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Home My WebLink AboutContract 42098ern( SECRETARY CITY OF FORT WORTH, TExWNTRACT NO. 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 TranSystems Corporation dba TranSystems Corporation Consultants, (the "ENGINEER"), for a PROJECT generally described as: Southside Signal Local Air Quality project. Article 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 E. 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 days' written notice to CITY, suspend services under this AGREEMENT until City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 08_05-1 1 A 1 0: 3 9 IN 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22,2010 Page 3of15 (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. 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. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineer ng Related Design Services PMO Official Release Date: 9.22.2010 Page 4 of 15 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. K. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 5 of 15 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, 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, 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 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 6 of 15 (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. 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. j• 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 7 of 15 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Rela ed Design Services PMO Official Release Date: 9.22.2010 Page 8 of 15 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 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9,22.2010 Page 9 of 15 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 substances, contaminants, or asbestos is a result of ENGINEER's 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 10 of 15 (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. 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. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B 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 City of Fort Worth, Texas Standard Agreement for Engineering Rela ed Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 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. D. Termination (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 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. 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 ENGINEERs personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 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 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.I 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 13 of 15 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 PMO Official Release Date: 9.22.2010 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 cc- day of Rit , 2O11 . ATTEST: P(Nt- Marty Hendri City Secretary u 0 0 0 teg APPROVED AS TO FORMB ,)›jt-c",0 y se Assistant City Attorney C - a so�_ Contr. act Author i Zf .iOa pate City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 15 of 15 azarcrilti CITY OF FORT WORTH alb o*y:c---7-smart••••••••4 A Fernando Costa %4\Assistant CityManager 3 0 g 1 on °ado° 4 1 z, By: ROVAL RECOMMENDED Doua vu• 1/4 Transportation and Public Works TRANSYSTEMS CORPORATION DBA TRANSYSTEMS CORPORATION CONSULTANTS y rem aul Pena Ill, P.E. C Sr Vice President OFFICIM RECORD CITY SECRETARY Ft WORTH, TX ATTACHMENT "A" Scone for Enaineerina Desian Related Services for Traffic Sianal Warrant Study. Timina. and Design The scope set forth herein defines the work to be performed by the ENGINEER in completing the Southside Signal Local Air Quality (LAQ) project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE Berry St. & Hemphill St Phase One: Prepare modification plans for minor operational improvements including but not limited to upgrades for cabinet -controller assemblies detection systems, communications equipment, and pedestrian enhancements to four (4) existing traffic signals; develop and implement traffic signal controller timing plans at all four (4) traffic signals and the Berry and University intersection and prepare before and after studies to document benefits of completed improvements Phase One Intersections: Hemphill and Shaw Hemphill and Dickson Hemphill and Bolt Hemphill and Felix/Fuller Berry and University (Reconstruction) (Separate Contract) II. Berry St. & Hemphill St. Phase Two: Prepare plans to reconstruct five (5) traffics signal prepare work orders for minor operational improvements to existing traffic signals, develop and implement traffic signal controller timing all nine (9) traffic signals, and prepare before and after studies to document of completed improvements. Phase Two Intersections: Berry and Townsend Berry and Cleburne (Reconstruction) Berry and Ryan (Reconstruction) Berry and College Berry and Hemphill (Reconstruction) Hemphill and Morningside Hemphill and Lowden Hemphill and Biddison (Reconstruction) Hemphill and Seminary (Reconstruction) PROJECT is located within the City of Fort Worth, Texas. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 1 OF 15 existing four (4) plans at benefits Task 1. Task 2. Task 3. Task 4. Task 5. WORK TO BE PERFORMED Project Management Traffic Signal Warrant Study Traffic Signal Timing Traffic Signal Design Construction Phase Services TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • For Tasks 2 through 4, the ENGINEER will attend a kickoff and chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct and document review meetings with CITY Project Manager. • Prepare invoices and submit monthly in the format requested by the CITY. • • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. Prepare and submit NCTCOG progress reports in the format provided by NCTCOG. • Prepare and submit Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 2 OF 15 • When conducting site visits to the project location, the ENGINEER or any of its sub - consultants shall carry information identifying the name of the company and the company representative. DELIVERABLES A. Meeting summaries with action items shall be prepared for all meetings with CITY staff B. Monthly invoices C. Monthly progress reports D. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes E. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. TRAFFIC SIGNAL WARRANT STUDY. The warrant study shall be submitted to CITY per the approved Project Schedule. The following intersections in Fort Worth shall have warrant studies: Hemphill and Morningside Hemphill and Lowden Hemphill and Shaw Hemphill and Biddison Hemphill and Dickson Hemphill and Bolt Hemphill and Seminary Hemphill and Felix/Fuller Berry and University Berry and Townsend Berry and Cleburne Berry and Ryan Berry and College Berry and Hemphill The following items apply for each intersection noted above: 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. • Collect all available 24-hour machine counts, turning movement counts, collision data speed surveys, and gap surveys from the CITY. • The ENGINEER will collect the following information needed for the project: ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 3OF15 24-hour machine counts (see task 3.1, counts will only be collected at some locations, in other cases daily volumes may be estimated from turning count data and mainline machine counts at nearby intersections) Turning Movement Counts (including pedestrians) (see task 3.1) Collision Reports. The CITY will provide accident summary printouts for each intersection, if specific accident patterns need to be investigated further, copies of the full accident reports will be requested from the City for select locations. S peed Survey: For the major route, "before" travel time data will be utilized, on side roads posted speeds will be assumed. Aerial Photos: supplied by CITY. 2.2 Site Visits • Conduct a site visit at each intersection to evaluate: • ili 11141111401. S ite distance as defined by AASHTO Green Book, Pedestrian requirements, Land use surrounding the site, N ear -by traffic generators, Additional intersection specific needs that may warrant a signal, S afety considerations. If any pedestrian generators (i e. schools, after school care facilities) are found near the site, one additional site visit shall be made to determine existing pedestrian patterns. • Site distance evaluations at the intersections shall follow the guidelines of the 2004 issue of A Policy on Geometric Design of Highways and Streets produced by the American Association of State Highway and Transportation Officials (AASHTO Green Book). 2.3 Technical Memorandum • Develop a technical memorandum for each intersection containing the following: S ignal Warrant Analysis showing if the intersection meets any of the volume warrants as defined in the 2006 TxMUTCD. S ite Specific Information detailing surrounding land uses, traffic generators, school crossings, Fire Departments and any other information that may generate the need for a traffic signal. The site information will also include the site distance evaluations and the posted speed limits near the intersection. S ite Distance diagrams and results. Collision Summary or Diagrams and results. Aerial Photo showing the intersection and surrounding area. P hoto Log showing each approach to the intersection and each corner where signal equipment may be located. IIMI 2.4 Review Meeting — conduct a review meeting with the CITY to discuss the technical memorandum. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 4 OF 15 DELIVERABLES A. Technical Memorandum for each intersection (signal warrant analysis, signal timings existing conditions assessment and signal design recommendations report will be combined into one document) TASK 3. TRAFFIC SIGNAL TIMING. The traffic signal timing Final Technical Memorandum shall be submitted to the CITY per the approved Project Schedule. The following intersections shall have traffic signal timing plans: Hemphill and Morningside Hemphill and Lowden Hemphill and Shaw Hemphill and Biddison (Reconstruction) Hemphill and Dickson Hemphill and Bolt Hemphill and Seminary (Reconstruction) Hemphill and Felix/Fuller Berry and University (Reconstruction) (Separate Contract) Berry and Townsend Berry and Cleburne (Reconstruction) Berry and Ryan (Reconstruction) Berry and College Berry and Hemphill (Reconstruction) The following activities apply for each intersection noted above: 3.1 Data Collection • The ENGINEER will assess the data collection needs of the corridor and prepare a data collection plan specifically for the corridor. Data collection efforts will include the following: 1. CITY's proposed draft or final SynchroTM signal timing data files for each time -of -day plan 2. Any available traffic count and "before" travel time information. 3. Extended 24 hour counts — Seven days of continuous counts provide a record of variation in directional traffic volumes along the arterial. This information will be used to confirm the number of timing plans to be implemented and the duration of each separate plan. It also covers both weekdays and weekend. The ENGINEER proposes to conduct two (2) seven day 24-hour machine counts, on Hemphill south of Berry and on Berry west of Hemphill. 4. 24-hour machine counts — The ENGINEER will conduct bi-directional 24-hour machine counts up to a maximum of 4 counts on Berry Street and on Hemphill Street to supplement the 7 day counts. In addition, up to 26 ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 5 OF 15 approach counts will be conducted on side streets.The data will be recorded in 15-minute increments. 5. Peak hour turning movement counts — Peak hour turning movement counts will be collected at each intersection for up to four (4) time periods. Time periods will include 2 hour counting increments for the Weekday AM PM and weekday off-peak. 6. Existing timing plan information - The ENGINEER will gather hard copies of the existing timing information for each signalized intersection from the CITY (printouts of the full timing database for each intersection). The CITY will provide their existing SYNCHRO model for the study corridor 7. Existing signal infrastructure — The ENGINEER will gather the following infrastructure and hardware information at each signalized intersection: Presence and functionality of Pedestrian Signals and Pushbuttons Traffic Signal Head configuration Vehicle detection locations (stop line or setback by approach) information to be gathered using existing plans provided by the CITY and visual queues in the field (presence of cameras, saw cuts in pavement, etc.) 8. Intersection geometrics — The ENGINEER will record the intersection geometrics for each study location. Geometncs will include the number of lanes per approach, permitted lane usage (left only right only, shared left and through, etc.), pedestrian crossing distances, and intersection widths (for clearance calculations). 9. Corridor information — The ENGINEER will collect the following data: Posted speed limits School zones and times Other observed impedances to traffic flow 3.2 Before Travel Time Runs • The ENGINEER will use the floating car technique to record "before" travel time runs. Travel time runs will be conducted for the AM, PM and weekday off-peak periods. The ENGINEER will make four (4) travel time runs in each direction for each time period. • The "before conditions" travel time runs will be made prior to the implementation of any intersection improvements or new timing plans. These runs will establish the actual baseline conditions for the corridor and will be used to calibrate the Baseline SYNCHRO model. 3.3 Conduct Baseline Analysis ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 6 OF 15 • The baseline analysis will serve to identify key issues related to traffic operations along the corridor. Analysis of the current conditions will be undertaken using SYNCHRO software. The following tasks will be accomplished as part of the baseline analysis lb Field Assessment — The ENGINEER will conduct a thorough field evaluation of the corridor The evaluation will include a review and verification of the existing timing plans observation of the existing traffic operations, and the potential impact of major driveways on corridor operations. Review and Smooth Data — The ENGINEER will review all data collected for quality assurance and consistency with field observations. Adjustments will be made to the collected data to eliminate any inconsistencies or errors. Where appropriate, count data will be smoothed to take into account observed conditions in the field. Develop Baseline SYNCHRO Model — the CITY will provide current SYNCHRO Model, the ENGINEER will update the SYNCHRO network for the corridor utilizing traffic counts signal timing and phasing plans, and geometrics collected previously The ENGINEER will include pedestrian data as required to accurately reflect traffic conditions along the corridor. Calibrate SYNCHRO Model — The ENGINEER will evaluate baseline conditions and calibrate the SYNCHRO model to insure consistency between the output for measures of effectiveness and data collected. Calibration will be based on visual observation of existing traffic conditions. Minor improvements assessment — The ENGINEER will evaluate the operation of each intersection and indentify minor improvements that could improve operation of the intersection such as changes to signal phasing, restriping or redesignating lane use or addition of turn lanes These recommendations will be provided to the CITY for consideration of implementation as a part of this project (design and construction of these improvements are not included in this contract). 3.4 Prepare Timing Plans • The ENGINEER will conduct an analysis of the corridor to determine basic corridor operations parameters. The corridor analysis will result in the recommendations for the following operational parameters: Cycle Length — The ENGINEER will conduct an analysis of the critical intersections to determine the optimal cycle length for that intersection. This cycle length will be tested to determine its impact on other corridor intersections operations as well as its ability to provide progression along the corridor Based on the analysis an optimal cycle length will be recommended for each timing plan. Calculate Clearance Intervals and Pedestrian Intervals — The ENGINEER will calculate, based on acceptable engineering standards, the clearance ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 70F 15 intervals (yellow plus all red) and pedestrian crossing times (walk and flashing don t walk). Recommended timing plans will be provided to the CITY in the form of a time -of -day plan for the overall system, phase data for each signal (minimums, clearance times, etc.), and cycle/offset/split data for each cycle and plan. Time space diagrams will also be provided. 3.5 Implementation • CITY staff will code timings into timing database at City offices with assistance from ENGINEER to prepare for download to the local controllers. • CITY staff will activate the timing plans and CITY staff and the ENGINEER will assess initial operation from the office to determine if the timing plans are operating and errors are resolved 3.6 Fine -Tune Timing Plans • Following implementation of the timing plans, the ENGINEER will work with CITY Staff to fine -turn the splits and offsets for each new timing plans. On the first day of implementation representatives from both the CITY and the ENGINEER will be in the field to observe traffic operation and implement adjustments The ENGINEER will observe operation for up to two additional days in the field. The CITY will have a representative available in the office or in the field that can make timing adjustments as recommended by the ENGINEER (or the adjustments can be made by the ENGINEER if access to the cabinet or system software is made available by the CITY) • After implementation, the CITY will provide a printout of the final timing database for each intersection for inclusion in the report. 3.7 After Conditions Analysis • The ENGINEER will conduct an analysis of the "after" conditions to assess the benefits of the implemented improvements. • The ENGINEER will use the floating car technique to record "after" travel time runs Travel time runs will be conducted for the AM, PM and weekday off-peak periods. The ENGINEER will make four (4) travel time runs in each direction for each time period. • The ENGINEER will develop a data collection plan similar to the data collected for the Baseline Analysis that will be used to assess the "After" operational conditions. As a minimum the subsequent data collection plan will include the following: Travel Time Runs — The ENGINEER will collect after travel time runs following the same procedures and for the same time periods as the Before Travel Time Runs. Final Timing plan information — The final implemented and fine tuned timing plans will be documented and used in the final analysis. ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 8 OF 15 3.8 Final Corridor Technical Memorandum • Following the completion of the after condition analysis, the ENGINEER will prepare a Final Corridor Technical Memorandum that documents the benefits of the implementation of the signal timing improvements along the corridor. The Final Corridor Technical Memorandum shall include the following: Project Overview Documentation of the Final Timing "Before" and "After" Analysis ASSUMPTIONS • The ENGINEER will review the extended 24 hour counts collected to determine the number of timing plans required to adequately serve traffic volume variations. It is anticipated areas will require four unique timing plans. • For preparation of timing plans, the ENGINEER will meet four times with the City to review results of the data collection, field observations efforts, baseline conditions, and preliminary timing plans. The ENGINEER shall incorporate comments into the development of the final optimized timings for the corridor. • The ENGINEER shall submit three stapled copies and one unbound original of the draft of the Final Technical Memorandum to the CITY for review • The ENGINEER shall meet with the CITY to discuss comments of the draft Final Technical Memorandum. Following receipt of consolidated comments, the ENGINEER shall submit 3 copies plus one original of the Final Technical Memorandum to the CITY. DELIVERABLES A. Final timing plan sheets B. Final SYNCHRO models C. Draft of the Final Corridor Technical Memorandum D. Final Corridor Technical Memorandum TASK 4. TRAFFIC SIGNAL DESIGN. The traffic signal design shall be submitted to the CITY per the approved Project Schedule. The ENGINEER shall provide traffic signal design plans, specifications, and estimates (PS&E) for the following intersections. Work at each intersection varies as described: • Hemphill and Morningside — Minor modifications • Hemphill and Lowden — Minor modifications • Hemphill and Shaw — Minor modifications ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 9 OF 15 • Hemphill and Biddison — Reconstruction • Hemphill and Dickson — Minor modifications • Hemphill and Bolt — Minor modifications • Hemphill and Seminary — Reconstruction • Hemphill and Felix/Fuller— Minor modifications • Berry and University — Being redesigned as a part of Berry Street improvement project, no design work on this project. • Berry and Townsend — Detector replacement only, no plans will be prepared. Work will be identified through note or specification. • Berry and Cleburne — Reconstruction • Berry and Ryan — Reconstruction • Berry and College — Minor modifications • Berry and Hemphill — Reconstruction For intersections identified as "minor modifications" the work generally includes controller, detector and communications equipment replacement; signal head, emergency pre-emption, pedestrian indications, sidewalk ramp upgrades. Design plans for these locations will generally consist of two sheets (signal plan and a combined plan sheet for ramp improvements and pavement markings). For intersections identified as "reconstruction" the work generally includes detector, and communications replacements cabinet, foundation, signal pole, signal head, emergency pre-emption, pedestrian indications sidewalk ramp Design plans for these locations will generally consist of a full set (existing removals, signal plan, marking and signing sheet, etc.). controller, mast arm, upgrades. conditions, The following activities apply for each intersection noted above: 4.1 Short Report ENGINEER will prepare and submit a "short report" for each intersection. 4.1.1 Data Collection • The ENGINEER may obtain hard copies of record drawings from the CITY. The record drawings should include but not be limited to the proposed roadway plans, right-of-way information, and utility plans. If available, the CITY will furnish the ENGINEER electronic copies of the Microstation CAD files of the existing record drawings or proposed construction plans. For current signalized intersections, the CITY will furnish existing timing data Base plans will be prepared from existing plans, aerial photos and field confirmation of basic dimensions, no formal field survey will be performed (similar to previous signal plan design by ENGINEER under on -call contract). • The ENGINEER will meet with the CITY in the field to discuss the electric service, communications, vehicle detection and Opticom requirements at each intersection. All existing and proposed utilities, pavement widths, lane configurations, and traffic control devices will be determined based on field observations, the record drawings provided by the CITY, and subsurface utility engineering's (SUE) or franchise utility locates. ATTACHMENT "A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 10 OF 15 • Subsurface Utility Engineering (SUE) Level B shall be performed at the following intersections, At all other locations utility information will be added from City maps and comments provided from utility companies (no field location of utilities will be performed) Hemphill and Seminary Berry and Hemphill 4.1.2 Capacity Analysis (work to be completed under task 3.3) • The ENGINEER will perform a capacity analysis indicating level of service for each movement at each intersection. A capacity analysis report using the SynchroTM analysis software is preferred; however other capacity methods are acceptable. • The ENGINEER will recommend the appropriate traffic signal phasing for each intersection with consideration to the capabilities of current CITY controller hardware and software operation functions. 4.1.3 Development of the Short Report for each intersection (excluding Berry & Univeristy and Berry & Townsend) shall include the following: (to be combined with tasks 2.3 and 3.3) • Existing and/or projected traffic volumes; • discussion of existing and proposed conditions; • capacity analysis results; • photo -log of intersection approaches; • recommendations for signal design, phasing, operations, illumination, and pedestrian accommodations, including a preliminary layout with cabinet, pole, and service placements; and • address any unusual conditions and provide recommendations to resolve these conditions. ASSUMPTIONS • The ENGINEER will prepare for and attend one (1) joint kick-off meeting with the CITY (and TxDOT if applicable). • The ENGINEER will determine the pedestrian and ADA requirements for each project intersection • Prior to preparing base plan sheets or conducting field site visits, the ENGINEER will schedule franchise utility locates (DIG TESS) at each project intersection. • The ENGINEER will create base plan sheets for signal plans from the record drawings and aerial photography provided by the CITY, if available. • The ENGINEER shall submit 1-PDF submitted through Buzzsaw and up to 2 — 8.5" x 11" paper copies per intersection of the draft short report to the CITY. • The ENGINEER will prepare for and attend one (1) review meeting with the CITY to receive and reach concurrence regarding the "short report review comments. ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 11 of 15 • The ENGINEER will incorporate review comments and submit a final "short report" to the CITY (1 — PDF electronic copy; 2 — 8.5 x 11" paper copies per intersection). DELIVERABLES A. Documentation of key design decisions B. Draft Short Report (combined with tasks 2.3 and 3.3) C. Final Short Report 4.2 Traffic Signal Design ENGINEER will prepare and submit a 90%, 99% and 100% plans, specifications, and estimates (PS&E) for each intersection as follows: The PS&E shall include the following: • Estimate Summary Sheet • Existing Conditions Layout showing utility lines, illumination, signs, markings, and any removals (if necessary). • Traffic Signal Design Layout (per intersection) showing existing utilities (utility poles, street lights, storm drains fire hydrants, etc ), permanent traffic signal poles and mast arms, pedestrian signal poles, pedestrian signals, push buttons, controller cabinet assemblies, signal heads, street lights, detector loops or other detection systems, conduit ground boxes, power sources with distribution to signal service, communications connections, wiring diagrams, pavement markings, signal phasing plan, Opticom equipment conduit and cable chart, pole summary chart, phasing sequence, pole details, pole locations diagram, and all other items required for the complete construction of the signals • Signs and Markings Layout (per intersection) showing existing signs, proposed signs, existing striping, proposed striping, pavement markings summary chart, and sign summary chart. • Sidewalk Ramp Layout (per intersection) showing proposed sidewalk ramp layouts, CITY standard and special sidewalk ramp details, and sidewalk ramp quantities. • Preliminary Opinion of Probable Construction Cost ASSUMPTIONS • The PS&E shall be prepared in accordance with the applicable requirements for CITY plans, details, specifications, standards, and manuals. • The ENGINEER will review the general notes, traffic signal specifications, and standard general provisions supplied by the CITY for applicability and modify (if necessary) for the respective locations The ENGINEER will identify any design exceptions to CITY Standards in the 90% design phase. ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 12 OF 15 • Existing traffic signal specifications and standards furnished by the CITY will be used for design plans, unless otherwise requested by the CITY in writing. These include: City of Fort Worth Transportation and Public Works "Traffic Signal Design Guidelines, November 2008". Example plan set illustrating desired format for each type of plan sheet to be developed by the Engineer. Example City standard traffic signal construction details, specifications, and Contract Documents. • Record Drawings prepared by others (CITY or representative, TxDOT) and aerial photography will be used as the basis for any designs associated with the PROJECT. It is assumed that no Microstation CAD files will be available and all base files will be recreated from hard copies of record drawings made available by the CITY. • The plans, standards and any special specifications will be prepared using English units. • All Microstation CAD standards and level symbology will follow CITY requirements. • The CITY will provide determination for provision of cable TV drops, vehicle detection, and Opticom equipment. • All intersections will be designed to accommodate existing or future pedestrian activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian heads to meet ADA requirements as requested by the CITY. • The ENGINEER will incorporate review comments and submit 90% PS&E traffic signal designs to the CITY (1 — PDF electronic copy submitted through Buzzsaw; up to 2 — 11" x 17' paper copies). • The ENGINEER will prepare for and attend one (1) review meeting with the CITY to receive and reach concurrence regarding the 90% PS&E review comments • The ENGINEER will incorporate review comments and submit 99% PS&E traffic signal designs to the CITY (1 — PDF electronic copy submitted through Buzzsaw, up to 2 — 11" x 17' paper copies). • The ENGINEER will prepare for and attend one (1) review meeting with the CITY to receive and reach concurrence regarding the 99% PS&E review comments • The ENGINEER will incorporate review comments and submit FINAL (100%) PS&E traffic signal designs (1 — PDF electronic copy; 3 — 11" x 17' paper copies). • The ENGINEER will prepare and submit the quantity estimates and engineer's opinion of probable construction cost spreadsheets prepared in Microsoft Excel for each intersection. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 13 OF 15 The ENGINEER will provide the CITY a CD of the electronic Microstation traffic signal design files, quantity estimates, and engineer's opinion of probable construction costs for each intersection. DELIVERABLES A. 90% PS&E B. 99% PS&E C. 100% PS&E D. CD of the electronic Microstation traffic signal design plans, quantity estimates, and engineer's opinion of probably construction costs for each intersection. Task 5. Construction Phase Services The ENGINEER will provide professional construction phase services for the subject project for the purpose of providing assistance to CITY during construction. These services are as follows: • The ENGINEER will prepare for and attend a Pre -Construction Conference prior to commencement of work at the project intersections. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work • The CITY will prepare record drawings following the completion of the construction based upon information provided by the Contractor and/or CITY (1 — PDF electronic copy and 1 — Microstation CAD file; 1 — 11" x 17" mylar 3 — 11" x 17" paper copies). DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed These additional services include the following: • Negotiation of easements/ROW or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 14 OF 15 • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. ATTACHMENT SA" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE 150F 15 ATTACHMENT B COMPENSATION Design Services for Southside Signal Local Air Quality Project City Project No. 01020 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $280,848 06 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 B-1 IV. ATTACHMENT B COMPENSATION Summary of Total Project Fees Firm P rime Consultant TranSystems P roposed M/WBE Hayden GRAM Gorrondona P rimary Responsibility Sub -Consultants Assist with Signal Timing Traffic Count Services S urveying and SUE N on-M/WBE Consultants Project Number & Name Southside Signal Local Air Quality Project City M/WBE Goal = 10% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2of3 TOTAL Total Fee $280,848.06 Fee Amount $230,440.00 $8,408.06 $18,000.00 $24,000.00 $280,848.06 82% 3% 6% 9% 100% M/WBE Fee M/WBE % $50,408.06 18% Consultant Committed Goal = 18% B-2 EXHIBIT ` B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 3 Professional Services Invoice Project: ISouthside Signal LAQ Project City Project Mgr: 'George Foto City Project #: 101020 City Dept/Division: I TPW/Traffic Services City Fund/Center: I GR74 020203257zzz City Sec Number: City Purchase Order: Company Name: Consultant's PM: Vendor Invoice #: From Date: To Date: 1 I I TranSystems Corporation I Consultant Instructions: Fill in or update green cells. Insert description of work performed in the text box. When invoice is complete, save and close, start Buzzsaw and add invoice to the Consultant folder within Project's folder. Remit Address: IACH Only E-Mail: Office Address: Telephone: Fax: Description of Work Performed During Reporting Period: Completed "Consultant Project Schedule Report" and "Critical Path Schedule" must be submitted with invoice before invoice can be approved for payment. GR74 020203257300 I Project Task(s) 1. Project Management 2. Traffic Signal Warrant Study 3. Traffic Signal Timing 4. Traffic Signal Design 5. Construction Phase Services GR74 020203257800 Project Task(s) 1. Project Management 2. Traffic Signal Warrant Study 3. Traffic Signal Timing 4. Traffic Signal Design 5. Construction Phase Services Agreement Amendment Amount Amount $20,131.15 $31, 680.00 $81, 706.91 $143,160.00 $4,170.00 $0.00 $0.00 $0.00 $0.00 $0.00 Agreement Amendment Amount Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Agreement Amount to Previously Date Invoiced $20,131.15 $31, 680.00 $81.706.91 $143,160.00 $4,170.00 Agreement Amount to Previously Date Invoiced $0.00 $0.00 $0.00 $0.00 $0.00 Totals this Payment Request: $280.848.06 $0.00 CRAFT Current Invoice Current Invoice Remaining Percent Budget Complete $20,131.15 $31,680.00 $81.706.91 $143,160.00 $4,170.00 0.0% 0.0% 0.0% 0.0% 0.0% Remaining Percent Budget Complete $0.00 #DIV/01 $0.00 #DIV/01 $0.00 #DIV/01 $0.00 #DIV/01 $0.00 #DIV/01 $0.00 $280.848.06 0.0% ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Engineering Related Design Services for Southside Signal Local Air Quality Project City Project No. 01020 <No changes to the Standard Agreement> City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment D - Project Schedule FORT WORTH • This PROTECT reauires a Tier 3 schedule as defined herein and in the Citli's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT:. The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE:, Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE:, The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in IILA.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. 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Crrv' OUNCIL AGENDA COUNCIL ACTION: Approved on 7/19/2011 ®Ail 7/19/2011 REFERENCE, *C-25021 LOG 20TSeTRANSYSTEMSSOSIDELAQPROJECT NO.: NAME: CODE: C TYPE: T PUBLIC NO HEARING.. SUBJECT: Authorize Execution of an Engineering Services Agreement in the Amount of $280,848.06 with TranSystems Corporation for Traffic Signal Timing Services at Fourteen Intersections on Berry Street from University Drive to Hemphill Street and on Hemphill Street from Morningside Drive to Felix Street (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering services agreement in the amount of $280,848.06 with TranSystems Corporation for traffic signal timing services at 14 intersections on Berry Street from University Drive to Hemphill Street and on Hemphill Street from Morningside Drive to Felix Street. DISCUSSION: This project will provide for synchronizing traffic signal timing along Berry Street and Hemphill Street to improve mobility and air quality by reducing the number of stops and idling time and also decreasing gasoline consumption and emissions. The design services will include traffic signal warrant studies, signal design and development of coordinated traffic signal timing plans to more efficiently manage traffic demands. TranSystems Corporation was selected by a consultant selection committee to perform traffic engineering services for this project. TranSystems Corporation is in compliance with the City's M/WBE Ordinance by committing to 18 percent M/WBE participation. The City's goal on this project is 10 percent. Funding for this contract is provided through an interlocal agreement with North Central Texas Council of Government and use of Local Air Quality Funds approved by City Council on July 8, 2008 (M&C C-22903) and amended by Council on September 14, 2010 (M&C G-17050). This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grant Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR74 531200 020203257300 $174,840.00 GR74 531200 020203257800 $1061008. 06 Submitted for City Manaaer's Office by: Fernando Costa (6122) Oriainatina Department Head: Doug Wiersig (7801) Additional Information Contact: George Behmanesh (7914) ATTACHMENTS Map South _Side Area_2011_06_08.pdf htt ://a s.cfwnet.org/council packet/mc_review.asp?ID=15473&councildate=7/19/2011 7/25/2011 p PP