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Item 4F (2)CITY OF SOUTHLAKE MEMORANDUM August 28, 2012 To: Shana Yelverton, City Manager From: Ken Baker, Director of Planning and Development Services Subject: Approve amendment No. 1 for engineering services agreement with Kimley Horn and Associates, Inc. for the 2030 Mobility Plan in the amount of $3,500. Action Requested: Approve Amendment No. 1 to the for engineering services agreement with Kimley Horn and Associates, Inc. for the 2030 Mobility Plan in the amount of $3,500. Background Information: The purpose of this item is to approve an amendment to the Kimley Horn and Associates, Inc. engineering services contract agreement to provide additional services related to the development of the Southlake 2030 Mobility Plan. The current Kimley Horn and Associates, Inc. contact is for services related to intersection, bicycle facilities, and crosswalk analysis. The total for the current services is $48,000. The amendment will allow analysis and development of the typical roadway cross sections for the city's arterial and collector streets and the preparation of new roadway cross sections if needed. The cost of the additional work will be $3,500. The amendment must be authorized by City Council as the agreement will now exceed $50,000 (Contract amounts over $50,000 require City Council approval). The amendment will bring the total contact to $51,500 which is below the FY 2012 budgeted amount for this project ($60,000). Financial Considerations: Funds for the Amendment No. 1 are included in the FY 2012 budget. Strategic Link: This request is linked to the City Council's Mobility Focus Area. The request also addresses the corporate objective of "Providing travel and convenience within the City and region ". Citizen Inputf Board Review: Not Applicable City of Southlake Values: Integrity ♦ Innovation 1 Accountability 1 Commitment to Excellence 1 Teamwork Memo to Shana Yelverton, City Manager Meeting Date —August 28, 2012 Page 2 of 2 Legal Review: Not Applicable Alternatives: City Council may approve the amendment to the existing engineering service agreement or deny. Supporting Documents: Copies of the original contract and the amended scope of services. Recommendation: Approve amendment as presented. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence 1 Teamwork AMENDMENT AGREEMENT The Agreement for Engineering Services dated the 7th day of June, 2012, entered into between Kimley Horn and Associates, Inc. Corporation as Engineer and City of Southlake, Texas as City [Owner], for good and valuable consideration including the promises and agreements set forth hereafter is hereby amended, modified, and revised as follows: 1. Whereas the CITY contemplates the need to make improvements to S. Carroll Avenue, develop a Bicycle Master Plan, and develop pedestrian crosswalk standards and evaluation criteria. This project is to be known as the Mobility Plan and herein after referred to as the "Project ". 2. In accordance with V. Article Additional Engineering Services, City agrees to compensate Engineer for additional services requested by the City. 3. III. Article Compensation for Engineering Services is hereby amended so that the hourly basis plus expenses is increased by $3,500 to an amount not to exceed $51,500 to allow for the evaluation of Master Thoroughfare Plan typical roadway cross - sections and preparation of new cross - sections where applicable . 4. I. Article Engineering Services Attachment I. - Scope of Work is hereby amended to include the services listed in #3 of this agreement . All other terms and conditions of said original agreement identified hereinabove that are not expressly amended, modified, and or revised by this Amendment Agreement, shall remain unchanged and in full force and effect. The undersigned being the authorized representatives of the contracting parties identified herein, have executed this Amendment Agreement to make it binding upon the parties hereto effective this day of 20 City of Southlake By: John Terrell, Mayor By: E. Allen Taylor, Jr., City Attorney Attest: Alicia Richardson, City Secretary Engineer: Kimsey Horn and Associates, Inc. By: Jeff James, Senior Vice President The ENGINEER will perform the following Scope of Services: Task 1 — S. Carroll Avenue Evaluation The purpose of this analysis is to (1) determine the lane and intersection control requirements along S. Carroll Avenue from FM 1709 to Westmont Drive, (2) determine if S. Carroll Avenue should remain a 4- lane divided roadway on the City's Master Thoroughfare Plan, and (3) identify the future median openings along S. Carroll Avenue from FM 1709 to Old Carroll Drive. 1.1. Data Collection The ENGINEER will gather or collect the following information: • Recently completed traffic studies, trip generation data, and projected land use data for the surrounding undeveloped properties. • Current peak hour turning movement counts for FM 1709 and Carroll Avenue completed by the ENGINEER as part of the ongoing FM 1709 Traffic Signal Retiming project. • AM and PM peak hour turning movement counts along S. Carroll Avenue at the three (3) existing Shops of Southlake driveways. • 24 -hour directional machine counts along S. Carroll Avenue just north of Westmont Drive and between the two (2) northernmost Shops of Southlake driveways. • Current high quality digital orthophotos from the City. • Current site plans and parcel data for the proposed undeveloped properties along the west side of S. Carroll Avenue. + Perform in -field verification of the existing roadway network and intersection characteristics in the study area and observe traffic operations during the AM and PM peak traffic periods. 1.2. S. Carroll Avenue Operational Analysis Based on the data collected during Task 1.1, the ENGINEER will perform an operational analysis to determine the lane requirements along S. Carroll Avenue corridor south of FM 1709. Analyses will be conducted for the existing and future AM and PM peak hours. Future traffic conditions will be estimated using existing traffic counts and traffic patterns, the ENGINEER's current travel demand model, and trip generation estimates for the undeveloped properties located along the west side of S. Carroll Avenue. Performance measures (e.g., including delay, queue lengths, and level of service) will be provided. 1.3. S. Carroll Avenue Improvements Based on results and recommendations of Task 1.2, the ENGINEER will prepare a roadway schematic (11" x 17 ") for S. Carroll Avenue from FM 1709 to Old Carroll Drive. The proposed schematics will evaluate the following: • Left -turn storage requirements for the NB approach to FM 1709; • Opportunities to provide full and partial median openings; and 1.4. The need for left and right -turn lanes at intersections and access drives. Technical Memorandum The ENGINEER will prepare and submit a draft technical memorandum documenting the results of the operational analysis and recommendations on required cross section, intersection geometry, and access along the corridor. The ENGINEER will incorporate one round of review comments and submit a final technical memorandum to the City. 1.5. Meetings The ENGINEER will attend one (1) meeting with City staff to discuss the results of the operational analysis and the proposed roadway schematic. Task 2 — Bicycle Master Plan The purpose of this task is to develop a Bicycle Master Plan with recommendations on how to improve the cycling environment throughout the City. 2.1. Collection of Data The City will provide the ENGINEER with available GIS shape files, associated databases, and layer files in ESRI ArcGIS 9.x format. The ENGINEER will rely on the accuracy of the files received from the City for the development of project deliverables. Data should consist of the following: • Public roads within the City; • Transportation Plan; • Trails (proposed and existing); • Traffic signals; • Major activity centers; • City properties; • FEMA flood plains; • Existing Land Use; • Available traffic counts (if available in GIS); • Transit routes; and • Parks; • Public buildings; • Schools; • Most recent high resolution aerial photography of the City. 2.2. Determination of Study Area Roadways The ENGINEER and the City will determine the roadways within the City to be evaluated. It is anticipated that the inventory will consist of the roadways identified on the City's Thoroughfare Plan plus additional collector and strategic local facilities. 2.3. Field Data Collection The ENGINEER will prepare for and attend a two -day field visit and data gathering visit to the City. The purpose of the field visit is to collect data needed for the development of the bicycle network and recommended bicycle facility types. The data will be collected using field inventory forms and transcribed into a GIS format. This data collection will consist of the following: • Roadway pavement width; • Roadway pavement quality; • Roadway lane widths; • Presence of on- street parking; • Posted speed; • In -field facility recommendation; and • In -field facility recommended action. 2.4. Bicycle System Master Plan Map Based on the results of Tasks 3.1— 3.3, the ENGINEER will complete a master plan network with facility recommendations. Recommended bicycle facilities and actions will be integrated into a GIS database and will be displayed on GIS maps. Bicycle infrastructure recommendations in the Bicycle System Master Plan Map may consist of, but are not limited to: • On- street dedicated bicycle lanes; • On- street shared narrow lanes (where "Bikes May Use Full Lane "); • On- street shared wide lanes (where cars and bikes ride side -by- side); • On- street signed bicycle routes; • On- street dedicated cycle tracks (if applicable); • On- street bicycle boulevards (if applicable); • Consideration for wider sidewalks; • Off- street side paths to increase connectivity of on- street and off - street system; and • Identification of spot locations where specific improvements are needed to address barriers and create a connected system. The design of solutions for barriers is not included in this scope of services. Best practices will be illustrated for addressing barriers. The ENGINEER will prepare and submit a bicycle system map that shows recommended facility and action. The ENGINEER will incorporate one round of review comments and submit a final bicycle system map to the City. 2.5. Bicycle Master Plan Document The ENGINEER will develop a draft Bicycle Master Plan that is anticipated to consist of the following chapters: • Introduction /overview; • Existing conditions analysis; • Methodology; • Recommended bicycle network; and • Best Practices. The ENGINEER will incorporate one round of review comments and submit a final Bicycle Master Plan document to the City. 2.6. Meetings The ENGINEER will attend up to (2) meetings with City staff to discuss the draft Bicycle Master Plan. Task 3 — Pedestrian Crosswalk Evaluation Criteria and Standard Design Details The purpose of this task is to provide the City with a pedestrian crosswalk evaluation criteria and standard design details that can be used to evaluate and implement crosswalks throughout the City. 3.1. Develop Evaluation Criteria The ENGINEER will research best practices and current guidelines for the evaluation and installation of pedestrian crossing treatments at unsignalized intersections and midblock crossings. The ENGINEER will prepare a technical memorandum summarizing the proposed evaluation criteria. The ENGINEER will incorporate one round of review comments and submit a technical memorandum to the City. This task does not include the evaluation of any existing pedestrian crossings throughout the City. If requested by the City, evaluation of existing pedestrian crossings will be considered Additional Services. 3.2. Prepare Pedestrian Crosswalk Installation Design Details The ENGINEER will prepare pedestrian crosswalk installation details (11" x 17 ") for various pedestrian crossing treatments by facility type. The proposed details will vary based on the following: • Facility Type - TxDOT High Volume - School Crossing - Unsignalized Intersection - Mid -Block • Crosswalk Treatment - Standard — encompasses standard markings and pedestrian crossing signs. - Enhanced — improved visibility through the use of constant warning signs, markings, or beacons. - Active — includes devices designed to display a warning only when pedestrians are present or crossing the street. - Red or Traffic Signal — includes devices that display a circular red indication to motorists OR the installation of a traffic signal. 3.3. Meetings The ENGINEER will attend one (1) meeting with City staff to discuss the proposed evaluation criteria and standard design details. Task 4 — Prepare Master Thoroughfare Plan Map Typical Roadway Cross Sections The ENGINEER will evaluate of Master Thoroughfare Plan typical roadway cross - sections and prepare new cross - sections where applicable . Task 5 — Southlake 2030 Plan Meetings The ENGINEER will attend up to three (3) Southlake 2030 Plan meetings with either the Mobility Plan Committee, the City Council, and /or Planning and Zoning Commission. SOUTHLAKE MOBILTY PLAN — FEE SUMMARY Basis Services Tasks (Lump Sum) Task 1 —S. Carroll Avenue Evaluation Task 2 — Bicycle Master Plan $15,000 $20,000 Task 3 — Pedestrian Crosswalk Evaluation Criteria and Design Details $10,000 Task 4 - Prepare Master Thoroughfare Plan Typical Roadway Cross Sections $3,500 Task 5 — Southlake 2030 Plan Meetings $3,000 TOTAL $51,500 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this `7 day of 3 L , 20 and between the City of Southlake, Texas (hereinafter referred to as "CITY "), and Kimley= Hom and Associates. Inc. (hereinafter referred to as "ENGINEER "). WHEREAS, CITY contemplates the need to make improvements to S. Carroll Avenue, develop a Bicycle Master Plan, and develop pedestrian crosswalk standards and evaluation criteria. This project is to be known as the Mobility Plan and hereinafter referred to- as- the- ".Projeet7. _ WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary engineering work upon which the Project is based and is willing and able to work with CITY staff to organize and coordinate the professional services necessary to complete the Project. NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments on the dates and in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment I which is attached hereto and incorporated by reference as if fully set forth herein. ' L ARTICLE ENGINEERING SERVICES A. Scope of Work ENGINEER will provide the supervision, direction, personnel and equipment to perform the engineering Services outlined in Attachment 1 in accordance with the terms set forth in this Agreement and in Attachment I. B. Definitions. Services refers to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes. CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and/or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. Page f D. Coordination with Owner. The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY's possession relative to existing facilities and to the Project. E. Site and Local Conditions. ENGINEER has the right to examine the site -in order to become acquainted with local .. conditions - .and -- accepts -- conditions -at the site unless otherwise noted - - in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER's employees will be made with CITY. F. Assignment and Subcontractors/Third Party Rights. The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior consent of CITY. G. Independent Contractor. ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. H. Disclosure. By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. f=inally, 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. Page 2 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 an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGIN EER's.- professional -services or in -the -conduct or preparation of the subsurface - investigations, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by CITY signifies the CITY's approval of only the general design concept of the Improvements to be constructed. J. Indemnification. ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. 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, 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. 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 Page 3 of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. II. ARTICLE CITY'S RESPONSIBILITIES CITY will: 1. Provide full information as to CITY's requirements for the Project; 2. - -- Assist- ENGINEER by- placing -at ENGINEER's disposal - all- information-in CITY's control or knowledge which is pertinent to the Project, including executed right-of-way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; a. 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. S. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. 10. Provide any other information or assistance as outlined in Attachment 'I hereto. Page 4 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 a lump sum fee (as outlined in Attachment 1) of $ 48.000.00 as billed monthly by ENGINEER based on the current percent complete_ IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for costs incurred in accordance with the work performed provided the limits set out in Article III hereof have not been exceeded. 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. Remittances shall be made to ENGINEER's office at IGmley- -Ham and Associates, Inc.. 801 Cher Street Unit 11 Suite 850 Fort Worth Texas 78102 Attn: C. Brian Shamburaer, P.E., PTOE If CITY fails to make payment due ENGINEER within thirty (30) clays 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 (see Attachment 1) as determined by the actual costs incurred and by actual time expended, such services to be one or more of the following: 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. Other services agreed to by the parties in writing attached hereto as Attachment II and incorporated herein. Page 5 VI. ARTICLE STANDARD OF CARE In performing its professional services, the ENGINEER will use that degree of care and shill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same .locality at the time the services are provided. No warranty, express or implied, is made or intended by the ENGINEER's undertaking herein or its performance of services, and it is agreed that the ENGINEER is not a fiduciary with respect to the CITY. 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. Vlll. ARTICLE TERMINATION The CITY may terminate this Agreement at any time for convenience or for any cause upon ten (10) days written notice to the ENGINEER. 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 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. Page 6 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 - $1,000,000 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 upon execution of this Agreement. 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 notify CITY within ten (10) days of any cancellation, modification or alteration in its Workers Compensation, Comprehensive General Liability, Comprehensive Automobile Liability Insurance. 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. XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed within four 4 months following notice to vroceed exclusive of CITY review time. 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 Page 7 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 Ken Baker Planning Director City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817 - 7488400 Fax: 817- 748 -8010 If to ENGINEER: C. Brian Shamburger, P.E., PTOE Kimley -Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 950 Fort Worth, Texas 76102 Phone: (817) 335 -6511 Fax: (817) 335 -5070 All notice shall be effective upon the date of receipt. Page 8 XIII. ARTICLE SEVERABILITY In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. - - - - XIV. ARTICLE ._ .... VENUE -LAIN Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to a executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE: r , � rShM - - [ . - ATTEST: °SIN I I I f b 1 E ,, ry�o 5 ► ° M City Secretary v ; KIMLEY HORN AND ASSOCIATES, By: dl�L- -- Jeff J enior Vice President Page 9 THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared 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 i strument and that he/she is the duly authorized S� YL'r R T_ of �MDK— ANC, , 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 `') day of A.D. {SEA Notary Public, State of Texas La\LM �,,,T Pb JENNIFER JOHNSON Notary Public, State of Texas Notary s Name Printed My Commission Expires [IM . WIRMURNG; February 26, 2014 Page 10 ATTACHMENT 1 SCOPE OF WORK The ENGINEER will perform the following Scope of Services: Task 1 -- S. Carroll Avenue Evaluation The purpose of this analysis is to (1) determine the lane and intersection control requirements along S. Carroll Avenue from FM 1709 to Westmont Drive, (2) determine if S. Carroll Avenue should remain a 4- lane divided roadway on the City's Master Thoroughfare Plan, and (3) identify the future median openings -along S.- Carroll Avenue from -FM 1709 to Old Carroll Drive. - 1.1. Data Collection The ENGINEER will gather or collect the following information: Recently completed traffic studies, trip generation data, and projected land use data for the surrounding undeveloped properties. • Current peak hour turning movement counts for FM 1709 and Carroll Avenue completed by the ENGINEER as part of the ongoing FM 1709 Traffic Signal Retuning project. • AM and PM peak hour turning movement counts along S. Carroll Avenue at the three (3) existing Shops of Southlake driveways. • 24 -hour directional machine counts along S. Carroll Avenue just north of Westmont Drive and between the two (2) northernmost Shops of Southlake driveways. • Current high quality digital orthophotos from the City. • ' Current site plans and parcel data for the proposed undeveloped properties along the west side of S. Carroll Avenue. • Perform in -field verification of the existing roadway network and intersection characteristics in the study area and observe traffic operations during the AM and PM peak traffic periods. 1.2. S. Carroll Avenge Operational Analysis Based on the data collected during Task 1. 1, the ENGINEER will perform an operational analysis to determine the lane requirements along S. Carroll Avenue corridor south of FM 1709. Analyses will be conducted for the existing and fixture AM and PM peak hours. Future traffic conditions will be estimated using existing traffic counts and traffic patterns, the ENGINEER's current travel demand model, and trip generation estimates for the undeveloped properties located along the west side of S. Carroll Avenue. Performance measures (e.g., including delay, queue lengths, and level of service) will be provided. 1.3. S. Carroll Avenue Improvements Based on results and recommendations of Task 1.2, the ENGINEER will prepare a roadway schematic (1I" x IT) for S. Carroll Avenue from FM 1709 to Old Carroll Drive. The proposed schematics will evaluate the following: • Left turn storage requirements for the NB approach to FM 1709; • Opportunities to provide full and partial median openings; and • The need for left and right -turn lanes at intersections and access drives. April 19, 2012 Page 1 ATTACHMENT I SCOPE OF WORK 1.4. Technical Memorandum The ENGINEER will prepare and submit a draft technical memorandum documenting the results of the operational analysis and recommendations on required cross section, intersection geometry, and access along the corridor. The ENGINEER will incorporate one round of review comments and submit a final technical . memorandum to- the City. -- 1.5. Meetings The ENGINEER will attend one (1) meeting with City staff to discuss the results of the operational analysis and the proposed roadway schematic. Task 2 — Bicycle Master Plan The purpose of this task is to develop a Bicycle Master Plan with recommendations on how to improve the cycling environment throughout the City, 2.1. Collection of Data The City will provide the ENGINEER with available GIS shape files, associated databases, and layer files in ESRI ArcGIS 9.x format. The ENGINEER will rely on the accuracy of the files received from the City for the development of project deliverables. Data should consist of the following: • Public roads within the City; • Transportation Plan; • Trails (proposed and existing); • Traffic signals; • Major activity centers; • Parks; • Public buildings; • Schools; • City properties; • PEMA flood plains; • Existing Land Use; • Available traffic counts (if available in GIS); • Transit routes; and • Most recent higb resolution aerial photography of the City. 2.2. Determination of Study Area Roadways The ENGINEER and the City will determine the roadways within the City to be evaluated. It is anticipated that the inventory will consist of the roadways identified on the City's Thoroughfare Plan plus additional collector and strategic local facilities. 2.3. Field Data Collection The ENGINEER will prepare for and attend a two -clay field visit and data gathering visit to the City. The purpose of the field visit is to collect data needed for the development of the bicycle network and recommended bicycle facility types. The data will be collected using field inventory forms and transcribed into a GIS format. April 19, 2012 Page 2 ATTACHMENT 1 SCOPE OF WORK This data collection will consist of the following. • Roadway pavement width; • Roadway pavement quality; • Roadway lane widths; • Presence of on- street parking; + Posted speed; • -' hi- aca recommendation; and • In -field facility recommended action. 2.4. Bicycle System Master Plan Map Based on the results of Tasks 3.1— 3.3, the ENGINEER will complete a master plan network with facility recommendations. Recommended bicycle facilities and actions will be integrated into a GIS database and will be displayed on GIS maps. Bicycle infrastructure recommendations in the Bicycle System Master Plan Map may consist of, but are not limited to, • On- street dedicated bicycle lanes; • On- street shared narrow lanes (where `Bikes May Use Full Lane "); + On- street shared wide lanes (where cars and bikes ride side -by- side); • On -street signed bicycle routes; • On- street dedicated cycle tracks (if applicable); + On- street bicycle boulevards (if applicable); • Consideration for wider sidewalks; • Off-street side paths to increase connectivity of on -street and off-street system; and • Identification of spot locations where specific improvements are needed to address barriers and create a connected system. The design of solutions for barriers is not included in this scope of services. Best practices will be illustrated for addressing barriers. The ENGINEER will prepare and submit a bicycle system map that shows recommended facility and action. The ENGINEER will incorporate one round of review comments and submit a final bicycle system map to the City. 2.5. Bicycle Master Plan Document The ENGINEER will develop a draft Bicycle Master Plan that is anticipated to consist of the following chapters: • J.ntroductionloverview; • Existing conditions analysis; • Methodology; • Recommended bicycle network; and • Best Practices. April 19, 2012 Page 3 ATTACHMENT 1 SCOPE OF WORD The ENGUS EER will incorporate one round of review comments and submit a final Bicycle Master Plan document to the City. 2.6. Meetings The ENGINEER will attend up to (2) meetings with City staff to discuss the draft Bicycle Master Plan. Task 3 — Pedestrian Crosswalk Evaluation Criteria and Standard Design Details The purpose of this task is to provide the City with a pedestrian crosswalk evaluation criteria and standard design details that can be used to evaluate and implement crosswalks throughout the City, 3.1. Develop Evaluation Criteria The ENGINEER will research best practices and current guidelines for the evaluation and installation of pedestrian crossing treatments at unsignalized intersections and midblock crossings. The ENGINEER will prepare a technical memorandum summarizing the proposed evaluation criteria. The ENGINEER will incorporate one round of review comments and submit a technical memorandum to the City. This task does not include the evaluation of any existing pedestrian crossings throughout the City. If requested by the City, evaluation of existing pedestrian crossings will be considered Additional Services. 3.2. Prepare Pedestrian Crosswalk Installation Design Details The ENGINEER will prepare pedestrian crosswalk installation details (11" x 17 ") for various pedestrian crossing treatments by facility type. The proposed details will vary based on the following: • Facility Type - TxDOT High Volume - School Crossing - Unsignalized Intersection - Mid -Block • Crosswalk Treatment - Standard — encompasses standard markings and pedestrian crossing signs. Enhanced — improved visibility through the use of constant warning signs, markings, or beacons. Active — includes devices designed to display a warning only when pedestrians are present or crossing the street. April 19, 2012 Page 4 ATTACHMENT 1 SCOPE OF WORK - Red or Traffic Signal — includes devices that display a circular red indication to motorists OR the installation of a traffic signal. 3.3. Meetings The ENGINEER will attend one (1) meeting with City staff to discuss the proposed evaluation criteria and standard design details. Task 4 — Southlake 2030 Plan Meetings The ENGINEER will attend up to three (3) Southlake 2030 Plan meetings with either the Mobility Plan Committee, the City Council, and/or Planning and Zoning Commission. SOUTHLAKE MOB13i TY PLAN — FEE SUMMARY Basis Services Tasks (Lump Sum) Task 1— S. Carroll Avenue Evaluation $15,000 Task 2 — Bicycle Master Plan $20,000 Task 3 — Pedestrian Crosswalk Evaluation Criteria and Design Details $10,000 Task 4 — Southlake 2030 Plan Meetin8g S 3,000 TOTAL $48,000 April 19, 2012 Page 5