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HomeMy WebLinkAboutContract 36847 SECRETARY CONTRACT NO. 3M� r7, CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley-Horn and Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: TRAFFIC SIGNALS FOR GROVE STREET INTERSECTIONS. 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 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 paid in full, including interest. In the event of susRensie --af services, the ENGINEER shall have no liability to CITY for delays r dr}a'i'a es caused the CITY because of such suspension of services. ���; STANDARD ENGINEERING AGREEMENT(REV 10106/05) Page 1 of 15 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. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, 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. STANDARD ENGINEERING AGREEMENT(REV 10/06105) Page 2 of 15 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, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the 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 procedXes and market STANDARD ENGINEERING AGREEMENT(REV 10/06/05) \ f}'�' ;; i• ✓ 'i1i Page 3of75i -�p^P 1 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. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business 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. c..,�, •_ ,� � ,:,,.,-fin�, STANDARD ENGINEERING AGREEMENT(REV 10/06/05) y^11\ Page 4 of 15 a J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) 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 three (3) 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 subcon-sultant 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. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occu e►?mL l,_ STANDARD ENGINEERING AGREEMENT(REV 10/06/05) ` f Page 5 of 15 A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and 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) 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. (a) 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. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) J,�'� '�LLT 1• / Page 6 of 15 (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) 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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions in writing. (j) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be 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) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) `7, 1,�`'% �� � Page 7 of 15 �� '� C�� 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 ENGINEER will, if requested, assist the CITY 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. 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 8 of 15 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 and will provide labor and safety equipment as required by the ENGINEER for such access. 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. 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 in Attachment A. 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 or to-the project; ^— STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 9 of 15 G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article W.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. (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, docu , bring, defend, or assist in litigation undertaken or defended by the C ITY. .In the event CITY STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 10 of 15 requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. 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. 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 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. 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 5 days of written notice and diligently complete the correction thereafter. - STANDARD ENGINEERING AGREEMENT(REV 10/06/05) `7 . Page 11 of 15 p e (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 storage containers, microfilm, 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 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 (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 12 of 15 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. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. 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.Q-V+H., VI.I., an I.J. shall survive termination of this AGREEMENT for any cause.. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 13 of 15 L. 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 during the term of this AGREEMENT 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. STANDARD ENGINEERING AGREEMENT(REV 10106/05) Page 14 of 15 �L��. 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 Executed this the�day of C , 2008. ATTEST: CITY OF FORT WORTH Marty Hendri Fernando Costa City Secretary Acting Assistant City Manager 2�� Q APPROVAL RECOMMENDED CORtract huthorizatioa Gr , P.E. Date Acti i ctor, Transpo ation Public Works Department APP7R ,/V�D S TO M D LEGALITY Amy Ram Kimley-Horn and Associates, Inc. Assistant City Attorney ENGINEER ATTEST: By: �_ o NAME: Glenn Gary, P.E. TITLE: Senior Vice President ":41F STANDARD ENGINEERING AGREEMENT(REV 10/06/05) ��i ;;� . Y Page 15 of 15 ATTACHMENT "A" SCOPE OF SERVICES TRAFFIC SIGNAL DESIGNS FOR GROVE STREET INTERSECTIONS FORT WORTH, TEXAS PROJECT PARAMETERS The following information pertains to the provision of Basic Services: A. The PROJECT will consist of the following activities, as requested by the CITY: Proposed traffic signal design plans, quantities, and specifications for the following TWO (2) intersections: 1. Belknap at Grove 2. Grove at Weatherford PROJECT is located within the City of Fort Worth, Texas. B. 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 CADD files will be available and all base files will be recreated from hard copies of record drawings made available by the CITY. C. The plans, standards and any special specifications will be prepared using English units. D. 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, October 2007". - 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. E. The CITY will provide 24-hour approach counts, turning movement counts, capacity analyses, and traffic accident data for up to three years, if available. F. All Microstation CADD standards and level symbology will follow CITY requirements. I Ti v 2C-22 1A111Y TRAFFIC SIGNAL DESIGNS A-1 ?R ','' j'',?U FOR GROVE STREET INTERSECTIONS ,'l'� � G'a G. The CITY will provide determination for provision of cable TV drops, vehicle detection, and Opticom equipment. H. The CITY will review plans and provide recommendations in a timely manner. I. 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. J. The ENGINEER will prepare the following items to produce a complete set of construction plans for bidding purposes: - Cover Sheet - Estimate Summary Sheet - General Notes Sheet - Existing Conditions Layout - Traffic Signal Design Layout (per intersection) - Signs and Markings Layout (per intersection) - Sidewalk Ramp Layout (per intersection) - Geometric Modification Layout (per intersection— if applicable) - Interconnect and Service Layout - Traffic Signal Standard Detail Sheets (for entire project) - Standard Detail Sheets - Quantity Summary and Opinion of Probable Construction Cost K. The ENGINEER will provide bidding and construction phases services outlined in Tasks 2.0 and 3.0. TASK 1.0 TRAFFIC SIGNAL DESIGNS A. The ENGINEER will prepare for and attend one (1)joint kick-off meeting with the CITY (and TxDOT if applicable). B. The ENGINEER will 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 CADD files of the existing record drawings or proposed construction plans. For current signalized intersections, the CITY will furnish existing timing data. C. The ENGINEER will determine the pedestrian and ADA requirements for each project intersection. D. Prior to preparing base plan sheets or conducting field site visits, the ENGINEER will schedule franchise utility locates (DIG TESS) at each project intersection. E. The ENGINEER will create base plan sheets for signal plans from the record drawings and aerial photography provided by the CITY. F. The ENGINEER will prepare an existing conditions layout.TRAFFIC SIGNAL DESIGNS �q A-2 FOR GROVE STREET INTERSECTIONS G. 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 and the record drawings provided by the CITY. H. 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. I. 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. J. The ENGINEER will prepare and submit a "short report"for each intersection to the CITY for review and approval (1 — PDF electronic copy; 2—bound 8 W x 11" paper copies per intersection). The report will include: - Traffic signal warrant studies - 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; - address any unusual conditions and provide recommendations to resolve these conditions; and - design five coordinated signal timing plans using Synchro Studio 70 K. The ENGINEER will prepare for and attend a review meeting with the CITY to receive and reach concurrence regarding the"short report" review comments. The ENGINEER will incorporate review comments and submit a final "short report'to the CITY (1 — PDF electronic copy; 2—8 W x 11" paper copies per intersection). L. The ENGINEER will prepare the 90% PSBE traffic signal designs for each intersection. Plans, specifications and estimates (PSBE)for the above work 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. The ENGINEER will prepare and submit 90% PSBE packages to the CITY for review and comment(1 — PDF electronic copy; 2— 11" x 17" paper copies). 90% PSBE Deliverables - Title Sheet - Estimate Summary Sheet - General Notes Sheetz�;, N �.. C!'•� ��(N TRAFFIC SIGNAL DESIGNS A-3 FOR GROVE STREET INTERSECTIONS i L ' - 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 detectors, 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. Geometric Modification Layout (per intersection—if applicable) showing roadway and/or driveway modifications. Interconnect and Service Layout showing existing and proposed interconnect and service Traffic Signal Standard Detail Sheets Preliminary Opinion of Probable Construction Cost M. The ENGINEER will prepare for and attend a review meeting with the CITY to receive and reach concurrence regarding the 90% PS&E review comments. N. The ENGINEER will incorporate review comments and submit 99% PS&E traffic signal designs to the CITY (1 —PDF electronic copy; 2— 11" x 17" paper copies). The 99% PS&E deliverables will include the same items listed in the 90% PS&E deliverables. O. The ENGINEER will prepare for and attend a review meeting with the CITY (if necessary)to receive and reach concurrence regarding the 99% PS&E review comments. P. 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). Q. 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. R. 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. TRAFFIC SIGNAL DESIGNS A-4 FOR GROVE STREET INTERSECTIONS TASK 2.0 BIDDING Bidding will include: A. The ENGINEER will obtain hard copies and electronic copies of the CITY's current traffic signal construction Contract Documents. B. The ENGINEER will prepare and issue up to fifteen (15)sets of Contract Documents. Additional sets of Contract Documents shall be printed, only upon the CITY's authorization, as Additional Services. C. The ENGINEER will prepare and submit the Notice to Bidders to the CITY for advertising. D. The ENGINEER will respond to Contractor's questions and issue addenda as required. TASK 3.0 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: A. Pre-Construction Conference. The ENGINEER will prepare for and conduct a Pre- Construction Conference prior to commencement of work at the project intersections. B. Signal Timing Plan Fine-Tuning. The ENGINEER will fine tune five signal timing plans beginning on the activation day. The CITY will assist the ENGINEER with the timing installation by programming the controllers. Upon completion, the ENGINEER will submit revised Synchr0 Studio 70 electronic files. C. Record Drawings. The ENGINEER 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). TRAFFIC SIGNAL DESIGNS A_rJ sr �7 FOR GROVE STREET INTERSECTIONS ATTACHMENT "B" COMPENSATION TRAFFIC SIGNAL DESIGNS FOR GROVE STREET INTERSECTIONS FORT WORTH, TEXAS I. PROFESSIONAL ENGINEERING SERVICES For all professional engineering services included in ATTACHMENT"A" (Scope of Services, Traffic Signal Designs for Grove Street Intersections), the CITY agrees to pay the ENGINEER a lump sum fee of$39,000. 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(including the M/WBE subconsultants in the amount of $1,950), 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. TRAFFIC SIGNAL DESIGNS B-1 FOR GROVE STREET INTERSECTIONS ATTACHMENT "C" AMENDMENTS TO STANDARD AGREEMENT TRAFFIC SIGNAL DESIGNS FOR GROVE STREET INTERSECTIONS FORT WORTH, TEXAS No modifications to the Standard Agreement were necessary for this project. 0 1� 3.CCLi 1R � l'Uq lue TRAFFIC SIGNAL DESIGNS C_1 FOR GROVE STREET INTERSECTIONS ATTACHMENT "D" SCHEDULE TRAFFIC SIGNAL DESIGNS FOR GROVE STREET INTERSECTIONS FORT WORTH, TEXAS The ENGINEER will complete the scope of services outlined in ATTACHMENT"A"within ninety (90)days following notice to proceed from the CITY. .1.^ TRAFFIC SIGNAL DESIGNS p_1 FOR GROVE STREET INTERSECTIONS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/4/2008 DATE: Tuesday, March 04, 2008 LOG NAME: 20GROVE SIGNALS REFERENCE NO.: **C-22693 SUBJECT: Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., for the Preparation of Signal Timing, Plans, Specifications, and Estimates for Two Traffic Signals on Grove Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering services agreement with Kimley-Horn and Associates, Inc., (KHA) for the preparation of signal timing, plans, specifications, and estimates for two traffic signals on Grove Street in the amount of$39,000. DISCUSSION: The 2007 Certificates of Obligation sold for Critical Capital needs included funds for traffic signals. Traffic Signals are needed in order to provide the safe and orderly movement of people and vehicles. To ensure that this project is completed in a timely manner, staff has selected KHA to prepare the signal timing, plans, specifications, and estimates. The signals designed in this project are at the intersections of Belknap Street/Grove Street and Grove Street/Weatherford Street. KHA is in compliance with the City's M/WBE Ordinance by committing 6 percent. The City goal on this project is 6 percent. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C295 531200 208710047130 $39,000.00 Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Marisa Conlin (8779)