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HomeMy WebLinkAboutContract 37656CITY SECRETARY CONTIFIACT NO. 3Ls�. 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: TAP 3.2 Corridor Signal Timing. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation 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 suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. STANDARD ENGINEERING AGREEMENT (REV 10/06) Page 1 of 14 � UF riCIA , L Lti��t ca3U c�Tv SEeRETARY FT, WORTH, TX � ORIGINAL 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. 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 10l06/05) Page 2 of 14 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 procedures and market conditions; time or quality of performance by third parties; quality, type, STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 3 oT 14 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/V1fBE) Participation In accord with City of Fort Worth Ordinance Mn 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine STANDARD ENGINEERING AGREEMENT (REV 10l06/05) Page 4 of 14 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 certificates) 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 occurrence 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 5 of 14 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. (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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 6 of 14 (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. (I) 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 7 01 14 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. 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 8 of 14 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 D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER Is 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/O5) Page 9 of �4 H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 10 of 14 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. (2) If this AGREEMENT is terminated for the convenience of the (ity, 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; STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 11 of 14 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' 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. 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/OS) Page 12 of 14 1. 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 attorneys 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.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 13 of 14 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. Article VI 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 , 2008. ATTEST: City Secretary APPROVED AS TO FO AND LEGALITY Assistant ATTEST: rney • • >-Date STANDARD ENGINEERING AGREEMENT (REV 1o/06/OS) Page 14 of 14 CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED: �s, P.E., Acting Director n/Public Works Dept. Kimley-Horn and Associates, Inc. By./ - Glenn A. Gary, P.E. Senior Vice President OF PAGE INTENTIONALLY LEFT BLANK) OFFICIAL RECORD CITY SECRETARY = WORTH, TX ATTACHMENT SCOPE OF SERVICES TAP 3.2 CORRIDOR SIGNAL TIMING FORT WORTH, TEXAS PROJECT UNDERSTANDING In support of the ongoing North Central Texas Council of Governments (NCTCOG) Thoroughfare Assessment Program 3.2 (TAP3.2), the CITY has requested that the ENGINEER finalize and implement signal timing along E. Lancaster Avenue, E. Rosedale Street, and Hemphill Street in Fort Worth. E. Rosedale Street Three (3) time -of -day (TOD) plans have been developed by CITY staff. The ENGINEER will field implement, fine-tune, and adjust the timings (including controller testing/burn-in). The ENGINEER will summarize the timing improvements in a technical memorandum. The following 19 cross -streets will be included: • Handley Miller Conner • I.H. 820 NBFR • Ave E / Ayers • Beach • I.H. 820 SBFR • Bishop • Mitchell • Stalcup Collard • U.S. 287 NBFR • Tierney • Vaughn • U.S. 287 SBFR • Amanda Binkley Riverside o Edgewood E. Lancaster Avenue Two (2) draft TOD plans have been developed by CITY staff. The ENGINEER will review and finalize both TOD plans. The ENGINEER will then field implement, fine-tune, and adjust the timings (including controller testing/burn-in). The ENGINEER will summarize the timing improvements in a technical memorandum. The following 14 cross -streets will be included: • Sandy Lane Rand Collard • Handley Edgewood Beach • Canton Oakland Riverside • Weiler Sargent Pine • Tierney Ayers Hemphill Street Four (4) TOD plans have been developed by CITY staff. The ENGINEER will review and finalize these TOD plans. The ENGINEER will then field implement, fine-tune, and adjust the timings (including controller testing/burn-in). The ENGINEER will summarize the timing improvements in a technical memorandum. The following 14 cross -streets will be included: • Pennsylvania • Lowden • Bolt • Rosedale • Berry • Seminary • Magnolia • Shaw • Felix / Fuller • Allen • Dickson • College • Morningside • Biddison This scope of services will provide the CITY with the services needed to perform this update. SCOPE OF SERVICES If services beyond those defined in this scope are required, the CITY and the ENGINEER shall attempt to negotiate a written amendment to this Agreement. The ENGINEER shall not proceed with work on any additional services prior to the CITY and ENGINEER executing a written amendment. The Scope of Services includes the following primary tasks. The ENGINEER is only responsible for those professional services that can be completed within the maximum contract amount specified in Attachment "B" (Compensation). If the CITY requests the ENGINEER to provide services that exceed the maximum contract amount specified in Attachment "B" or extend beyond the schedule specified in Attachment "D", an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Task 1: Data Collection and Meetings 1 A Data Collection The ENGINEER will gather from the CITY the following data for each timing corridor: • Current conditions SynchroTm signal timing data files; • Proposed draft and final SynchroTM signal timing data files for each TOD plan; and • Any available traffic count and "before" travel time information. 1.2 Meetings The ENGINEER will prepare for and attend the following meetings • Up to six (6) review meetings with the CITY to review and discuss the proposed signal timing. Task 2: Recommendations for Operational Improvements This task involves the preparation and presentation of short-term and long-term operational improvements that the City should consider at the study intersections. This task will be performed in conjunction with Task 3 (Timing Plan Development). This task contains the following subtasks: 2A Short -Term Operational Improvement Recommendations The ENGINEER will determine which intersections will require short-term improvements in order to accomplish the objectives of the project. Such improvements may include (but are not limited to): • Signal head replacements to support phasing changes; • Phasing changes (i.e. addition or removal of split phasing, changing the wiring and phasing scheme of the intersection); • Detector replacements or additions; and • Other low cost improvements such as signing (including changeable lane use signs) and striping modifications. The ENGINEER will document by intersection the specific signal modifications and/or other low-cost capital improvements that are needed. In addition, a meeting with the CITY will be held prior to finalized signal timings in Task 3 to discuss proposed short- term recommendations. CITY staff will advise the consultant as to which short-term improvements will be implemented and should be included in the final signal timing plan development. 2.2 Long -Term Operational Improvement Recommendations The ENGINEER will provide recommendations for long-term, higher cost improvements for each signalized intersection. Such improvements may include (but are not limited to) additional lanes, additional turn bays, and ADA ramp compliance. The ENGINEER will prepare a technical memorandum to document the recommended long-term improvements. A draft of this technical memorandum will be submitted electronically for review by the CITY. Upon receiving the CITY's comments, the ENGINEER will then submit a final technical memorandum. This document will become the basis for subsequent design efforts, which are not part of this scope. However, if appropriate based on the assumed implementation schedule, the agreed - upon improvements will be incorporated into the signal timing modeling. Task 3: Timing Plan Development 3A Basic Signal Controller Interval Timing The basic controller interval timing parameters (i.e., the minimum greens, the extensions, the vehicle yellows and all -reds, and the pedestrian clearances) are a function of the approach speeds and the roadway and intersection geometry (e.g., street widths, grades, and pedestrian crossing distances). For this project, all basic signal controller interval timing has been field verified and established by the CITY and incorporated into the field controllers and SynchroTM models. The ENGINEER will not be required to verify these parameters as part of this project. If adjustments are required as part of timing development and/or implementation, this effort will be considered Additional Services. 3.2 Coordinated Timing Plan Development The number of timing plans to be developed for each timing corridor is listed below. E. Rosedale Street AM, MIDDAY, PM E. Lancaster Avenue AM and PM Hemphill Street AM, MIDDAY, OFF-PEAK, PM For each corridor intersection, the ENGINEER will provide a daily schedule that indicates the time periods during which each plan should be active. This schedule should also indicate when the intersection should be running in FREE operation. Based on the data provided and field observations, the ENGINEER will provide recommendations for additional timing plans that could later be developed and implemented at each intersection to further improve intersection operations during time periods that experience significant volume variations that are not optimally handled by the timing plans developed under this assignment. This subtask is further broken down as follows: 3.2.1 Review Current Condition SynchroT"' Models (all 3 corridors) Using the information gathered in previous tasks, the ENGINEER will review the current condition SynchroT"^ model for each timing plan period identified above. These models will be used to summarize the existing (i.e., before) conditions. 3.2.2 Cycle Length Assessment (E. Lancaster and Hemphill corridors only) The CITY has determined the cycle lengths for each corridor. The cycle length for the Rosedale corridor has already been finalized, which establishes the cycle length for the Hemphill corridor because Hemphill is a crossing arterial. Draft TOD plans have been developed for the Lancaster corridor. The ENGINEER will review the proposed cycle lengths for the TOD plans for the Lancaster corridor. This assessment will rely extensively on whether or not that each cycle length lends itself to good progression bandwidths. 3.2.3 Development of Optimized Signal Timing Plan SynchroT"' Models (E. Lancaster and Hemphill corridors only) Using the existing conditions SynchroT'" models developed as part of Subtask 2.2.1, the ENGINEER will create SynchroT"" models for each of the other time periods for which a unique signal timing plan needs to be generated. These models should have their timing plans (splits, offsets, phase sequence, etc.) optimized to maximize the bandwidth on the arterials and keep side street delays to an appropriate level. The ENGINEER will perform an "on -screen" review of each plan as it was initially produced by means of the SynchroT"' optimization. As an initial enhancement, the ENGINEER will make refinements that will improve the actual on -street progression. Such reviews and enhancements will be made by an experienced traffic signal timing engineer. Using these enhanced models, the ENGINEER will generate each of the new signal timing plans. 4of10 3.3 Review of Recommended Timing with the CITY StafF (E. Lancaster and Hemphill Corridors only) Once the timing plans have been developed, the ENGINEER will schedule a meeting to present the proposed timings to CITY staff. An LCD projector will be used to allow all meeting participants to view the time -space diagrams, flow diagrams, and SynchroTM/SimTraffic results on -screen. The ENGINEER will be prepared to present the following: • For each corridor, the proposed boundaries of the control groups including any surrounding signals that should be considered to be added to these control groups in the future; • For each intersection, the recommended timing plan data (which will include cycle length, offset, force -offs, phase sequence, and basic timing intervals); • A summary of Synchro's measures of effectiveness for vehicle delay, stops, fuel consumption, and emissions; and, • Any obstacles to implementation that may be encountered. Through interactive discussion, consensus will be reached regarding modifications that need to be made prior to implementation of the new timing plans. The ENGINEER will then finalize each timing plan, incorporating the changes that were agreed to during the review meeting. 3.4 Timing Sheet Development (All 3 Corridors) After the timing plans have been approved by the CITY, the ENGINEER will prepare timing sheets for each of the intersections identified in the project understanding. If this assumption should change, the ENGINEER will be notified by the CITY. To assist with the preliminary testing of proposed timings, the CITY will make available to the ENGINEER a Type 170 controller with the appropriate firmware to use at the ENGINEER's facility. This controller remains the property of the CITY and must be returned to the CITY when requested by the CITY. The ENGINEER will be responsible for any damage to the controller provided. The CITY will provide the ENGINEER a method for electronically generating the timing sheet information. An example of such a method is using the BI Tran QuicNETT"' software. Under this scenario, the ENGINEER will update QuicNETTM to include the recommended TOD plans for each project intersection. For all intersections, the ENGINEER will code all data, including cycle lengths, coordinated phases, offsets, force -off by phase, pedestrian force -offs, basic controller interval settings, phasing, detection information, and TOD schedule. The CITY will then update the ENGINEER's laptop that will be used during field implementation. Following implementation and fine tuning, the ENGINEER will provide four (4) copies of the timing sheets for each project intersection. 5of10 Task 4. Timing Plan Implementation (All 3 Corridors) The ENGINEER will implement the proposed signal timing, which includes assisting with the controller test/burn-in procedure and fine-tuning the timings in the field. This task includes the following subtasks: 4.1 Controller Testing/Burn-in Prior to any testing, the ENGINEER will upload the existing timing database from each project intersection onto a laptop. The existing timing will then be downloaded to the test controller. Prior to implementation in the field, the proposed signal timing will be tested in a lab environment to ensure that the proposed timings will operate as intended in the cabinet with the conflict monitor. Two tests will be conducted. The first test will involve running a hardware diagnostic provided by the manufacturer to ensure that the controller and firmware are operating properly. This test will be performed by the CITY. The second test will involve simulating the operation of the controller with the new timings and conflict monitor. The ENGINEER will conduct this test following a defined procedure. The procedure will require that the controller be placed in each timing plan that has been developed, (including free mode) that calls be placed to each vehicle and pedestrian detector during each plan, and that all preempts are tested. The controller clock will be manipulated to allow the controller to transition between plans following its time -of -day schedule. The ENGINEER will be responsible for coordinating with CITY staff to be present during the operational test (which will occur at the Traffic Services facility located at 5001 James Avenue) to ensure that the controller is operating as intended. The ENGINEER should note any unexpected outputs from the controller and should make the appropriate changes to the timing to correct any deficiencies. A checklist will be provided that the CITY staff and ENGINEER will complete and sign -off on for each location before it will be deployed in the field. Once the test is complete, the ENGINEER will upload the approved timing to a laptop that will be used to implement the timing at each project intersection. 4.2 Field Implementation The ENGINEER, accompanied by a representative from the CITY, will download the proposed timing to each project intersection controller using a laptop. 4.3 Timing Plan Field Fine -Tuning and Adjustments As the new timing is downloaded, the ENGINEER will provide qualified staff members for on -site fine-tuning assistance. The ENGINEER will observe the actual operation of the new timing plans and suggest minor adjustments to improve the operation. The ENGINEER will be expected to watch each of the timing plans that were developed for at least two days for all of the intersections along the corridor. It is assumed that CITY 6of10 personnel may participate in this process, plans. in gaining familiarity with the timing Once CITY approval has been received, the ENGINEER will update the QUICNE I timing database and SynchroTM timing models to reflect as -fine-tuned conditions. Task 5: Documentation of Project Findings The ENGINEER will prepare a summary report of the overall project, incorporating appropriate material from the previous tasks. The report will include tables that will provide overall summaries of the following: • Net changes in travel times,_ stops, and signal delay as actually measured by means of the before and after floating car travel time runs; and • Comparisons of before and after measures of effectiveness (MOEs) as estimated by the SynchroTM model (whenever practical, nationally accepted standards for MOEs such as those established by the latest edition of the Highway Capacity Manual should be used for the comparisons). The ENGINEER will submit an electronic copy (PDF format) of the draft report. The ENGINEER will then meet with the CITY to receive comments. Following this meeting, the ENGINEER will submit a final version electronically. 7of10 ATTACHMENT "B" COMPENSATION TAP 3.2 CORRIDOR SIGNAL TIMING FORT WORTH, TEXAS PROFESSIONAL ENGINEERING SERVICES For all professional engineering services included in ATTACHMENT "A" (Scope of Services, TAP 3.2 Corridor Signal Timing), the CITY agrees to pay the ENGINEER a lump sum fee of $127,000. 11. 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 $30,500), 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. 8of10 ATTACHMENT "C" AMENDMENTS TO STANDARD AGREEMENT TAP 3.2 CORRIDOR SIGNAL TIMING FORT WORTH, TEXAS No modifications to the Standard Agreement were necessary for this project. ATTACHMENT "D" SCHEDULE TAP in& CORRIDOR SIGNAL TIMING FORT WORTH, TEXAS The ENGINEER will complete the scope of services outlined in ATTACHMENT "A" according to the following schedule: Task 1 Data collection Task 2 Within one week after NTP Recommended operational improvements Within two weeks after the completion of Task 1 Task 3 Coordinated timing plan development and presentation to CITY staff Timing sheet development Task 4 Controller testing/burn-in Field implementation Field fine-tuning and adjustments Task 5 • Documentation of Project Findings Within five weeks after the completion of Task 2 Within two weeks after presentation to CITY staff Within four weeks after NTP Within two weeks following controller Testing/burn-in (per each corridor) Within two weeks following field implementation (per each corridor) Within two weeks after the conclusion of the after travel time runs. City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 16, 2008 LOG NAME: 20TAP3.2 TIMING REFERENCE NO.: C-23049 SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $127,000.00 with Kimley-Horn and Associates, Inc., for the Development and Installation of Synchronized Signal Timing Plans on East Rosedale Street, East Lancaster Avenue, and Hemphill Street for the Thoroughfare Assessment Program Phase 3.2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement in the amount of $127,000.00 with Kimley-Horn and Associates, Inc., for the development and installation of synchronized signal timing plans on East Rosedale Street, East Lancaster Avenue, and Hemphill Street for the Thoroughfare Assessment Program Phase 3.2. DISCUSSION: The 2004 Capital Improvement Program included funds for traffic signals at various locations. On March 21, 2006, the City Council authorized the execution of an interlocal agreement with the North Central Texas Council of Government (NCTCOG) for Phase 3.2 of Thoroughfare Assessment Program (TAP) and also authorized a local match of $39,979,00. This next phase of the project is to develop and install signal timing into the field controllers in the East Rosedale, East Lancaster, and Hemphill systems. To ensure that this project is completed in a timely manner, staff has selected Kimley-Horn and Associates, Inc., (KHA) to develop and install the new signal timing. The signalized intersections in this project are on East Rosedale Street from Riverside to Handley, East Lancaster Avenue from Pine to Sandy Lane, and Hemphill Street from Pennsylvania to Felix/Fuller. Synchronizing, or coordinating, these signals will improve mobility and air quality by decreasing the time motorists spend at traffic signals and reducing the number of stops a vehicle makes. Coordinated signals also decrease gasoline consumption and reduce emissions. KHA is in compliance with the City's M/WBE Ordinance by committing 24 percent. The City goal on this project is 24 percent. The traffic signals included in this project are in COUNCIL DISTRICTS 5, 8, and 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Light and Signal Improvements Fund. TO Fund/Account/Centers Submitted for City Manager's Office my Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C201 531200 20 1 72 $127,000600 00359 30 Fernando Costa (8476) Greg Simmons (7862) Marisa Conlin (8779)