HomeMy WebLinkAboutContract 40096CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wse Counties, Texas (the "CITY"), and
Hayden Consultants, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Southwest Fort Worth Signal Timing.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
City of Fort Worth, Texas
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Page 1 of 15 CITY SECRETARY
FT. WORTH, T
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Amendments to Article IV, if any, are included in Attachment C.
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
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The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
use such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project
other than the PROJECT described herein.
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If the ENGINEER makes on -site observation(s) of a deviation from the
Contract Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
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current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
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enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
(1) ENGINEER'S INSURANCE
a. Commercial General Liability —the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
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i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Pusiness Auto —the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officersI directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability,
a claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
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the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
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to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. ®isclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges 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.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
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The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEEFR's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
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with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
I
nsurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
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Amendments to Article Vl, if any, are included in Attachment C.
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
All designs, drawings, speccations, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
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work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the ENGINEER
exercises control.
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
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If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A -Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the 7th day of April, 2010.
ATTEST:
Marty Hendrix
City Secretary
APPROVE
Assistant C
ATTEST:
ContraCt Authorization
City of Fort Worth, Texas
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By:
CITY OF FORT WORTH
Assistant City Manager
APPROVAL RECOMMENDED
William A. �erkest, P.�., Director
TPR' Department
Hayden Consultants, Inc.
President
By:
T.
WORTH, TX
r
PROJECT UNDERSTANDING
The CITY has requested that the ENGINEER complete the following services:
Evaluate existing traffic signal operations and develop, implement, and fine-tune signal
timing for the following twenty-six (26) locations in Fort Worth, referred to hereafter as the
"project intersections":
A. Altamesa
1. Altamesa at Hemphill
2. Altamesa at Sheridan
3. Altamesa at IH-35W Southbound Service Road
4. Altamesa at IH-35W Northbound Service Road
5. Altamesa at Alcon
6. Altamesa at Will Rogers
7. Altamesa at Oak Grove
B. Hulen-Sycamore School
1. Hulen at Fire Station 26
2. Hulen at Wrigley Way
3. Hulen at Altamesa
4. Hulen at Kingswood
5. Hulen at Sycamore School (crossing coordination)
6. Hulen at Columbus Trail
7. Hulen at Risinger
8. Hulen at Chaparral Creek
9. Sycamore School at Cleburne
10. Sycamore School at McCart
11. Sycamore School at Meadowcreek
12. Sycamore School at Wagon Wheel
13. Sycamore School at Crowley
14. Sycamore School at Everman
C. Sycamore School (East)
1. Sycamore School at Camelot
2. Sycamore School at Rockdale
3. Sycamore School at Sheridan
4. Sycamore School at IH-35W Southbound Service Road
5. Sycamore School at IH-35W Northbound Service Road
In addition to the twenty-six (26), the current conditions will need to be modeled for the
following three (3) "adjacent intersections", such that current operations can be considered
in control group evaluation to consider relative benefits of coordinating adjacent project
intersections with the signal timing plans already in place at these locations.
A. Altamesa
1. Altamesa at Crowley
2. Altamesa at Camelot
B. Hulen-Sycamore School
1. Hulen at Granbury
The ENGINEER will perform the following scope of services.
SCOPE OF SERVICES
If services beyond those defined in this scope are required, the CITY and the ENGINEER
shall attempt to negotiate a written amendment to this Agreement. The ENGINEER shall not
proceed with work on any additional services prior to the CITY and ENGINEER executing a
written amendment. The Scope of Services includes the following primary tasks.
The ENGINEER is only responsible for those professional services that can be completed
within the maximum contract amount specified in Attachment "B" (Compensation). If the
CITY requests the ENGINEER to provide services that exceed the maximum contract
amount specified in Attachment "B" or extend beyond the schedule specified in Attachment
"D", an equitable adjustment will be made through an amendment to this AGREEMENT with
appropriate CITY approval.
Task 1 —Data Collection, Site Observations, and Meetings
1.1 Data Collection
The ENGINEER will gather from the CITY the following data for each project intersection,
and identified adjacent intersection:
® Current Condition and/or Previously created SynchroT"' signal timing data files
(if available);
• Current conditions QuicNet signal timing data;
• Synchro Files for adjacent intersectios to be considered;
• Digital Aerial photos in JPEG or other format that can be brought directly into SynchroT"'
• Any count data gathered in the project area within the last 2 years;
• Count data from previous timing efforts at adjacent (to be considered) intersections
The ENGINEER will collect the following data for the project area:
• Recording Machine Counts —Recording machine counts will consist of a combination of
7-day counts and 24-hour bi-directional volume counts. This data will be collected at a
total of seven (7) locations in the project area. This will include Three (3) counts on
Hulen, two (2) counts on Altamesa, and two (2) counts on Sycamore School. The
specific locations of these counts will be approved by the City prior to collection of data.
It is anticipated that these counts will include four (4) 7-day counts and three (3) 24-hour
counts.
® Turning Movement Counts (4 two-hour counts) —Weekday turning movement counts will
be collected during AM, Midday, and PM peak periods of typical weekdays (non -holiday
Tuesday, Wednesday or Thursday). For the locations that are immediately adjacent to
schools, afternoon school peaks will be counted instead of midday peaks. Saturday
turning movement counts will be performed on a typical, non -holiday, weekend. Specific
period of turning movement counts for each corridor will be based on data obtained from
recording machine counts.
• Travel Time Runs. "Before" and "After" travel time run data will be collected along the
project corridors during the AM, Midday, PM, and Saturday peak periods. Such data will be
collected and processed using PC -Travel software.
• Digital Photography of Intersections —Digital photos will be taken of each approach to
each study intersection. Photos will be taken from the approach, and opposite the
approach, in order to capture an accurate record of hardware and geometric information
for each intersection.
• Initial Field Observation. Prior to our evaluation, the ENGINEER will conduct field
observations within the project area during the AM, Midday, PM, and Saturday peak
periods.
1.2 Meetings
The ENGINEER will prepare for and attend the following meetings:
• Up to four (4) meetings with the CITY to kick-off the project, review and discuss the
proposed short-term and long-term operational improvements, and to discuss the
recommended signal timing plans, and to receive final comments on draft final
document.
Task 2 —Recommendations for Operational Improvements
This task involves the preparation and presentation of short-term and long-term operational
improvements that the City should consider at the study intersections. This task will be
performed in conjunction with Task 4 (Timing Plan Development). This task contains the
following subtasks:
2.1 Short -Term Operational Improvement Recommendations
The ENGINEER will determine which intersections will require short-term improvements in
order to accomplish the objectives of the project. Such improvements may include (but are
not limited to):
® Signal head replacements to support phasing changes;
• Phasing changes (i.e. addition or removal of split phasing, changing the wiring and
phasing scheme of the intersection);
• Detector replacements or additions; and
• Other low cost improvements such as signing (including changeable lane use signs)
and striping modifications.
The ENGINEER will document, by intersection, the specific signal modifications and/or other
low-cost capital improvements that are needed. In addition, a meeting with the CITY will be
held prior to development of finalized signal timing plans in Task 4 to discuss proposed
short-term recommendations. CITY staff will advise the ENGINEER as to which short-term
improvements will be implemented and should be included in the final signal timing plan
development.
2.2 L.ong-Term ®perational Improvement Recommendations
The ENGINEER will provide recommendations for long-term, higher cost improvements for
each signalized intersection. Such improvements may include (but are not limited to)
additional lanes, additional turn bays, and ADA ramp compliance.
The ENGINEER will prepare a brief technical memorandum to document the recommended
long-term improvements. A draft of this technical memorandum will be submitted
electronically for review by the CITY. Upon receiving the CITY's comments, the ENGINEER
will then submit a final technical memorandum. This document will become the basis for
subsequent design efforts, which are not part of this scope. However, if appropriate based
on the assumed implementation schedule, the agreed upon improvements will be
incorporated into the signal timing modeling.
Task 3 —Traffic Signal Warrants
The ENGINEER will use data collected during Task 1 to perform quick traffic signal warrant
analyses for each project intersection. The quick warrant analyses will consist of looking at
the four-hour traffic signal warrants. It is assumed that additional side -street counts will be
needed for the high -volume approach of up to three (3) intersections that may not meet the
four-hour warrant. A draft technical memorandum will be submitted electronically for review
by the CITY. Upon receiving the CITY's comments, the ENGINEER will then submit a final
technical memorandum.
Task 4 —Timing Plan Development
4.1 Basic Signal Controller Interval Timing
The basic controller interval timing parameters (i.e., the minimum greens, the extensions,
the vehicle yellows and all -reds, and the pedestrian clearances) are a function of the
approach speeds and the roadway and intersection geometry (e.g., street widths, grades,
and pedestrian crossing distances). For this project, all basic signal controller interval timing
has been field verified and established by the CITY and incorporated into the field
controllers. The ENGINEER will not be required to verify these parameters as part of this
project. The ENGINEER will be required to incorporate these parameters into the
SynchroTM models. If adjustments are required as part of timing development and/or
implementation, this effort will be considered Additional Services.
4.2 Coordinated Timing Plan Development
Timing for the project intersections may or may not be coordinated with adjacent corridors,
and thus the reasoning behind analysis of the three (3) immediately adjacent intersections
that could impact operations at project intersections and thus need to be considered when
making initial decisions that will impact cycle lengths used during the project peak periods.
Proposed cycle lengths and TOD plan schedules for each corridor will be determined by the
ENGINEER. The following timing plans will be developed for this project: AM, MIDDAY, PM,
and SATURDAY. AM plans will be developed for the typical AM peak period during the
school year. The Midday plan will be developed to accommodate side -street volumes near
schools, where additional side -street time may be needed after school lets out in the
afternoon, but offsets will primarily be setup to favor operations during the midday peak
period.
This subtask is further broken down as follows:
Develop Current Condition SynchroT"' Models
Using the information gathered in previous tasks, the ENGINEER will develop the current
condition SynchroTM model for each timing plan period identified above. These models will
be used to summarize the existing (i.e., before) conditions.
Development of Optimized Signal Timing Plan SynchroT"' Models
Using the current conditions SynchroT^" models, the ENGINEER will create SynchooT"^
models for each time periods identified above. These models will have their timing plans
(splits, offsets, phase sequence, etc.) optimized to maximize the bandwidth on the arterials
and to keep side street delays to an appropriate level.
The ENGINEER will perform an "on -screen" review of each plan as it was initially produced
by means of the SynchroTM optimization. As an initial enhancement, the ENGINEER will
make refinements that will improve the actual on -street progression. Such reviews and
enhancements will be made by an experienced traffic signal timing engineer. Using these
enhanced models, the ENGINEER will generate each of the new signal timing plans.
4.3 Review of Recommended Timing with CITY Staff
Once the timing plans have been developed, the ENGINEER will schedule a meeting to
pI esent the proposed timings to CITY staff. An LCD projector will be used to allow all
meeting participants to view the time -space diagrams, flow diagrams, and
SynchroTM/SimTraffic results on -screen. The ENGINEER will be prepared to present the
following:
• For each corridor, the proposed boundaries of the control groups including any
surrounding signals that should be considered to be added to these control groups in
the future;
• For each intersection, the recommended timing plan data (which will include cycle
length, offset, force -offs, phase sequence, and basic timing intervals);
A summary of Synchro's measures of effectiveness for vehicle delay, stops, fuel
consumption, and emissions; and,
• Any obstacles to implementation that the ENGINEER foresees at that time.
Through interactive discussion, consensus will be reached regarding modifications that
should be made prior to implementation of the new timing plans. The ENGINEER will then
finalize each timing plan, incorporating the changes that were agreed to during the review
meeting.
After the timing plans have been approved by I timing sheets will need to be
prepared for each of the project intersections identified in the project understanding.
For this project, it is anticipated that the CITY will develop the BI Tran QuickNETT"' timing
sheets, from the recommended SynchroTM timing files, and install these timing plans in the
local controllers at the project intersections. If it is determined that part or all of this
responsibility will be assumed by the ENGINEER, this effort will be considered Additional
Services.
Task 5 —Timing Plan Field Fine -Tuning and Adjustments
Once the new timing is downloaded by the CITY, the ENGINEER will provide qualified staff
members for on -site fine-tuning assistance. The ENGINEER will observe the actual
operation of the new timing plans and suggest minor adjustments to improve the operation.
The ENGINEER will be expected to watch each of the timing plans that were developed for
at least two days for all of the intersections along the corridor. It is assumed that CITY
personnel may participate in this process, thereby gaining familiarity with the timing plans.
Once CITY approval has been received, the QuicNETT"^ timing database and SvnchroTM
timing models will need to be updated to reflect as -fine-tuned conditions. The ENGINEER
will be responsible for developing the modified SynchroTM models to reflect the fine-tuned
conditions, and providing the CITY with a list of modifications. The CITY will then use this
information to modify the QuickNETTM files.
Task 6 —Documentation
The ENGINEER will prepare a summary report of the overall project, incorporating
appropriate material from the previous tasks. The report will include tables that will provide
overall summaries of the following:
• Net changes in travel times, stops, and signal delay as actually measured by means
of the before and after floating car travel time runs; and
• Comparisons of before and after measures of effectiveness (MOEs) as estimate by
the SynchroT"' model (whenever practical, nationally accepted standards for MOEs
such as those established by the latest edition of the Highway Capacity Manual
should be used for the comparisons).
The ENGINEER will submit an electronic copy (PDF format) of the draft report. The
ENGINEER will then meet with the CITY to receive comments. Following this meeting, the
ENGINEER will submit a final version electronically.
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
SOUTHWEST FORT WORTH SIGNAL TIMING
City Project No.
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $122,617.00 as
summarized in Exhibit "134' Payment of the total lump sum fee shall be
considered full compensation for the services described in Attachment A, for all
labor materials, supplies, and equipment necessary to complete the project.
B. The ENGINEER shall be paid monthly payments as described in Exhibit "B-1"
Section 1 - Method of Payment.
Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an officer of the ENGINEER.
II. Schedule
Tasks and deliverables defined in the Scope of Services (Attachment A) shall be
submitted in accordance with the Schedule, identified as "Attachment D".
Rev 8-7-09
B-1
EXHIBIT "13-1"
METHOD OF PAYMENT
(Supplement to Attachment B)
SOUTHWEST FORT WORTH SIGNAL TIMING
City Project No.
I. Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City's approval of an
invoice from the ENGINEER outlining the estimated current percent complete of the total
project.
The aggregate of such monthly partial fee payments shall not exceed the effort related to
specific tasks identified in the Scope of Services. Effort will be reported based on the
major tasks identified in the Scope of Services (Attachment A), and the Schedule
(Attachment D).
11. Progress Reports
A. The ENGINEER shall submit to the designated representative of the Director of
the Department of Transportation and Public Works monthly progress reports
covering all phases of Study in the format required by the City.
Rev 8-7-09
B-2
EXHIBIT "13-3"
(Supplement to Attachment B)
Engineering Services for:
SOUTHWEST FORT WORTH SIGNAL TIMING
FORT WORTH, TEXAS
City Project No.
SUMMARY OF TOTAL PROJECT FEES
Consulting Firm
OTTME
Prime Responsibility
Amount
Prime Consultant:
Hayden Consultants, Inc.
95,499.00
77.9
Proposed M/WBE
Sub -Consultants
Amount
GRAM Traffic Counting, Inc.
23,618400
19.2
Savant Group, Inc.
3,500.00
2.9
Non-M/WBE
Consultants:
NONE
Project Description
Traffic Engineering
City M/WBE Goal
Scope of Services
Signal Timing
$122, 617.00 $27,118.00
Percent
22.1
Rev 8-7-09
B-3
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Engineering •
SOUTHWEST FORT WORTH SIGNAL TIMING
City Project No.
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by ENGINEER or ENGINEER's employees.
Rev 02-10-09
The ENGINEER will complete the scope of services outlined in ATTACHMENT "A"
according to the following schedule:
1 Data Collection
2 Recommendation of Operational
Improvements
3 Quick Traffic Signal Warrant Analyses
4 Timing Plan Development
• Coordinated Timing Plan Development
and Presentation to CITY Staff
® Modified Timing Plans Submitted
5 Timing Sheet Development
(HCI in support role)
6 Timing Plan Field Fine -Tuning
and Adjustments
i Documentation
Schedule
Within four weeks after NTP
Within four weeks after the completion
of Task 1
Within two weeks after the completion of
Task 1
Within six weeks after receiving
comments related to Task 2
Within one week after presentation to
CITY staff; and receiving comments
related to proposed timing plans
performeA by City Staff, within 3 weeks
of receiving modified timing files
Within four weeks following field
implementation.
Within two weeks after the completion of
"after" travel time runs
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M&C Review
Page 1 of 1
COUNCIL ACTION: Approved on 4/6/2010
Official site of the City of Fort Worth, Texas
FORT ��QRTIi
DATE: 4/6/2010 REFERENCE NO.: **C-24148 LOG NAME: 20HAYDEN2010
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize an Engineering Services Agreement in the Amount of $122,617.00 with
Hayden Consultants, Inc., for Signal Timing Along Hulen Street, Sycamore School Road
and Altamesa Boulevard (COUNCIL DISTRICTS 6 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
service agreement in the amount of $122,617.00 with Hayden Consultants, Inc., to improve signal
timing and synchronization along Hulen Street, Sycamore School Road and Altamesa Boulevard.
DISCUSSION:
Hayden Consultants, Inc., was selected by a consultant committee to evaluate and prepare signal
timing plans for the following three corridors consisting of 26 traffic signals:
Hulen Street- from Cranbury Road to Chaparral Creek intersection.
Sycamore School Road- from Hulen Street to IH-35W intersection.
Altamesa Boulevard- from Hemphill Street to Oak Grove intersection.
Synchronizing the traffic signals will reduce the number of stops and idling time at these traffic signals
and it will improve the mobility and air quality by decreasing gasoline consumption and emissions.
Hayden Consultants, Inc., is in compliance with the City's M/WBE Ordinance by committing 22
percent. The City goal on this project is 18 percent.
The traffic signals included in this project are in COUNCIL DISTRICTS 6 and 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
HAY D E N_S I G NAL_O PS_03. pdf
FROM Fund/Account/Centers
GR76 531200 020302296 070 $122.617.00
Fernando Costa (6122)
William Verkest (7801)
George Behmanesh (7914)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13314&councildate=4/6/2010 4/14/2010