Kimley-Horn SH121 Frontage_Denton Tap-CN 2021-02-24City of Coppell Public Works Department
Routing Sheet for Approval of Contracts and Agreements
Vendor Name: Kimley-Horn and Associates, Inc Date: 2/24/2021
Contracted Work/Project: SH 121 Frontage Rd and Denton Tap Rd - Right Turn Lane
Explanation: Design services for right turn lane at southwest corner of SH 121 Frontage Rd and Denton Tap Rd
Council Approved: Yes / No If yes, Date: Budget Approved: Yes / No
2020 Bond
Ethics Certificate Required: Yes / No If Yes, Copy is Attached: Yes / No Proceeds
® New Vendor ® Existing Vendor ® Renewing Contract
Routing Sequence: Initials Date
1. Employee initiating contract/agreement: Kumar Gali KG 2/24/21
(Include W-9 & CIQ form if vendor is not in system.)
2. Supervisor Authorization:
3. Purchasing Manager/Technician: _
(Signature needed only if vendor is new to system or contract has been changed since last time used)
4. Director of Public Works Authorization: Kent Collins
5. Deputy City Manager Authorization: Traci Leach/Vicki Chiavetta?125
Comments:
6. City Manager:
Comments:
Mike Land
Tr -t--7 4
7, Originals back to Administrative Manager: KVra Jansen
8. Copy of contract/agreement to Jennifer Miller: DYES / NO=
Kimley*Horn
February 8, 2021
Mr. Kumar Gall
City of Coppell
816 S Coppell Rd
Coppell, TX 75019
Re: Professional Services Agreement
Denton Tap Road and SH 121 Intersection Improvements
Dear Mr. Gali,
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter
agreement (the "Agreement') to the City of Coppell ("Client" or "City") for providing design services for
intersection improvements on Denton Tap Road at SH 121,
Project Understanding
The City of Coppell, Texas has requested a proposal for providing the following professional
engineering services for construction plans, specifications, and opinions of probable construction cost
for the following:
1. Design of an eastbound (EB) right -turn lane at Denton Tap Road and SH 121.
This design will generally include paving, drainage, traffic signal, grading and sidewalk/ramp design
for the improvements listed above. The services also include updating the City of Coppell Denton Tap
Intersection Improvements (Project No. ST -19-01) design plan sheets to incorporate the
improvements outlined above. The Denton Tap Intersection project is currently under construction by
the City of Coppell, and the additional intersection improvements are anticipated to be Change
Ordered into the current construction contract, administered by City of Coppell.
Scope of Services
Basic Services
Task 1 — Project Engineering
Consultant will provide the services specifically set forth below.
1. Consultant will participate in up to one (1) meeting with City staff regarding project status,
coordination, design, and review. Perform up to one (1) site visits as needed. Subconsultant
coordination will be included.
2. Consultant will perform data collection for roadway, drainage and traffic criteria.
3. Design of approximately 200 linear feet of EB right -turn lane improvements.
4. Design of signal modifications:
a. New signal cabinet
b. New electrical service and coordination with Oncor
c. New pedestrian push button pole on the Southwest Corner (SWC)
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d. New Accessible Pedestrian Signal push buttons to replace all existing push buttons
e. New pedestrian ramps on the SWC
f. All existing vehicular signal poles shall remain
g. All existing signal poles and equipment not specifically mentioned above shall remain
h. Re -cable intersection with new signal conductors, video detection cable, and opticom
cable in existing conduit
5. Consultant will prepare temporary traffic control plan in accordance with Texas Department of
Transportation (TxDOT) design standards and the Texas Manual of Uniform Traffic Control
Devices (TMUTCD).
6. It is anticipated that the turn lane improvements will utilize the existing cross slopes and
vertical alignment of the existing facility. Improvements will be developed in accordance with
City standards and specifications. The Consultant will prepare typical sections and plan
sheets for the proposed improvements. The Consultant will rely on record drawings for
design of pavement section as part of this design. If pavement section is considered sub-
standard by City criteria, City standard pavement design will be used. Landscape restoration
will be limited to grading, topsoil, sod, and irrigation repairs. No cross-sections shall be
developed for this scope of services.
7. Driveway within the turn lane improvement limits shall be analyzed. These driveways will be
defined vertically by spot elevations. The design of any retaining walls greater than three (3)
feet in height to accommodate the proposed design, if necessary, will be considered
Additional Services.
8. Consultant will provide design of drainage lateral extensions (if needed) and inlet
replacements are as needed. The design of any storm drain main line capacity improvements
and/or offsite drainage improvements to accommodate the proposed widening, if necessary,
will be considered Additional Services.
9. Consultant will prepare pavement marking layout and signing layout in accordance with City
and TxDOT design standards and the Texas Manual of Uniform Traffic Control Devices
(TMUTCD).
10. Consultant will identify conflicts and adjustments required for existing water line. Water line
design is not included and will be considered Additional Services.
11. Consultant will identify conflicts and adjustments required for existing sanitary sewer line.
Sanitary sewer line design is not included and will be considered Additional Services.
12. Consultant will prepare temporary traffic control plan in accordance with Texas Department of
Transportation (TxDOT) design standards and the Texas Manual of Uniform Traffic Control
Devices (TMUTCD).
13. Consultant will prepare construction plans (22"x24" plan sheets at a scale of 1"=20"
horizontal). Design submittal may include the following plan sheets:
a. Quantity Summary
b. Typical Sections
c. Project Control
d. Paving Plan.
I. including storm drain, water line adjustments, sidewalk, trail, and curb ramp
improvements adjacent to the paving improvements.
e. Signing and Marking
f. Temporary Traffic Control
g. Traffic Signal
h. Erosion Control
14. Consultant will prepare details to clarify intent of design, compile applicable City standard
details, and modify standard details as needed.
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15. Consultant may modify current construction plans for Project No. ST -19-01 as needed to
accommodate design improvements listed above.
16. Consultant will respond to one (1) set of City comments, and one (1) set of TxDOT
comments.
17. Consultant will provide plan sheets for Client coordination with TxDOT.
18. Consultant will provide plan sheets for Client coordination with franchise utility owners.
Consultant will participate in up to one (1) coordination meeting with franchise owners if
necessary due to potential conflicts.
19. Deliverables will include two design submittals: Pre -final design (90%) and Final (100%)
documents. The final design and final document deliverables will consist of modifications to
the Denton Tap Intersections Improvements contract documents modified as appropriate for
the project. An Opinion of Probable Construction cost will be provided to Client for each
deliverable submittal. Each submittal will include two (2) hard copies and a PDF copy. Final
documents will include electronic files.
20. Coordination with TDLR and a Registered Accessibility Specialist (RAS) is not anticipated
and is not included for this scope of services, but may be provided for an additional fee.
21. Development of project bidding documents, if necessary, will be considered Additional
Services.
Task 2 — Project Coordination
Consultant will provide the following coordination tasks with TxDOT and the City of Lewisville as
outlined in this section. The budgeted fee for this task is based upon 10 hours of labor. We will
not proceed with performance of services beyond the hours budgeted without written
authorization by the Client. Specific tasks under this scope may include:
1. Prepare for and attend meetings with TxDOT and City of Lewisville as requested by the City.
2. Site visits
3. Coordinate project specific items for traffic signal and intersection design modifications.
4. Review and respond to additional construction plan reviews not outlined in the task above.
Task 3 — Construction Administration
Consultant will provide Construction Administration as outlined in this section. The budgeted fee
for this task is based upon 10 hours of labor. We will not proceed with performance of services
beyond the hours budgeted without written authorization by the Client. Specific tasks under this
scope include:
1. Attend up to one (1) Pre -Construction Conference.
2. Respond to and process RFIs. Such clarifications, interpretations, and plan revisions will be
consistent with the intent of the Contract Documents. Field Orders authorizing variations
from the requirements of the Contract Documents will be made by City.
3. Review and respond to product submittals or shop drawings. Review and respond to project
resubmittals or resubmittals of shop drawings.
4. Prepare record drawings based on information provided by the Contractor. Record drawings
will be prepared on full size 22"x34" sheets. One electronic DWG copy of all sheets will be
provided and individual sheets will also be prepared in TIFF format.
972 770 1300
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Special Services
Task 4 — Survey
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I. Survey
a. Data Collection and Property Research
b. Gather existing plat information.
c. Collect property owner and record information.
d. Gather existing right-of-way and easement information. Identify easements available
through typical research methodologies (i.e. plats, court house filings, etc.).
Undocumented easements may not be identified.
e. The City will arrange and make all provisions for access to perform the services
specified within this scope. The surveyor will provide the City with Right of Entry
letters if required for the City's distribution.
2. Design Survey
a. The limits of the survey will include the following.
b. Along SH 121:
i. A 40 -foot wide swath for a length of approximately 250 linear feet along the
location of the proposed SH 121 westbound deceleration lane. (Right -Turn
Lane)
ii. SW corner of the Denton Tap and SH 121 intersection, including an area of
15' behind face of curb. 10' past each curb return on the major road and
cross street.
c. Establish horizontal control points.
d. Establish a vertical control benchmark circuit as needed throughout the project. City
to provide established monument information for the area.
e. Set control points, which will be based on NAD -83, at each intersection. Before
setting the control points.
f. Perform a field survey to identify and locate existing topographic elements within the
roadway corridor including, but not limited to the following:
i. Property corner monumentation;
ii. Existing pavement, curbs, sidewalks, barrier free ramps, etc.;
iii. Roadway and lane striping;
IV. Driveway limits and elevations;
V. Existing storm sewer inlets, manholes, junction boxes (including culvert sizes
and invert elevations);
vi. Outfalls and erosion control;
vii. Existing driveway culverts and swales;
viii. Guardrail;
ix. Utility manholes, vaults, water valves, water meters, sprinkler heads,
telephone poles, power poles, utility markers, other public utilities, and
franchise utilities;
X. Traffic signal poles, cabinets, and other signal equipment;
xi. Signs (excluding temporary signs);
xii. Trees, including species and caliper (for 6" caliper and up, and perimeter of
landscape beds);
xiii. Buildings and permanent structures;
AV. Retaining walls;
xv. Fence limits and material types (excluding temporary fences);
xvi. Other applicable physical features that could impact design.
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Perform cross-sections throughout project limits at 50 -foot intervals and at grade
breaks.
Prepare cross-section field notes.
Prepare a final topographic drawing in digital format (including contours and
breaklines) showing the features located in the field as well as right-of-way
information, an ASCII coordinate file of the points located in the field, and a hard
copy of the coordinates and feature descriptions.
Task 5 - Right -of -Way 1 Easement Instruments of Conveyance
Prepare up to one (1) parcel for either:
a. Right-of-way instrument (narrative and graphic exhibits of right-of-way takes) and
setting new property corners in the field.
b. Easement instrument (narrative and graphic exhibits of easements required for
drainage, City utilities, temporary construction, etc.).
?, Individual parcel exhibits will be on 8'/2'x11" paper, will be sealed, dated, and signed by a
Registered Professional Land Surveyor and will contain the following:
a. Parcel number.
b. Area required.
c. Area remaining.
d. Legal description.
e. Current owner.
f. Any existing platted easements or easements filed by separate instrument including
easements provided by utility companies.
g. Metes and bounds description of parcel to be acquired. The description will be
provided on a separate sheet from the exhibit. Each type of easement will be
described separately.
3. Upon written notification by the City of acceptance of the right-of-way limits (to be determined
during design tasks), exhibits and instruments, and as directed by the City, the surveyor will
set all corners and points of curvature for the proposed right-of-way and submit final sealed
documents, including location of the control points and their NAD -83 reference.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Additional services we can provide include, but are not
limited to, include the following:
1. Construction staking.
2. Title Research.
3. Design of any offsite drainage improvements beyond the improvements identified in the
scope.
4. Storm Drainage Design other than tasks specifically described above to verify existing
system.
5. Design of any traffic signal improvements beyond the improvements identified in the scope.
6. Preparation for and attendance at additional public meetings.
7. Furnish additional copies of review documents and/or bid documents more than the number
of the same identified above.
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8. Assist the City as an expert witness in litigation about the project or in hearings before
approving and regulatory agencies.
9. Redesign to reflect project scope changes requested by the City, required to address
changed conditions or change in direction previously approved by the City, mandated by
changing governmental laws, or necessitated by the City's acceptance of substitutions
proposed by the contractor.
10. Traffic studies.
11. Street lighting design.
12. Design for street signs, way -finding or other special signs.
13. Franchise utility coordination.
14. Construction phase services that exceed the specific description of services identified above.
15. Landscape design.
16. Design of retaining walls in excess of three (3) feet in height.
17. Temporary Signals.
18. Irrigation design.
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the
Client or the Client's consultants or representatives. The Client shall provide all information
requested by Kimley-Horn during the project, including but not limited to the following:
1. Record drawings.
2. GIS Information.
Schedule
Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting a
mutually agreed upon schedule.
Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during
the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the
client, other consultants, and public agencies. There could be changes in anticipated delivery times,
jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome
the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any
delays, expenses, losses, or damages of any kind arising out of the impact of the COVID-19 Virus.
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Fee and Expenses
Kimley-Horn will perform the services described above on either a Lump Sum of Reimbursable/Hourly
basis in accordance with the following tasks:
Lump Sum
Task 1 Project Engineering
Denton Tap Road and SH 121 $18,500
Roadway Design for Right Turn Lane ..................................... $20,000
Traffic Signal Design...............................................................................
Task4 Survey........................................................................................................... $3,500
Total Lump Sum Project Fee
$42,000
Reimbursable/Hourly
Task 2 Project Coordination.... . $2,500
..................................................................................
Task 3 Construction Administration............................................................................ $2,500
Task 5 Instruments of Conveyance.........................:.......•.....•••.••................••••••..I.....• $2,500
Total Reimbursable/Hourly Project Fee
Total Project Fee
$7,500
$49,500
Kimley-Horn will perform the Lump Sum Tasks identified above for the total lump sum fee of $42,000.
Individual task amounts are informational only. All permitting, application, and similar project fees will
be paid directly by the Client.
Kimley-Horn will perform the Reimbursable/Hourly Tasks identified above on a labor fee plus expense
basis with the maximum labor fee of $7,500. Kimley-Horn will not exceed the total maximum labor fee
shown without authorization from the Client. Individual task amounts are provided for budgeting
purposes only. Kimley-Horn reserves the rightto reallocate amounts among tasks as necessary. Tasks
identified as "additional services" will only be performed with authorization from the City.
Labor fee will be billed on an hourly basis according to our then -current rates. As to these tasks, direct
reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses
will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain
other expenses as to these tasks such as telecommunications, in-house reproduction, postage,
supplies, project related computer time, and local mileage. Administrative time related to the project
may be billed hourly. All permitting, application, and similar project fees will be paid directly by the
Client.
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Invoices will be submitted by cover letter from the project engineer. The letter will certify that the
invoice properly represents work done. The City reserves the right to request additional justification
prior to payment of any invoice. If satisfactory justification is not received, the City reserves the right
to amend the invoice or to refuse to make payment without incurring penalty or interest. Invoices
shall be based on percentage of work completed per identifiable unit of work. The City agrees to
make prompt payments for all approved invoices and agrees to pay interest at the rate approved by
law for approved invoices not paid within 30 days from the date of approval.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Consultant' shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the
City of Coppell.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in
an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please
include the invoice number and Kimley-Horn project number with all payments. Please provide the
following information:
Please email all invoices to
Please copy
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute both copies of this Agreement in the spaces provided below, retain one
copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days
after the date of this letter.
To ensure proper set up of your projects so that we can get started, please complete and return with
the signed copy of this Agreement the attached Request for Information. Failure to supply this
information could result in delay in starting work on your project.
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We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By: David M. Halloin, P.E.
Project Manager
CIT`
By:
(Print Name and Ti Ie )
Client's Federal Tax ID:
Client's Business License No.:
Client's Street Address:
Attachment — Request for Information
Attachment — Standard Provisions
<i�-�
Tyler Henrichs, P.E.
Contract Specialist
972 770 1300
hor, corn 13455, Noel Road Two Galleria Office Tower, Suite 700, Dallas, TX 75240
Kimley*Horn Page 10
Request for Information
Please return this information with your signed contract; failure to provide this information could result
in delay in starting your project
LluenL IUCIIL111%,0LK/II
Full, Legal Name of Client
Parcell
Mailing Address for Invoices
Parcel
Contact for Billing Inquiries
Street Address
Contact's Phone and e-mail
Client is (check one) Owner
Agent for Owner
Unrelated to
Owner
rry Cn IUGn una.aawn
Parcell
Parcel
Parcel
Parcel
Street Address
County in which
Property is Located
Tax Assessor's
Number(s)
rro UIL vWIICI UW"L...
-11-
Owner 1
Owner 2
Owner 3
Owner 4
Owner(s) Name
Owner(s) Mailing
Address
Owner's Phone No.
Owner of Which
Parcel #?
Project Funding Identification — List Funding Sources for the Project
Attach additional sheets if there are more than 4 parcels or more than 4 owners
kimley-horn.com 13455 Noel Road Two Galleria Office Tower, Suite 700, Dallas, TX 75240972 770_1 300J
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant
will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing,
the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current
hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction,
postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times
cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and
all standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys,
engineering data, environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within
a reasonable time so as not to delay the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects
the Consultant's services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or suspensions
due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six
months, Consultant's compensation shall be renegotiated.
(4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will
be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the
Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the rate
of 12% per year beginning on the 25th day. If the Client fails to make any payment due under this or any other agreement
within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client,
suspend services and withhold deliverables until all amounts due are paid.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's
invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt
of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If
the Client objects to only a portion of the invoice, payment for all other portions remains due.
(d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses
shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its
employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant
may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt
and without prejudicing any right of the Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services
described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement.
They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project
or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the
documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the
Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses
and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and
source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in
this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the
Rev 10/2020
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Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies
between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered
as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment
as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or
actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost,
it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation
established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party
upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be
paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses
incurred by the Consultant as a result of such termination.
(8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services
are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and
it is agreed that the Consultant is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE
PROJECT TO THE CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED SUCH THAT, TO THE
FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN
THE AGGREGATE, OF THE CONSULTANT AND THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY, THROUGH OR UNDER THE
CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN
ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT
LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF
CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE CONSULTANT'S
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE THE
TOTAL COMPENSATION RECEIVED BY THE CONSULTANT UNDER THIS AGREEMENT OR $50,000,
WHICHEVER IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE. THIS
SECTION 9 IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE CLAIMING
BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION 9 SHALL REQUIRE THE CLIENT TO
INDEMNIFY THE CONSULTANT.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with
the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's
decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and
specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully
approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance
letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant
shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to
facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable
rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first
to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any
mediation or civil action by Client must be commenced within two years of the accrual of the cause of action asserted
but in no event later than allowed by applicable statutes.
(14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger,
contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to
analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal,
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or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the
Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous
substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits,
the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client
waives any claims against the Consultant in any way connected thereto.
(b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice
and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring
to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to
the construction documents prepared by the Consultant. Consultant neither guarantees the performance of
contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract
documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor
shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client
and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant
shall be made additional insureds under the contractor's general liability insurance policy.
(16) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits
to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights
under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the
written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it
deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the
Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the
services are provided by in-house employees, contract employees, or independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project
and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its
services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential,
the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section
1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any
conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly
rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of
such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the
remainder of this Agreement.
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Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Analyst
$115-$185
Professional
$165-$215
Senior Professional I
$185-$260
Senior Professional II
$250-$275
Senior Technical Support
$120-$200
Support Staff
$85-$125
Technical Support
$75-$105
Effective through June 30, 2021
Subject to periodic adjustment thereafter
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