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Item 9ACITY OF SOUTHLAKE MEMORANDUM (May 1, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve Amendment No. 4 to the Engineering Agreement with Kimley -Horn and Associates, Inc. for the Kimball Avenue Improvement project in the amount of $107,900 Action Requested: Approve Amendment No. 4 to the Engineering Agreement with Kimley -Horn and Associates, Inc. for the Kimball Avenue Improvement project in the amount of $107,900 Background Information: In October 2007, Kimley -Horn and Associates, Inc. (KHA) was hired to design the North Kimball Avenue Improvement project from the intersection at State Highway 114 up to, and including, the intersection of East Dove Road. The project consists of constructing Kimball Avenue as a four lane divided arterial with curb and gutter and underground drainage systems. Also included is a design component for landscaping the medians and parkways to conform to the concepts in the Urban Design Plan. Construction of the North Kimball Avenue project began in December, 2010 and is currently on- going. The original professional services agreement (design contract) in the amount of $745,000 was approved by the City Council in October 2007. A portion of the Kimball Road project is also located in the City of Grapevine and the two cities coordinated the design of the roadway improvements so that they could be constructed in one project. The inter local agreement with the City of Grapevine for the Kimball Avenue project was approved by the City Council on November 18, 2008. As a result of the inter local agreement being approved, Contract Amendment No. 1 in the amount of $18,500 was approved by the City Manager in November, 2008 to include coordination with the City of Grapevine for the section of Kimball Avenue from Shady Lane to Dove Road. Contract Amendment No. 2, in the amount of $24,500 was approved by the City Manager for the design of the relocation of the 12 -inch water line (approximately 3000LF) from SH114 to Patterson Way. The original contract scope did not include the relocation of the 12 -inch water line due to the age and condition of the existing pipe. During preliminary design, it was determined that water line would ultimately be beneath the new northbound lanes of Kimball Avenue and relocation was necessary. Relocation of the water line to the parkway will allow for ease of future maintenance with minimal disruption to the traveling public. In May of 2009, the Carroll Independent School District conducted a successful Bond Election. Based on the outcome of that election, CISD and the City of Southlake staffs coordinated the acceleration construction of a number of projects. The bond package included the construction of a new middle school on Kirkwood Blvd. which prompted the more immediate need for completion of Kimball Avenue up to Kirkwood Blvd. by August 2011 in order to accommodate new school traffic. A large portion of Contract Amendment No. 3 addressed issues brought about by the CISD plan and schedule. Contract Amendment No. 3, in the amount of $121,500 was approved by the City Council in May, 2010 to include project phasing, bid alternates, franchise utility coordination, additional water and sanitary sewer design, and additional right of way and easement document preparation. The revised scope as outlined in Contract Amendment No. 4 includes additional construction phase services to accommodate the revised construction schedule, as well as additional design and survey services. Force Main Design - During design, the city's historical construction records for the original construction of the force main indicated that the main was clear of the proposed Kimball Avenue improvements. Therefore, no plans were developed to relocate the force main. Unfortunately, the main was found to be under the proposed southbound travel lanes and needed to be relocated outside of the proposed pavement so as not to require closing lanes of southbound Kimball Avenue should issues arise in the future. The relocation cost time and dollars not originally anticipated, but will pay dividends in years to come. Due to the potential for costly scheduling delays, staff authorized the redesign of the force main. Kimley -Horn redesigned the force main, prepared cost estimates, and coordinated with staff and the contractor throughout the design and installation of the 18" force main. Additional Survey Services and Miscellaneous Design Modification — KHA has provided support to staff during right of way and easement negotiations with property owners along Kimball Avenue. They have staked the right of way and easements for each property, revised easements, modified the design (driveways, light pole locations), and provided research information and exhibits for condemnation hearings. The level of service provided has been much greater than originally anticipated. The efforts have been included in this change order on a time and materials basis. Record Drawing Preparation — Preparation of `Record Drawings' based on information provided by the Contractor and /or the City at the completion of the project. The breakdown of costs associated with Amendment No. 4 is as follows: Services Cost Additional Construction Phase Services $ 56,700 Survey Services 14,200 Drainage Design 11,500 Utility Design 15,500 Record Drawing Preparation 10,000 Total for Amendment #4 $107,900 The proposed amendment brings the total engineering design cost for the Kimball Avenue Improvement Project from State Highway 114 to Dove Road to $1,017,400. Contract Amount Original Contract (Oct 2007) $ 745,000 Amendment No. 1 (Nov 2008) 18,500 Amendment No. 2 (Nov 2008) 24,500 Amendment No. 3 (May 2010) 121,500 Amendment No. 4 (May 2012) 107,900 Total Contract $1,017,400 The original anticipated cost of right of way acquisition was approximately $1.3 million dollars. To date, the right of way acquisition cost, including two condemnations, total $1.5 million, with 4 parcels outstanding consisting of two remaining condemnation cases (filed) and two parcels under Commissioner's Court appeal. The construction cost of the Kimball Avenue Improvement project, with change orders, is currently $10.582 million. Of this amount, approximately $1.36 million dollars will be paid by the City of Grapevine. Engineering design and surveying costs currently account for 9.6% of the total project cost. The engineering design and surveying costs also represent 14.3% of the construction cost alone. Many of the consultant fees have been associated with right of way acquisition assistance during the negotiation and condemnation process. The schedule going forward anticipates that construction will be completed in 2013. Financial Considerations: An additional $1,000,000 of General Fund dollars is anticipated to be requested in FY 2013 to complete this project. Funds for right of way acquisition and other expenditures, including Amendment No. 4, are available as a result of fund balances from projects that have been completed with excess funds remaining. Specifically, funds from the Kirkwood - Carroll Connector roadway in the amount of $264,399.20 have been reallocated to this project to allow for this amendment and other project related expenses. Strategic Link: The construction of the Kimball Avenue Improvements project links to the city's strategy map relative to the focus areas of Mobility, Infrastructure and Performance Management and Service Delivery. The specific corporate objectives that are met by the construction of this project include Providing travel convenience within the City and the region, Providing high quality customer service, and Investing to provide and maintain high quality public assets. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve the Amendment to the existing Professional Services Agreement or deny it. Supporting Documents: Location Map Kimley -Horn Amendment No. 4 Staff Recommendation: Approve Amendment No. 4 to the Engineering Agreement with Kimley -Horn and Associates, Inc. for the Kimball Avenue Improvement project in the amount of $107,900 Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer Kimley -Horn I and Associates, Inc. March 30, 2012 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. 4 N. Kimball Avenue — SH 114 to Dove KHA No, 061237001 Dear Gordon: Kimley -Horn and Associates, Inc. ( "KHA" or "Consultant) is pleased to submit this contract amendment to the agreement (the "Agreement ") between the City of Southlake ( "Client ") and Kimley -Horn and Associates, Inc, dated October 16, 2007 for the N. Kimball Avenue project for Additional Services associated with: • Construction phase services; • 18" sanitary sewer force main design and coordination; • Survey services associated with right -of -way and easement negotiations and acquisitions; • Design modifications associated with right -of -way and easement negotiations and acquisitions; • Design modifications to the N. Kimball Ave and Dove intersection; 0 Preparation of Record Drawings. This Amendment is in accordance with our discussions and both KHA and the Client ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. PROJECT UNDERSTANDING The purpose of the original Agreement was to prepare plans, specifications, right -of- way and easement documents, franchise utility coordination, bidding and construction phase services for N. Kimball Avenue from SH 114 — Dove. The project was awarded to a Contractor for construction in November 2010. Construction began in December 2010 and was anticipated to be complete by Spring 2012 (14 month duration). The original Agreement included a Construction Phase Services hourly task with an anticipated maximum budget of $30,000. The ■ Suite 275 2201 West Royal Lane Irving, Texas 75063 -3206 ■ TEL 214 420 5600 FAX 214 420 5680 Kimley -Horn Mr. Gordon Mayer, P.E., March 30, 2012, Page 2 and Associates, Inc. anticipated maximum budget was based on providing 2 hours per week for 14 months. As a result of the ongoing right -of -way and easement negotiations, acquisitions, and condemnation hearings, franchise utility relocations, contractor's schedule and phasing, and design modifications, the construction duration of N. Kimball Avenue will extend past the anticipated 14 months. In addition to the additional survey and design services, this contract modification is for the Additional Services to continue providing construction phase services and support on an as- needed hourly basis only as directed by the Client. SCOPE OF SERVICES This contract amendment is for the following Additional Services: Construction Phase Services $56,700 (hourly) • Provide hourly construction phase services in accordance with the original Agreement's Scope of Services for the remainder of the N. Kimball Avenue construction. • Hourly budget includes an estimated 4 hours per week for up to 17 months (August 2011 — December 2012). Force Main Design $14,200 (hourly) • Developed plan and profile sheets for a new 18" sanitary sewer force main (approximately 300 linear -feet) to replace an existing force main. • Developed Opinion of Probable Construction Cost and Pay Item Listing. • Coordinated with Client, Contractor, and Subcontractors throughout the design and installation of the 18" sanitary sewer force main. • Plan sheets will be incorporated into the Record Drawing plan set. Additional Survey Services $11,500 (reimbursable) • Provided additional survey services on an as- needed basis as requested by the Client to facilitate right -of -way and easement acquisition and negotiations for the Massey, Holliday, and Graham parcels. • Includes staking of the existing easements, proposed right -of -way and easements, and proposed improvements from August 2011 — December 2011 for the Patterson, Massey, Holliday, and Graham parcels. Includes revisions to Massey easement documents. Includes topographic survey of Dove (200 linear -feet) west of N. Kimball Avenue. This portion of Dove was reconstructed after the N. Kimball Avenue design was complete, and updated survey will be required to update the design of the intersection. Miscellaneous Design Modifications $15,500 (hourly) • Preparation of conceptual exhibits and aerial graphics for the Massey, Holliday, and Graham parcels for the purposes of right -of -way negotiations, acquisitions, and condemnation hearings. Kimley -Horn Mr. Gordon Mayer, P.E., March 30, 2012, Page 3 and Associates, Inc. • Modify design and plan sheets resulting from the right -of -way negotiations and acquisitions for the Massey, Holliday, and Graham parcels. Design modifications include revisions to the driveways, retaining walls, and sidewalks along N. Kimball Avenue. • Upon receiving additional survey, modify Dove intersection (as requested by the City of Grapevine) to include a southbound left -turn lane along N. Kimball north of Dove, and modify the geometry of Dove west of N. Kimball (to incorporate the recently constructed improvements). • Provide updated pay items and/or quantities. • Plan revisions will be incorporated into the Record Drawing plan set. Record Drawing Preparation $10,000 (hourly) • 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: Electronic CAD files, One (1) set of blackline (22" x 34 ") Record Drawings, One (1) set of .pdf file SCHEDULE We anticipate providing hourly services as requested by the City throughout the construction phase of the N. Kimball Ave. project until completion. FEE AND BILLING For the Additional Services set forth above, Client shall pay the Consultant on an hourly and reimbursable (for expenses) basis using the following standard rate schedule not to exceed $107,900: Senior Engineer I / Senior Professional I $220-$250 Senior Engineer 11 / Senior Professional 11 $190-$230 Engineer / Professional $145 -$190 CAD Technician $130-$145 Designer $100-$155 Analyst $125 -$150 Support Staff /Technician $60-$ 105 Effective January 1, 2.012 ❑ _ Kimley -Horn Mr. Gordon Mayer, P.E., March 30, 2012, Page 4 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, P.E. Senior Vice President GBT:lna KALAC ROADWAW61237.001\PPP\POST NTP \MOD4 02- 27- 12\MOD4 03- 30- 12.DOC Agreed to this day of , 2012 THE CITY OF SOUTHLAKE TEXAS A Municipality i (Print or type name) Title: Official Seal: Witness (Print or type name) E M" Kimlay -Horn A and Associates, Inc. Project IMorkplan Budget Client: Southlake Project: N. Kimball Ave - SH114 to Dove KHA No: 061237001 PM: Nathan Ante Number: 600 Name: Mod3 Task Mgr: P. c���5 �P oQ� aJ�tio� c o ��� Personnel: Task Descriptions: LNA MDC JMR JLP SubTtl (Hrs) Comp (Hrs) Exp ($) P4 P4 P1 N5 f CONSTRUCTION PHASE SERVICES Weekly Meetings (17 months) 146 180 RFI's 70 35 122 FORCE MAIN DESIGN Design 10 25 35 Create Plan Sheets 1 10 11 Update OPCC and Pay Item Listing 5 5 10 Coordination 14 14 QA/QC 1 2 3 ADDITIONAL SURVEY SERVICES Reimbursable - Brittain & Crawford $ 11,500 MISC DESIGN MODIFICATIONS Conceptual Exhibits Massey 5 10 15 Holliday 5 10 15 Graham 5 10 15 Design Modifications - West of Kimball Update Plan Sheets 5 2 10 17 Design Modifications - Dove Update Plan Sheets 5 20 25 Coordination 10 QAIQC 2 2 RECORD DRAWING PREPARATION 7 2 50 10 69 Subtotals: 54 2901 4 185 10 533 $ 11,500