit three (3) full -size and three (3) half -size sets of plans to the City. Submit six (6) sets of specification books to the City. 6.14.2 Submit electronic CAD files 6.14.3 Submit the final opinion of probable construction cost 6.14.4 Submit a letter of notification to the City stating completion of the design of the project 7. Retaining Wall Design (Reimbursable) 7.1. The need for retaining walls will be determined during Preliminary Design. Retaining Wall Design will be provided on a Reimbursable basis, if applicable. 8. Bidding Phase ( Reimbusable) 8.1. Final bid documents 8.1.1 Print sets for bidder distribution. A non - refundable deposit will be collected from planholders to pay for printing costs. 8.1.2 Prepare bid documents for electronic distribution on the City's website 8.1.3 Furnishing additional copies of review documents and /or bid documents in excess of the number of the same identified above will be considered as Additional Services 8.2. Issue bid documents to prospective bidders 8.3. Maintain a list of bidders to whom bidding documents have been issued 8.4. Prepare for and conduct a pre -bid meeting with prospective bidders 8.5. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents 8.6. Attend the Bid Opening 8.7. Tabulate the bids received and evaluate the compliance of the bids received with the bidding documents 8.8. Prepare a written summary of this tabulation and evaluation together with a letter addressing the award of the construction contract 9. Construction Contract Administration (Reimbursable) 9.1. Project Management 9.1.1 Project Communication • Conduct progress /coordination meetings with the City and /or Contractor during the Construction phase of the project. 9.1.2 Project Administration • Prepare project correspondence and invoice documents. 9.2. Pre - Construction Conference. Prepare for and conduct the Pre - Construction Conference prior to commencement of Work at the Site. 9.3. Visits to Site and Observation of Construction. Provide on -site construction observation services during the construction phase of the subject project. Observations will vary depending on the type of work being performed by the contractors, the location, and the contractors' schedules. Make Kirkwood - Carroll Connector Page 6 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment A visits to the Site at intervals as directed by City in order to observe the progress of the Work. Such visits and observations by KHA 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 KHA's exercise of professional judgment. Based on information obtained during such visits and such observations, KHA will determine if Contractor's work is generally proceeding in accordance with the Contract Documents, and KHA shall keep City informed of the general progress of the Work. 9.3.1 The purpose of KHA's visits to the site will be to enable KHA to better carry out the duties and responsibilities assigned in this Agreement to KHA during the construction phase by City, and, in addition, by the exercise of KHA's efforts, to provide City a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. KHA 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 KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, KHA 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. 9.4. Recommendations with Respect to Defective Work. Recommend to City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, KHA believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 9.5. Clarifications and Interpretations. Issue clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by City. 9.6. Change Orders. Recommend Change Orders to City, as appropriate. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. 9.7. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 9.8. Substitutes and "or- equal." 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. 9.9. Inspections and Tests. Require such special inspections or tests of Contractor's work as KHA deems appropriate, and receive and review certificates of inspections within KHA's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. KHA's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. KHA shall be entitled to rely on the results of such tests and the facts being certified. 9.10. Disagreements between City and Contractor. As necessary, render written decision on all claims of City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, KHA shall be fair and not show partiality to City or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. Kirkwood - Carroll Connector Page 7 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment A 9.11. Applications for Payment. Based on KHA's observations and on review of applications for payment and accompanying supporting documentation: Determine the amounts that KHA recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute KHA's representation to City, based on such observations and review, that, to the best of KHA's knowledge, information and belief, Contractor's work has progressed to the point indicated, such work -in- progress is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled insofar as it is KHA's responsibility to so determine. In the case of unit price work, KHA's recommendations of payment will include final determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. 9.11.1 By recommending any payment, KHA shall not thereby be deemed to have represented that observations made by KHA to check Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to KHA in this Agreement. Neither KHA's review of Contractor's work for the purposes of recommending payments nor KHA's recommendation of any payment including final payment will impose on KHA responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, equipment choice and usage, sequences, or procedures of construction of safety precautions or programs incident thereto, nor Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on KHA to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to City free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between City and Contractor that might affect the amount that should be paid. 9.12. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with City and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of City, KHA considers the Work substantially complete, KHA shall notify City and Contractor. 9.13. Final Notice of Acceptability of the Work. Conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that KHA may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, KHA shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of KHA's knowledge, information, and belief and based on the extent of the services provided by KHA under this Agreement and based upon information provided to KHA upon which it is entitled to rely. 9.14. Limitation of Responsibilities. KHA shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. KHA shall not have the authority or responsibility to stop the work of any Contractor. 9.15. Record Drawings. Prepare project "Record Drawings" based on information provided by the Contractor and /or City as to the actual field placement of the work including any changes or deletions. KHA is not responsible for the accuracy of the information provided by the Contractor and /or the City. KHA will provide the following deliverables: 9.15.1 Electronic CAD files 9.15.2 One (1) set of blackline (22" x 34 ") Record Drawings 9.15.3 One (1) set of .pdf file Record Drawings (each sheet will be a separate .pdf file) Kirkwood - Carroll Connector Page 8 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment A 10. Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Such services shall include, but are not limited to, the following: 10.1. Aerial Photography 10.2. SUE Services. City will pothole utilities as needed. 10.3. Traffic Volume Counts 10.4. Public Involvement (website support, Newsletters, etc) 10.5. Environmental Services 10.6. Coordination with the USACE, TCEQ, and other applicable agencies regarding environmental permitting 10.7. Threatened and Endangered Species Surveys 10.8. Tree Surveys beyond the surveys identified in the scope 10.9. Franchise Utility Coordination beyond the coordination identified in the scope 10.10. Traffic Signal Design 10.11. Water and /or Sewer Design 10.12. Warrant Studies 10.13. Traffic Control Plans 10.14. Irrigation Design 10.15. Construction Staking 10.16. CLOMR /LOMR Preparation 10.17. Design of any offsite drainage improvements beyond the improvements identified in the scope 10.18. Furnish additional copies of review documents and /or bid documents in excess of the number of the same identified above 10.19. Assist the City as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies 10.20. Redesign to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City's acceptance of substitutions proposed by the contractor End of Scope of Services Kirkwood - Carroll Connector Page 9 of 9 Engineering Scope - Contract Amendment No. 1 November 11, 2009 Attachment B Kimley -Horn and Associates, Inc. Kirkwood - Carroll Connector The compensation to the KHA for the Additional Services set forth above will be as follows: • Task 3 - Right -of -Way / Easement Instruments of Conveyance: $16,500 (Reimbursable) • Task 4 - Geotechnical: $ 7,150 (Reimbursable) • Task 5 - Preliminary Design: $25,100 (Lump Sum) • Task 6 - Final Design: $76,100 (Lump Sum) • Task 7 - Retaining Wall Design: $ 7,200 (Reimbursable) • Task 8 - Bidding Phase: $10,100 (Reimbursable) • Task 9 - Construction Contract Administration: $12,900 (Reimbursable) KHA will perform the Scope of Services in Tasks 3, 4, 7, 8, and 9 on a labor fee plus expense (reimbursable) basis according to the rate schedule below, which is subject to annual adjustment, not to exceed $53,850. KHA will perform the Scope of Services in Tasks 4 and 5 for a lump sum labor fee of $101,200. For all tasks, direct reimbursable expenses such as express delivery services, air travel, and other direct expenses will be billed at 1.10 times cost. An amount will be added to each invoice to cover certain other expenses such as in -house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. All permitting, application, and similar project fees will be paid directly by the Client. Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed or actual services performed and expenses incurred as of the invoice date. Payment will be due within 25 days of your receipt of the invoice. Kimley -Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Engineer I / Senior Professional I Senior Engineer II / Senior Professional 11 Engineer / Professional CAD Technician Designer Analyst Support Staff /Technician $220-$250 $190-$230 $145-$190 $130-$145 $100-$155 $125-$150 $60 -$105 Effective January 1, 2009 Kirkwood - Carroll Connector Fee Summary and Billing - Contract Amendment No. 1 Page 1 of 1 November 11, 2009 NOUD2SIGINI aimiin HIM S3NVI Hi'dON:Z NOIldO 'aul 'RaiRlaossv PUR Aq , A. uiq UW: NOII33NNOO ONVIHVIH I (IOOAANIII)i l(q sill 4a z lov Iw o- N MI "L:i* I - Sy I r w 017, wuursaw uH 1' .1, 'ouI'selumssyPLM '"a o"Q ©212 N01133NNOo aNVIHDIH 1000AUUN Aq P-wQ Ol ,Y T J 1 tk cry Ao li M1 J ^r