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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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- 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
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