HomeMy WebLinkAboutContract 40249ciry secREraatr
CONTRACT NO,���.
CITY 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 Wise Counties, Texas (the "CITY"), and
I<imley-Horn and Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as:
2009-2010 CMAQ 1 Corridor 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
good faith within 60 days of the amount due
City of Fort
ENGINEER for billings contested in
P
CITYSECRETARY
P FT WORTH, TX
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.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
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.
B. Standard of Care
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.
Ciiy of Forl Worth, Texas
Standard Agreement for Engineering Relaied Design Services
6.30.09
Page 2 of 15
D. Preparation of Engineering Drawings
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.
E. Engineer's Personnel at Construction Site
(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.
City of Fort Worth, Texas
Standard Agreement for Engineering Relaied Design Services
6.30.09
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
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.
G. Construction Progress Payments
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.
H. Record Drawings
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.
City of Fort Worth, Texas
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6.30.09
Page 4 of 15
I. Minority and Woman Business Enterprise (MIWBE) 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
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.
J. Right to Audit
(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.
City of Fort Worth, Texas
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6.30.09
Page 5 of I
FC0 INSURANCE
(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.
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. Business 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,
officersI 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page vol 15
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 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 liaty, 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 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 Is 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
age, of 15
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.
The CITY shall be entitled, upon its request and without incurring expense,
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.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 8 of 15
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.
O. Permitting Authorities -Design Changes
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.
P. Schedule
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.
B. Access to Facilities and Property
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page vol 15
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.
D. Timely Review
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.
E. Prompt Notice
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.
F. Asbestos or Hazardous Substances Release.
(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 substancescontaminants, or asbestos is a
,
result of ENGINEER 3s negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 10 of 15
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
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.
I. CITY's Insurance
(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
insurance.
(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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 11 of 15
K. Changes
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.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
-QQ
C.
D.
Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
Reuse of Project Documents
All designs, drawings, specifications, 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.
Force Majeure
The ENGINEER is not responsible fo
caused by acts of God, strikes, lockouts,
control of the ENGINEER that preve
obligations hereunder.
Termination
damages or delay in performance
accidentsI
or other events beyond the
�t ENGINEER's performance of its
(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:
City of Fort Worth, Texas
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6.30.09
Page 12 of 15
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
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.
E. Suspension, Delay, or Interruption to Work
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.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 13 of 15
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.
J. Severability and Survival
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.1. shall
survive termination of this AGREEMENT for any cause.
K. Observe and Comply
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 14 of 15
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 day of NA 204U�.
ATTEST: CITY OF FORT WORTH
Marty Hendrix
City Secretary
Assistant City Attorney
ATTEST:
Contract AuthorizatiO3i
5�4 110 _
Date
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 15 of 15
11
QY Fernando Costa
,.'sistant City Manager
��PPROVAL RECOMMENDED
William A. Veriserst `"
Director, Transportati
Department
Public Works
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Glenn A. Gary
Senior Vice President
I WORTH, TX
Ieri�_T�:h��I��lii[_YI
SCOPE OF SERVICES
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
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 at the following thirty-two (32) locations in Fort Worth:
A. SH 170 Corridor
1. SH 170 Westbound Frontage Road at Alta Vista Road
2. SH 170 Eastbound Frontage Road at Alta Vista Road
3. SH 170 Westbound Frontage Road at Park Vista Boulevard
4. SH 170 Eastbound Frontage Road at Park Vista Boulevard
5. SH 170 Westbound Frontage Road at Independence Parkway
6. SH 170 Eastbound Frontage Road at Independence Parkway
B. North Tarrant Parkway
1. North Tarrant Parkway at IH-35W
2. North Tarrant Parkway at Old Denton Road/Riverside
3. North Tarrant Parkway at Taggart Trail
4. North Tarrant Parkway at N. Beach Street
5. North Tarrant Parkway at Trace Ridge Parkway
6. North Tarrant Parkway at Park Vista Boulevard/Ray White Road
7, North Tarrant Parkway at Parkwood Hill Boulevard
8. North Tarrant Parkway at Lakewood Hills/Quail Valley Drive
C. N. Main Street
1. N. Main Street at 26th Street
2. N. Main Street at 25th Street
3, N. Main Street at Exchange Avenue
4. N. Main Street at 23`d Street
5. N. Main Street at 21st Street
6. N. Main Street at 201h Street
7. N. Main Street at Central Avenue
8. N. Main Street at Northside Drive
9. N. Main Street at 7th Street
10. N. Main Street at 4th Street
D. Ridgmar Mall Vicinity
1. Green Oaks Road at Alta Mere Drive
2. Green Oaks Genoa Road
3, Green Oaks Road at Plaza Parkway
4. Green Oaks Road at IH-30
5. Calmont Avenue at Lackland Road
6. Alta Mere Drive at Wal-Mart Driveway/Margaux
7. Alta Mere Drive at Ridgmar Meadow Road
8, Alta Mere Drive at Ridgmar Mall Driveway
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 and Meetings
1.1 Data Collection
The ENGINEER will gather from the CITY the following data for each project intersection:
• Current conditions SynchroT"^ signal timing data files (if available); and
• Current conditions QuicNet signal timing data.
The ENGINEER will collect the following data for each project intersection:
• Turning Movement Counts. Turning movement counts will be collected during the
AM, Midday, PM, and Saturday peak hours at the project intersections.
• Recording Machine (ounts. Four (4) day, 24-hour recording machine approach
counts will be collected and reduced for two (2) locations along each project corridor.
• Travel Time Runs. "Before" and "After" travel time runs will be collected along the
project corridor during the AM, Midday, PM, and Saturday peak hours.
• 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) review meetings with the CITY to review and discuss the proposed
short- and long-term operational improvements and signal timing.
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 finalized signal timings 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 Long -Term Operational Improvement Recommendations
The ENGINEER will provide recommendations for long-term, higher cost improvements
foI 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 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 utilize 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 peak hour, four-hour, and eight -warrant traffic signal warrants. 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 corridors will not be coordinated with adjacent corridors. 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,
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 SynchroT"" 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 SynchroT"'
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 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 SynchroT"' 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
present the proposed timings to CITY staff. A 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 may be encountered.
Through interactive discussion, consensus will be reached regarding modifications that
need to 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.
4.4 Timing Sheet Development
After the timing plans have been approved by the CITY, the ENGINEER will prepare
timing sheets for each of the intersections identified in the project understanding. If this
assumption should change, the ENGINEER will be notified by the CITY.
The CITY will provide the ENGINEER a method for electronically generating the timing
sheet information. An example of such a method is using the BI Tran QuicNE I
software. Under this scenario, the ENGINEER will update QuicNETTM to include the
recommended TOD plans for each project intersection. For all intersections, the
ENGINEER will code all data, including cycle lengths, coordinated phases, offsets,
force -off by phase, pedestrian force -offs, basic controller interval settings, phasing,
detection information, and TOD schedule. The CITY will complete the field
implementation. Following implementation and fine tuning, the ENGINEER will provide
four (4) copies of the timing sheets for each project intersection.
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 ENGINEER will update the QuicNETT"^
timing database and SynchroT"' timing models to reflect as -fine-tuned conditions.
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 estimated
by the SynchroTM 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
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
1. PROFESSIONAL ENGINEERING SERVICES
For all professional engineering services included in ATTACHMENT "A" (Scope of
Services, Various Corridors Signal Timing), the CITY agrees to pay the ENGINEER a
lump sum fee of $165,000.
II. BASIS FOR COMPENSATION
The CITY shall compensate the ENGINEER for the professional engineering
services included in ATTACHMENT "A" on a lump sum fee basis. The lump sum fee
includes labor costs and direct expenses identified in this contract, as well as items
such as in-house duplicating, printing, facsimile, local mileage, telephone, postage,
and computer expenses.
The ENGINEER shall be paid monthly based on statements submitted to the CITY
for the work accomplished during the preceding month. Monthly statements for lump
sum services will be based upon a reasonable estimation of percent complete.
EXHIBIT "B-1"
M/WBE SUMMARY
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
Task Description Fee M/V►IBE (%)
Task 1 —Data Collection and Meetings
Task 2 —Recommendations for Operational Improvements
Task 3 —Traffic Signal Warrants
Task 4 —Timing Plan Development
Task 5 —Timing Plan Field Fine -Tuning and Adjustments
Task 6 —Documentation
$41,900 $27,025 (16.4%)
$12,600
$41, 300
$42,100
$15,600
$3,500
Total Project $165,000 $30,525 (18.5%)
M/WBE Subconsultant Services Fee
Hayden Consultants, Inc. Timing Plan Development $3,500
GRAM Traffic Counting, Inc. Data Collection $27,025
Total $30,525
This attachment is provided for informational purposes only to show the projected plan to
meet the M/WBE goal of 18.5%. The actual dollars paid by the ENGINEER to M/WBE
subconsultants may vary for each task as well as for each subconsultant. The
subconsultants listed are those intended for use on this project, but the actual
subconsultants used may vary.
ATTACHMENT "C"
AMENDMENTS TO STANDARD AGREEMENT
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
No modifications to the Standard Agreement were necessary for this project.
ATTACHMENT "D"
SCHEDULE
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
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
• Timing Sheet Development
presentation
5 Timing Plan Field Fine -Tuning
and Adjustments
6 Documentation
Schedule
Within four weeks after NTP
Within three weeks after the
completion of Task 1
Within two weeks after the
completion of Task 1
Within six weeks after the
completion of Task 2
Within three weeks after
to CITY staff
Within four weeks following field
implementation
Within two weeks after the
completion of the after travel time
runs
ATTACHMENT
LOCATION MAP
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
SH 170 CORRIDOR
INDEPE DENCE �!
PARK VISTA
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ATTACHMENT "E"
LOCATION MAP
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
NORTH TARRANT PARKWAY CORRIDOR
QUAIL VALLEY
PARKWQOD HILL _._�/ '—�- Krs.
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ATTACHMENT "E"
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
N. MAIN STREET CORRIDOR
26TH4H
EXCNANG
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ATTACHMENT "E"
LOCATION MAP
2009-2010 CMAQ 1 CORRIDOR SIGNAL TIMING
FORT WORTH, TEXAS
RIDGMAR MALL VICINITY
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Official site of the City of Fort Worth, Texas
is
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
services agreement in the amount of $165,000.00 with Kimley-Horn and Associates, Inc., (KHA) to
improve signal timing and synchronization along Boat Club Road, North Tarrant Parkway, North Main
Street, Green Oaks Road and Alta Mere Drive.
DISCUSSION:
Kimley-Horn and Associates, Inc., was selected by a consultant committee to evaluate and prepare
signal timing plans for the following five corridors consisting of 32 traffic signals:
Boat Club Road -from Lea Crest to Eagle Ranch intersection.
North Tarrant Parkway -from IH-35W to Quail Valley Drive intersection.
North Main Street -from 4th Street to 26th Street intersection.
Green Oaks Road -from IH-30 to Alta Mere Drive intersection.
Alta Mere Drive -from Margaux to Ridgmar Mall West Entrance 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.
Kimley-Horn and Associates, Inc., compliance with the City's M/WBE Ordinance by committing 18
percent. The City goal on this project is 18 percent.
The traffic signals included in this project are in COUNCIL DISTRICTS 2, 4, and 7.
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 bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR76 531200 020302296070
Fernando Costa (6122)
William Verkest (7801)
George Behmanesh (7914)
.
$165000.00
ATTACHMENTS
CMAQ_1_K_HA_AGREEMENT _2010_03_22,mdf