Loading...
HomeMy WebLinkAboutContract 28329. CITY OF FORT WORTH, TEXAS ���Y ��GF����� ' f� STAND,�RD AGREEMENT FOR ENGINEERING SER���A�� �C} e��� l This AGREEMENT is between the City of �ort Worth (the "CITY"), and Sauthwest Reseajrch Institute, (the "ENGINEER"), for a PR07ECT generally deseribed as: Engineering Services for CMAQ4, Communicatzons Master Plan (Traff�ic Mana�ernent Center ta Fieid Devices) Article I Scope af Services A. The 5cope of Services is set forth in Attachment A, Article II Compensation A. The ENGINEER's cornpensation is set fnrth in Attachment B. �. Cost principais shall be based on the prnvisia�as oi 48 CFR ChaAter 1, Part 31 Federal Acquisition Re�ulatinn (FAR31). Art��le III Terms oF Payment Payments to ttte ENGINEER will be znade as follaws: A. Invoice and Payment (1} The ENGINEER shall provide the CITY sufficient docUmentation to reasonably substantiate the in�oices, (2) Montk�Iy invaices wilI be issued by the ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon cornpletion oi services enumerated in Article I, the final payment of a.ny balanc� wzll be d�s� within 30 days oi receipt af the final invoiee. {�) In the event nf a disputed or contested billing, only that partion sa contested will be withheld from payment, and the undisputed portion r�vill be paid. T�e CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will acer�s� on any contested portion of the biiling until mutually resalved. (5) If the CITY fails to make payment in fu11 to the ENGINEER far billings contestad 'an good faith within 60 days of the amount due, the EIVGINEER may, after giving seven (7} days' written natice ta CITY, suspend ser�ices --- under this AGREEMENT until paid in full, including interest. In tha event af °����� suspension of services, th� ENGINEER shall have no Liability to CITY for �;. .. �� � delays or damages caused the CITY because of such suspension of services. Article �V Ob�igatiaxMs of the ENGIN�ER Amendments to Article N, if any, are included in AttachmenC C. A. General The ENGINEER will serve as �he CTTY's professianaI engineering repiresentative under this Agreement, praviding grofessional engineering consultation and ad�ice and furnishing customary services incidental thereto. S. Standard of Care Ti�e standard af care applicable to the ENGIIVEER's services will be the degree of skill and diligence normally employed in the State oF Texas by parofessional engineers or cansultants performing the sarne or similar services at the time such services are performed. All design plans shall be pre�ared by, or under the direct s�apervisinn of, a Texas licensed prQfessianal engineer who is regular fiill-time employee of the consuitant company. C. Subsurface Tnvestigations (1} The ENGINEER sha31 advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test horings, or oth�r subs�rFace investigations in connection with design and engineering work ta be performed hereunder. 'The ENGINEER shall also advise the CIT� concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CTTY, unless otherwise spe�ified in Attachment A. (2) In soils, Foundation, groundwater, arnd other subsurface investigations, the actual character�s�ics may vary significantly between successive test points and sample intervals and at locations other than where observations, explaration, at�d ivavestigations have been made. Because af the ir�herent uncertainties in subsurface e�aluations, changed or unanticipated underground conditions may occur that could affect the total PROTECT cast andlor execution. These conditions and cost/execuCian effects are not the responsihility of the ENGIlVEER D. Prepaxation� of Engineering Drawings The ENGINEER wilI provide io t11e CITY the crriginal drawings of a11 plans in ink on reproducible plastic film sheets, or as otherv�vise approved by CITY, which shall become the prop�rty af the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall nat be liable for the �se of such drawings for any project other than the PR07ECT described herein. E. En�ineering PersonneI at Constrnc�ioz► Site (I) The presence ar duties of the ENGINEER's personnel at a construction site, whether as on-site xepresentatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties tha� belong to the C�TY andlor ihe CITY's construceion contractors or ather entities, and do not �� relier�e the constructian contractors or any other entity of their obligatians, duties, and responsibilities, including, but not lirnited to, all cons�-ucCion methods, ineans, techniques, sequences, and pracedures necessary for coordinating and completing all portions of the construction wark in accordance with the Cantract Doc�m�nts and any health or safety �arecautions required by such construction v�rork. The ENGIlVEER and its personnel h�ve no authority to exercise any control over any construction contractor or otlzer entity or their employees in connectian with their wor% or any health or safety precautions. (2} Except to the ext�nt of speci�c site visits expressly detailed and set forth in Attachment A, the ENGINE�R or its personnel shall have no obligatzon or responsibility to visit the construction site to become familiar with the progress or quality of the coznpleted �vork on the PR47ECT ar to determine, in general, if the work on the PRO]ECT is being performed in a manner indicating that the PROJECT, when completed, wiIl be in accordance with the Contract Documents, nor shall anything in the Cantract Docuznents nr the agreement between CIT� and ENGINEER be constr�ed as requiring ENGINEER to make e�austive or continuous on-site inspections to discover latent defects in the work or otherwise check the quaiity or quantity af the work on the PROJECT. If, for any reason, the ENGIN-EER should make an on-site obsarvation(s}, on the basis af such on-site observations, if any, the ENGINEER shall end�avor to keep the CITY informed af any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) Wh�n prafessional certification or perfarmance or characterist�cs of materials, systems or ec�uipment is reasonably required to perform the serviees set forth in the Scope of Services, the ENGINEER shall b� entitled to rely upon such certificatian to establish materials, systems or equipment anid performance criteria to be required in the Contract Documents. F. Opinions af Prabable Cost, Financial Co�siderations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current availablc; infoarn�atian at the time af preparakion, in accordance with Attachment A. (2) In pro�iding opinions of cost, financial analyses, economic feasibility projections, and schedules for the FR07ECT, the ENGTNEER has no control over cost or price of labar and rnaterials; unknown or latent conditions of existing equipment or structures tha� may affect aperation or maintenance costs; competitive bidding procedures and rnarket cnnditions; time or c�ualify or performance by third parties; quality, type management, or direction of operating personnel; and other econ�mic and operational factors that may materially affect the ultimate PROJECT cost or schednle. Therefore, the ENGINFER makes no warranty that the CITY's aetual PR�JECT cnsts, financial aspects, economic feasihility, or schedutes will not vary frazn the ENGINEER's opinions, analyses, projections, ar estimates. G. Construction Progress Payments Recommendations by tha ENGINEER to the CITY fox periodic construction progress payments to the construction cantractor will be based on the ENGINEER's knowledge, information, and helief from selective sampling and observation that the �� wark has progressed to the point indicat�d, Sueh reconnmendaiions do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction eontractor has cnmpleted the work in exact accordance with the Cantract Documents; that the finaI wor�C will he acceptable in all respects; that the ENGiNNEER laas 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; ar that ihere are not otla�r ma�ters at issue between the CITY and the constrUction contractor that affect the amount that should be paid. H. Recard Drawings Record drawings, if required, will be pre�ared, in �art, on the basis of information campiled and furnished by others, and may not always represent the exact location, type of variaus camponents, ar exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for ar�y errors or orr�issions in the informatian from athers that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation (1) In accord with the City af Fort Worth Ordinance No. 11923, as amended by Ordinanee 13471, the CITY has goals for the participatian of minor�ty business enterprises and woman business enterprises in CITY contracts. ENGINEER acknawledges the NJ/WBE goal established far this cantract and its car�nitment to meet that goal. Any misrepresentation of facts (other than a negligent anisrepresentation) and/or the commission of fraud by tl�e ENGINEER may result in the termination af this agr�ement and debatment from partieipating in CITY cantracts for a period of time of not less than ihree (3) years. (�) The percentage goaI for Disadvantage BuS1I1�55 Enterprise participation in the wor�C to be performed under ihis contract is zaro (0%) percent of the cantract amaunt. J. Right to Audit (1} The Ciry shalI have the exclusive right to examine the books and records of the Consultant ft�r the purpose of checking the aznount of worl� performed by the Consultant at the time of contract termination. The Consultant shall maintain aIl baoks, documents, paperrs, accounting records and oth�r evicience pertaining to cQst incutred and shall make such materials available at its office during the contracC period and for four (4) years from the date of final payment under ttus contract or until pending lirigatian has been connpletely and fully resalved, whichever occurs last. The CiEy or any of its duly authorized representatives, the Texas Departm�nt of Transportation, the Faderal Highway Adrriinistration, the LTnited States' Department of Trans�ortatian Offiee of Inspector General and the Comptroller General shall have access to any and all books, documents, papers and records of the Consultant whieh axe dir�ctly pertinent to this contract for the purpose of makin� audits, examinatians, excerpts and transcriptions, (2) ENGINEER furthar agrees to include in all its subconsultant agreements hereund�r a provision to the effect fourr (4) years after final payment under Che subcontraet, ha�e access to and the right to examine and photocopy any dirrectly pertinent boaks, documents, papers and records of suc� subconsultant, invalving irans�ctions to the subcontract, and further, that th� CITY shall have access during -�- narmaI working hours to all neeessary subconsultant facilities, and shall be provided adequate and appropriaie wark space, in arder �o canduct audits in compIiance with tk�e provisions of this artzcle together with subsectian (2} hereof. CITY shall give subconsultant reasonahle advance notice af intended audits. (3) ENGINEER and subconsultant agree ta photocopy such documents as may be requested l�y tke CITY. The CITY agrees to xeimburse ENGINEER for the cost of copies at the rate published in the Texas Administrati�e Code ir� effect as of the time copying is performed. K. ENGINEER'S Insurance {1) Insurance coverage anc� limits: ENGINEER shalI pra�ide to the CITY certifxcate(s) af insuranee documenting policies of the fallovving coverage at minimum �imits which are to be in effect prior to commencement af vaork an the PR�JECT: Commerciai General Liability $1,00O,OOQ each occnrrea�ce $1,000,000 aggregate Autamobilc Liability $1,00O,OOQ each accident (or reasonably equivalent limits of caverage if vvritten nn a sp�it lirnits basis}. Coverage shall be on any vehicIe used in the course af the PROJECT. Worker's Compensation Coverage A: statutory limits Caverage B: $1QO,O�D each accident $500,Q00 disease — policy limit $100,000 disease -- each ez�nployee Professional Liability $1,DOQ,000 each claim/annual aggregate (2} Certificates of insurance evideneing that the ENGINEER has obt�ed alI required insuranee shaIl be delivered to t�e CITY prior to ENGINEER proceeding wikh the PRDJECT. (a) Applicable policies shall be enforced to name ihe Cl'T'Y an Additional insured thereon, as its interests may appear. Th� t�rm CITY shall inclnde its emplayees, officers, officials, agents, and volunteers as C�S�?eG�S L�"l� CO?1�T1Ct�C� 5�I'V1CB5. (b) Certificate(s} of insurance shall document that insurance coverages specified according to Seetion K.(1) and K.(2} of this AGREEMENT are prQvided under applicable policies documented thereon. (c) Any failure on part oi the CITY to request required insurance dacumentation shaLl not constitute a wai�er of the insurance requirements. (d) A nr�inirnum of thirty {3�) days notice of cancellation, non-renewal or material change in cover�.ge shall be pro�ided to the CTTY. A ten -5- (10} days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGTNEER's Insurance policies. Not'rce shall be sent to the respecti�e Department Director (by name), City of Fart Worth, 100D Throckmorton, Fort Worth, Texas 76102. (e) Insuxers for alI palicies must be authorized ta c�o bnsiness in the Srate of Texas or be otherwise approved by the CITY; and, such insuz-ers shall he acceptable to the CTTY in terms of their financial strength and solvency. (� Deductible limits, or s�lf insured r�ten�ons, affecting insurance required herein may be acceptable to the CITY at it5 sole discretion; and, in lieu of traditianal insurance, any alternative coveraga maintained through insuxance poals or risk retEntion groups must be also approved. Dedicated financial resources or letters of credit tx�:ay also be acceptable to th� CITY. (�) AppIicable palicies shall each be endorsed with a waiver of subrogatiQn in favor of the CITY as respects the PRQJECT. (h) The CITY shaIl he entitled, upan its request and withaut incurring expense, to review the ENGIlVEER's i�surance policies including; endorsements thereto and, at the CITY's discretian, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exeIusions by enc�.arsenr�ents unless such are appxoved by the CITY. (�) The Professional Liabzlity insurance policy, if written on a claims made basis sha11 be maintained by the ENGINEER for a minimum two (2} year �eriod stzbsequ�nt to th� term of the respecti�e PROJECT contract with the CTTY unless such coverage is pravided th� ENGINEER on an occurrence hasis. (k) The CTTY shali not be respansible for the direct payment of a�y insurance prenuums required by this agreement. It is understood that insurance eost is an allowable component of ENGINEER's overhead. {1} All insurance required in Section K., except for the Professional Liability insuranc� policy, shall be written on an occurrence basis in arder ta be approved by t�e CITY. (m) Subconsuliants ta the ENGINEER shall be requi�ed by the ENGINEER ta maintain the same ar reasonably equi�aient insurance coverage as required for the ENGINEER. When insnrance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereaf on a certificate af insurance. Notwithstanding anything to the contrary contained herein, in the �vent a subcansultant's insurance coverage is canceIed or terminated, sueh cancellation or termination shall not constilute a breach by ENGTNEER of the Agreement. L. Independent Cansultant i:� The ENGINEER agrees to perform all services as an independent consultant and not as a subcanCractor, agent, or employee of th� CITY. M. Disclosure The ENGINEER acknowledges to the CI`I'Y that it has made fulI 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 PR�JECT and business relationships with abutting property owners. The ENGINEER further acknowledges that it will make disclosure in wriiing of any conflicts of interest whic� develop subsequent to the signing of this cantract and prior to final paytnent under the contract. N. Asbestos or Hazardous Substances (1} Ii asbestos or hazardous substances in any forrn are encauntered ar suspected, t1�e ENG]NEER will stop its own wark in the affected portions of tt�e PROrECT to permit testing a�d evalua�ion. (2) If asbestas or other hazardo�as substances are suspected, the ENGINEER will, if requested, assist th�; CITY 'rn obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Anthorit�es — Design Changes If permitting authorities require design changes so as to connply with published design criteria and/or cnrrent engineering practice standards which the ENGINEER should have been aware of at the time thfs Agreement was execuied, the ENGINEER shall revise plans and specificatians, as required, at its own cast and expense. However, if design changes are required due to the changes in the perr�xuitting authorities' publisheci design criteria and/or practice standards criteria which are published after the date of this Agreement which khe ENGINEER cauld not have been reasonal�le avaare of, the ENGINEER snali notify the CTTY af such changes and an adjustment in compensation will be made thraugh an amendment to this AGREEMENT. P. Change� in WQrk: ENGINEER shall make such revisions in the work included �n this contract that has been completed as are necessary to correct errars appearing therein when required to da so by the City without undne delays and additional casi to the City. Tf the City finds it n�cessary ta requ�st changes ta previously satisfactoriiy eompleied work or parts thereof, ENGINEER shall make such revisions if requested and as directed by the City. Tlus will be considered as additioz►al. work and paid for as specified un�er Additional Work. Q. Additional Work: Wa�k not specifically described under "Scope of Services" must be approved by supplemental written agreement to this con�ract by ihe City before ENGINEER undertakes it. Tf ENGINEER is af the opinion that a�y work it has heen direeted ta perfarm is beyond the scope of this a�reement and con.s�itutes ex�ra work, ENGINEER shall promptly notify the City in writing. -7- In the ev�nt the City finds that such work does constitute extra work, then the City shall so advise ENGINEER, in writing, and shall provide extra compensation to the ENGIlVEER for doing this work on the saYne basis as eovered under Compensation and as provided under a supplemeniaJ. agreement and perfarrned bq tl�e ENGINEER. Any contract modification sl�all require T�OT approval priar to beginning the additional work. Article V Obligations of the Cxty Amendments to Article V, if any, are includeti in ACtachment C. A. City-Fuurnished Data The CITY will make availab�e to the ENGINEER all technical data in tl�e CITY's p.assession relating to the ENGIlVEER's ser�ices on the PROJECT. The ENGINEER rr�ay reiy upon the accuracy, timeliness, �nd completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facili�ies �ccessible to the ENGINEER as required far t�ae ENGINEER's perfo�rmance of its services and wilI provide labor and safety equipment as required by the ENGINEER %r such access. The CITY will �erform, at na cost to the ENG]NEER, such tests of equiprnent, machinery, pipelines, agd other components of the CITY's facilities as may be required in connection with the EN�GINEER's services. The CITY will be respans�ble for all acts of the CITY's personnel. C. AdverHsements, Permits, and Access Unless nth�rwise agreed to in the Scop� of S�rvices, the CTT'Y will obtain, arrange, and �aay far all ad�ertisements for bids; permits and licenses requir�d by local, state, or federal authorities; and laud, easements, rights-of-way, and access necessary far tlae ENGINFER's services or PROJECT construction. D. Timelp Review The CTTY will exarnine ihe ENGIlVEER's studies, reports, sketches, dravvings, specifications, proposals, and other dacuments; obtain advice af an attorney, insurance counselor, accountant, auditor, bond and finaneial advisors, and other consultants as the CITY dee�ns appropriate; and renc�er in writing deeisians required by the CITY in a timely manner in aceorda.nce with the project scheduie in Attachment D. E. Prompt Nofice The CTTY will give prarnpt notice ta Che ENGIlVEER whene�er CITY observes or b�comes 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 contractvrs. F. Asbestos or Hazardous Substances and Indemnification -8- { 1) Ta the maximum extent permitted by law, the CITY wi11 indemnify and release ENGINEER and its officers, employees, and subcontractors fram all claims, damages, losses, and costs, including, but not limiCed to, attorney's %es and litigation expenses arising out of or relating to the presence, discharge, release, or escape vf hazardous substancas, contamuinants, or asbestos on or from khe PR0IECT. Nothing contained herein shall be construed to require f.he CTI'Y to levy, assess or collect any t� to iund this indemnifieation. (2) The indemnification and release requiz�ed above shall not apply in the avent the discharge, release or escape of hazardous substar��es, cantazninants, or asbestos is a result of ENGINP.ER's negligence or if such hazardous substanc�, conta�ninant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemni�cation an� Claims The CTTY agrees to include in all construction contracts khe provisions of Article N.E. regarding the ENGINEER's Personnel at Construction Site, and provisions pro�iding contractor indemniiication of the CITY and the ENGINEER for contractor's negiigence. H. Contractor Claims and Third-Party Beneficiaries {1) The CITY agrees to includ� the folIowing clause in aIl contracts with construction contractars and equipment or materials suppliers: "Contractors, subcontractors and equiptxtent and materials suppliers on the PROJECT, or their sureti�s, shall maintain no direct action against the ENGINEER, its officers, emplayees, and subeontractors, for any claim arising out af, in cannection with, ar resulting from the engineering services performed. Only the CTI'Y will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no right or benefits to anyone other than the CTTY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with ariy other �ntity or person regarding the PROJECT a provision that such entiry or person shall have no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this section V.H, shall be conskrued as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insuranc� (1) The CITY may maintain property insuraince an certain pre-existing structures associated with the PROrECT. (2) The CITY will ensure that Builders Risk/3nstallation insurance is maintained at the replacement cost value of the PROJECT. Th� CTTY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. � (3) Th� CITY will specify that the Builders Risk/InstalIati�n ins�rance shall be camprehensive in coverage appropriate to the PROrECT risks. J�. Litigatian 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 liYigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGTNEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The C�TY may make or apprave changes within the general Scope of 5ervices in this AGREEMENT. Ii such changes af%ct the ENGINEER's cast of or time requir�d far performance of the services, an equitable adjvstment vwill be made through an amendment to this AGREE1WiENT with agpropriate CTTY approval. Article VY General Legal Provisions Amendments to Article VI, if any, are included in Attaehment C. A. Anthorization to Proceed ENGINEER sk�a11 be authorized to proceed with this AGREEMENT upan receipt of a written Natice to Proceed from the CTTY. B. Reuse of Projeci Dacumen� AIl designs, drawings, specifica�ions, documents, and other work products of the ENGINEER, whether in hard eopy or in electronic Form, are instrunaents 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 th� CTTY of any such instrunnents af service without the written permission of the ENGINEER will be at the CITY's sole risk. The iinal designs, drawings, specificaiions and documents shall be awned by the CITY. - ro- C. Force Majeure The ENGINEER is nat responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other evenis beyond the control of the ENGINEER. D. Terminaiian (1) This AGREBMENT may be terminated only }�y the Ciry for can�enience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY ar the ENGINEER for cause if either party fails substaniialIy to perForm through no fault of the other and does not comrnence correction of such nonperformance within iive (5) days of w�itten notice and diligently cflxnplete the carrectian thereafter. (2} If this AGREEMENT is terminated for the conv�nience nf the CITY, the ENGINEER will be gaid for termination expenses as follows: (a) Cost af reproduction of partial or complete sEudies, pIans, specifieations or other forms of ENGTNEER's work product; (b) Out-of-pocket expenses for purchasing storage containers, micro�lm, electronic data files, and other data storage supp[ies or services; (c) The time r�quirements for tha ENGIlVEER's pe:rsonnel to dacument the work underway at the time the CIi'Y's temunat�on for convenience so that the work eifart 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 CTI'Y's appraval will be obtained in writing priar to proceeding with termination services. E. Saspension, Delay, or Interraption to Work The CITY may suspend, deiay, ox inter�rcipt the services of khe ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PR07ECT's schedul�, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indem�ication (1} The ENGINEER agrees to indetnnify and defend the CITY from any loss, cost, or expense ciaimed by third parties for property damage and bodily injury, including death, caused sole3y by the negli�enc� ar wi11Fu1 miscanduct of the ENGINEER, zts ernployees, officers, and subcontractors iui connection w�th the PRDrECT. (2) If the negiigence or willful rziisconduct of bath 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, cvst, or expense shall be shared between the ENGIlVEER and the CITY in proportion to their relati�e degrees of negligence or wiliful rnisconduct as determined pursuant to T.C.P, & R. Cade, seetion 33.011(�) (Vernon Supplement 1996). -ll- G. Assignment Neither party will assign all or any part of this AGREEMENT vvithout �he prior written consent af the other party. H. Interpretatian Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to a11 the different theories of recovery, incIuding breach of contract ar warranty, tart including negiigence, strict or statutory liability, or any ather cause of action, excegt for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mearas the C�'I'Y and the ENGINEER, and their officers, employees, agents, and subcontractars. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performanc�, and any other clairns related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant CaUnty, Texas. ,T. Alternate Dispute Resolutian {]) All claim�, disputes, and other rnatters in questian between the CITY and ENGINEER arising out of, or in conn�ction with this AGREEMENT or the PROJECT, ar any breach of any obligation or duty of CI'TY or ENGIlVEER hereunder, will be submitted ta mediation. If inediation is unsuccessful, the ciaznn, dispute or other matter in questions shall be submitted to arbitration if both parties acting re�onably agree that the amount of the dispute is likely ta be less than $50,000, exclusive of attorney's fees, costs and �xpenses. Arbitratian shall be in accordance with the Construction Industry Arbitra#ion Rules of rhe American Arbitration Associa�an ar ather applicable rules �f the Association then in effect. Any award rendered by the arbitrators less thaz� $SO,OaO, exclusive of attorney's fees, costs and expenses, will be final, judgement may be entered thereon in any court having jurisdiction, and will not be subjeet to appeal ar modification except ta the extent permitt�d by Sections 10 and 11 of the Federal Arbitratian Act (9 U.S.C. Sections 10 and 11) (2} Any award greater than $50,000, exclusive af attorney's fees, costs and expe�ases, may be litigated by either party an a de nava basis. The award shall become final ninety (90) days from the date same is issued. If litigation zs filed by either party within said ninety (94) day period, the award shall become null and void and shall not he used by either party for any purpose in the 3itigation. K. Severability and Stxrvi�al If any of the provisions contair�ed in this AGREEMENT are held far any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability wiI1 nat affect any other provision, ar�d this AGREEMENT shaIl be constnzed as if such in�aIid, illegal, or Unenfarceable provision had nev�r been -i2- �e L. contained herein. Articles V.F., VI.B, VI.D, VI.H, and VI.J shall sur�ive termination of this AGREEMENT for any cayse, Observe and Camply ENGINEER shall at all time observe and comply with all federaI 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 camply with all orders, laws, ordinances and regulations which may exist or rnay be enacted later by governing bodi�s having jurisdiction or authority for s�ch enactment. Na p�ea of misunderstanding or ignorance khereof shall be considered. ENGINEER agrees ta defend, indemnify and hold harmless CITY and all of its officers, agents and �mployees fram and against alI elaims or liability arising out of the violation of any such order, law, ordinance, ar regulation, whether it be by itself ar its employees. Ar�icle VII Attachments, Schedules, and Sigr�atnres This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all pcior written or oral understandings, and may only be changed by a written amendment ex�cuted by ho�h parties. The following attachments and schedules are hereby made a part nf this AGREEMENT. A�tachment A— 5cope of Services Attachment B — Compensation Attachrrient C— Amendments to Standard Agreement for Engineering Services A,1'�'�ST: ->-�--�-�-�-- - , Cxlaria Pears�o�� City Secre,�ary APPRO�'ED AS TO FORM AND LEGQ IT�, Y � �_�� Gary Steinberger Assistant City Attorney � R.�. Kalmbach D3.rector, Contracts Sonthwest Research �mstitute C� OF O WO Bv' . Mar� oct U �� Assistant City anager APPROVAL RECOMMENDED ��� ��� Robert Goode, P.E., Direceor Transportation and Public Works Vice-Presid�nt .. , . _� -13- Cont�ract �►uthari����,�r� ' - ,• � — - ' ' . , ,�.._,� Da�e � __ --- �i �u,��a��:�'° .� � , :ti.� Attachment A SC�PE QF �ERVICES �`�:M��1�� --� 1[I] ��ii i .'�'� CMAQ 4, COMMUNICATIONS MASTER PLAN (Traffic Management Center to Field Devices) CS.T#0902-48-333 P�epared for�: The City of Fort Worth Transportatxon and Publie Works Department Traff c Engzneering Di�rision 1000 Throckmortoz� Street Fort Worth, Texa� 76102 SwRI 1110. I4-34548 Prepared by.' Southwest Reseaxah Instiitut�TM 6220 Culebra Road San Antonio, Texas 78228 Mark E. Moczygemba, P.E. Gary L. Ragsdale, Ph.D. November C, 2002 � -�v' Gary L. R.agsdale, Pr i al Engineer Co�unications Engineering Department ��ls�---- Leslie B. Hoffrnan; Vice President Automation and Data Systenn.s Divi sion -13- Introductfon The City af Fort Warth Transportalion and Public Works Department has selected Sau�hwest Research InstituteTM (SwRl�} as ihe consultant to provide prof�ssianal engineering services to perform studies and design for the development of a Communications Master Plan. The selection of SwRi was based on its respanse to The City af Fort Worth's request for a State�n�nt of Qualifications (SOQ) and follow-up interviews. This project is for the c�evelopment �� a cornmunications master plan to set forth a strategy far design and irnplementation of a citywide intelligent transportation system (7TS) and traffic device communicatian system. Tl�is project will examine existing methods as wall as explore and develop improved communication methods between traffic field de�ices and the Traffic Managemeni Center (TMC). Basic concepts include: � The system should be ow�.ed and apexated by the City to miiumize reoccurring aperating casts. � The design should utilize existing City-owned infrastructure where passible ta in:�pro�e the effec�iveness of capital investment. Collabaratian with other city departments shall be evaluated ta maximize shar�d resources. • The study shall review, evaluate, and idez�tify communication methods to traffic signal cont�ollers, traffic cazneras, and posszble future traf�c devices. Section 2.0 that follows describ�s the tasks to be perforr�ed by SwRL These task descript�ons axe the results of negotiations between The City of Fort Worth and SwRI after SwRI was selected as the cansul�ant. 2.0 Project Tasks and El�ments The Communication Master Plan consists of a set of tasks. Some tasks consist of �vo or mare subtasks referred to hence forward as "elements." The following sections describe �he tasks and elernents comprising the Communications Master Plan. 21 Project Tasks SvyRI proposes a process for the de�elopment of The City o� Fort Worth Communications Mastex Plan (the Plan) using SwRI's experience and proven methods for tecl�nology ev�uataon and deployment. SwRI's standard processes invalve the fo�lowing tasks: 1. Qperational Concept De�inition 2. Functianal Requirements Definitio� 3. System Analysis �-. System Design 5. System Deployment Suppoxt 6. Project l�Ianagement -14- The Cornrnunications Master Plan — System Aaalysis task will consist of ihe following task elements: 1. Camrnunications System Evaluation 2. Centralized Traffic Signal System/Traffic Signal Controller Evalua�ion 3. Traffic Camera Evaluation During the course of the d�velopment steps, SwRI will produ�ce presentations, conduct interviews, perform experiznents, az�d hold demonstrations. Project tasks will produce a portion of the Cammunicaiions Master Plan as a pxoject deliverable ar update a portinn of the Plan produced during an earlier step. The results of the steps will be sunnrm:arized witkzin the Plan as camprised by the deliverables Iisted in Section 4.0. 2.� Plan Time Line The P1an will pro�ide an evoluixa�aary roadmap for tl�e City's ITS communication infrastructure for a forecasted period of time called the "PIaCI T1ri1E L1T1�." 3.0 Comrnunications Infrastrueture Development Plan SwRI proposes a process fc�r the development of The City of Fart Warth CQmmunications Master Plan using SwRT's experience and prover� methods far technology evaluation and deployment. 3.1 Task 1— O�eration�l Concept Definition SwRI will mset with City personnel and other infrastructure stakehalders (e.g., system users, �roviders of infrastzucture, system operatars, system maintainers, system suppliers, TxDOT, City IT Solutions Depa�rtn�enfi) to define a detailed operational concepi for the Ciiy's ITS communicatian infrastructure. SwRI �i11 look far possibilities and options to share comrnu�icatian resources with other City departments. The aperational cancept will enco�pass communicatior� requirements for the following applicatiflns within the Plan Time Line: o Centralized Traf�c Signai System softwar� • Traffic signa.l controllers • Trai�ic cameras � Video detection systems • Dqnamic rnessage signs (DM5) � Data distribution to mobile traffic personnel SwRi will assemble the operational needs, capabilities, autstanding issues, and future requirements into an overall vision of how the new infrastr�cture should operate, what services it should provide, and where i� should be deployed. SwRI wi11 make presentations on its findings to ihe City and ather inFrastructure stakeh�]ders. Feedbac� ohtained during the presentations wili refine the operatianal concept. SwRI's goal will be to �chieve a broad caz�sensus among the variaus infrastructure stakeholders regarding th� operational capabilities of the cQmmunicaiions i�afrastructure. SwRI will dacument the results in an "Opexational Cancept Document." -15- 3.2 Task 2— hxnctional Requirernents Definitian SwRI understands that ihe comrnunieatian infrastructure �nust support the City's legacy of �xisting equipment and applications while gracefi�lly incorparating new technoJogy. The Czty wishes to incorporate new technology that economically addresses ne�v applicarion req�irements and system growth. The City and SwRI will mutually agree to the Plan Time Line {e.g., the next five years) that defines the number of years over which the Plan will apply. SwRI will define the functional requirements of the communicataoz� i�frastz-ucture within khe Plan Tirne Line. SwRI staff will defne legacy support requirements for existing systems, methods for using available infrastructure, functional requiremen#s to support new applications {e.g., vehicle detec�ion, video surveillance, TCP/IP communication), and plann�d implementation of new devices (e.g., Type 2Q7Q traffic signal contrallers). SwRI staff wilI consider new commun.ications infrastructure applicati�ns, c�mmunications infrastructure alternatives, plans to extend communication coverage citywide, and opportunities ta share or develop comrnunication infrastructure with other city de�artments or other agencies. SwR� will interact with the City througnout the study, sharing its findings and �eeking the City's insight into the functional requirements of the communication infrastructure. SwRI �rill summarize the fi��ctaonal requirements with briefings to the City atld within a"Functional Requirements Document." 3.3 Task 3-- Systems Ana�ysis Task 3— Systerns Analysis consists of four elements as described in the follovving sections. 3.3.1 Element 1— Communications �ystem Evaluation SwRI will evaluate the operational performance and reliability �f the City's e�cisti�g traf�c controIler cornrnunications infrastructure to determine if systems like CATV az�d u�ive�sal twisted pau- (UTP) wiring are adequate to be a part of the overall Plan recommendation. SwRi's system analysis will evaluate new communication siandards and products, which if employed, will lead to an arderly and econo�ical evolution of the infrastruct�re using mainstr�am technalogies. SwRI will survey the communications industry and evaluate the caran�unications requirements of products that will be available during tlze Plan Time Line. SwRI will evaluate �he fallowing technologies far their ability to meet the City's requirements: � CATV transmission systems (e.g., existing FDM eable modems, DOC�IS cable modems) � Universal twisted pair {UTP} traz�smission systems (e.g. e�isting Central Business District (CBD) twisted pair cahle) � Fiber optic transmission systems {e.g., any existing, shared use �vith other governm�nt agencies, pzivate telecom providers, or nevv plant constructiou) • Wireless transmission systems (e.g., established City frequencies ar�d e�ist3ng wireless znirastruciure, City-owned WAN extensions, spread spectrum, cellular) -16- Product evaluations will seek to avoid technalpgies that lead to premature obsalescence of new equipment investments, premature disposal of existing equipment, o:r sale souarce supplier solutians. Prqduct evaluatzons wilI seek products that employ open 5ta.11C�aTC�S, encourage competitive manufacturer procurements, and prov�de the greatest assurance of being iu the industrial mainstream during the Plan Time Line. SwRI wi11 evaluate alternative transmissian methods (e.g., metallic cable, fiber, wireless, leased s�rvices), seeking a beneficial combinatian of functianal capability, coverage, capacity, and cost. SwRI will shar� its findings with the City during meetings and working sessions. 3.3.� Element �— Centralized Traf�ic Signal S�stem/Type 20'�0 Tra��c Signal Cont�roIl�r Evaluation The City's current traffic signal 5ystem is composed of the centz'alized traffic signal systerri saftware, BI Tra�s QuicNet4, Type 17QE controllers, and BI TramS Program 233 lacal controller softwaze. SwRI vvill evaluate available upgrades to ar�y of the three components to better incorporate communication alternatives. SwRI will consider a plan to use the legacy traffic signal syst�m and a transitian pian based on Type 2Q70 controllers, Type 207d local contxoiler software, and Type 2Q70-compatible BI Tra�s Q�icNet software. Migratian to future versions af BI Trar►s QuicNet and any improved communication asp�cts will be eonsidered with respect to the prajeet goa.ls and the Plan Time Line. SwRI will surnmaz'ize its evaluation and recommendations within a"Centralizec� Traffic Signal Sysiem/Traffc Signal Controller Cammunications Evaluation" documeni upon cornpleting the proj ect elernent. 3.3.3 Element 3— Traffc Camera Syste�m Evaluatian The City wishes to increase its use of traffic carneras to ob5erve traffic conditions. SwRI will evaluate how traffic cameras and associated devices will impaci the communicatifln infrastr�acture. SwRI wiIl evaluate options for cameras, codecs, and madems f�r transmitting video fram fir�c surveillance cam�ras to the TMC. The evaluation vvill consider the existing traffic caznera system and communication infrastructure issues like interoperability with TxD4T video codees and compatibility with c�rre�t oar pz'opased switching systems. SwRI will produce a"Trafiic Camera System Recommendation" document summarizing SwRL's evaluation and recommendations. 3.4 Task 4—Communication System De�elopm�nt Task �— Communica�ion Systern Developmen� consists o� fiwo elements as described in the following sectian. 3.4.1 �lement 1— Communicat�on System Design SwRT will work with the City to design a communication architeeture that eneompasses the operationa! concepts and functional requirements of the City's TTS infrastructure. SwRi will reeommend iugh valne products that represent gaod trade�ffs between functianality and cost. Selected products will become a p�t af an architectural design that supports both l�gacy -17- requirements and neu� applications. Wh�re practical, SwRI �oviIl employ available infrastructure and services to reduce operating costs and capitaI investments. The design will support exzsting; applications (e.g., Type 170E controllers). It vvill support new ITS applications, which may include traf�ic cameras, DMS, or mabile devices {e.g., laptop computers, personal data assistan�s). SwRI will share its ideas with the City during architectural design. The design and product selections wi11 be a doc�mented part of the "Communication Architecture Design" document. 3.4.2 Elem�nt 2— Plan Implementation Forecast SwRI will forecast the cost of deploying the new arcl�itecture over one or rnore deplayment phases as l�ounded by the Plan Time Line. City funding forecasts, expected availability of new technology, the expected life of e�isting equipment, and other lagis#ical considerations �wi11 provide definitions to phase boundaries, scape, az�d taming. SwRI's forecast will eulanr�ianate into an infrastructure deployment farecast that predicts the tizning of equipment implementations, budgets, and requirements satisfied by each deploy�nent phase. SwRI will see� feedback and eansensus from the City and other stal�eholders through me�tings and presentations. T�e resulting ir�frastructure deploym�nt forecast will be dacumented in a "Deployment Cost Estimate'° as an integral part of the Plan, 3.S Task S— Communication System Deployment Support SwRI will supply deplayment sUpport for the various project elements. Bas�d on the results of th� study, SwR� wil�: � develop generic site irnplernentation plaz�s, • recommend open sourc� procurement procedures, • provide technical speci�icaCions as input to procur�m�ut specifications, and o grovide lists of reco�unended products and praduci sources. SwRI wi11 deliver a"Generic Site Implementation Plan" containiug technical speci_f'ications, equipment lists, and bloek diagrams applicable to typical City sites (e.g., traffic management center, trafiic signal contraller). The lists and diagrams will describe typical installations of products at typical City sites as z'ecammended by the Communications Master P1an. 3.6 Task 6— Project Management SwRI will pravide project managemenk oversight fox all project elements within the Communications Master Plan. SwRI siaf� will provide moz�thly status reports and monthly bziefings fhat describe the grogress and results of work performed by SwRI and its subcontractars. SwRI will provzde monthly invoices for wor�C accomplished during the prior month, Each invoice will provide a breakdown of costs by Communications Master P1an task. 4.0 Communications Master Plan Deliverables Summary Tbe following list sum�narizes the deliverables described in the earlier section.s: I. Monthly Staius Reparts and Briefings -18- 2. Operatianal Concept Document 3. Functional Requirements Document �. Comm�znicatian Architeciure Design 5. Deployrr�ent Cost Estimate 6. Generic Site Implementatiazz Plan 7. Centralized Traffic Signal System/Traffic Signal Contraller Communicatians Evaluatinn $. Traffic Camera �ysCem Recommendat�on The City will receive document deliverables in the form af five paper copies and one e�ecironic capy oi each deliverable. �.0 Proposal Assumptions The following sectians descrii�e the task dependencies arid task exclusions that comprise the assumptions upon which SwRI wiIl de�elop the Communications Master Plan. �.1. ProjectDependencies To reduce travel cost, SwRT will pro�ide monthly project status briefings in conjunction vcrith other trips tn the Cit� of Fort Worth, i.e., SwRI will �ot travel to Fort Worih excluszvely f�r ihe pu�pose of delivering a mt�nthly status briefing. Any new applica�az�s that are identified during the study will be considered for incorporation within the communication architecture. Some applications rnay be classified as an application suited to a eenter-ta-centex appliea�ion. 5.2 Task and Activities Speci�cally Not Included in This Scope of Work SwRI is willing to provide additianal services to the City under the Coznrnunica�ions Master Plan if the City authorizes and funds additional tasks. However, available funding constrains Che work to be �erfornned wifihin the Communications Master Plan Scope of Work to those activities described in the preceding sectxons. The �o1lQwing tasks are desired by the City, but are outside the Communications Master Plan Scope of Work for Iack of additional funding: 1, Integration and test of any of the products that SwRI may recomzrr�end during the development ai the Communications Master Plan. 2. Evaluation and design of Type 2070 signal control interfaces, Type 207Q signal sensor interfaces, ar Type 2Q70 signal controller cabinet wiring, 3. Evaluation of video detection system products. . 4. Site-specific implementation p�ans, wiring diagrams, or otl�er site-speciiic documentation. -19- Attachrnent B COMPENSATION The Engineer shall be compensated a total nat to exceed a�nount oi $ 377,U00 for the project. This payment shall be considered fiill campensation for the services described in Attachnzent A far all labor, materiais, supplies, and equipment necessary to complete the services. The Engineer sha11 submit mon.thly invoices to the Czty �or al.l woxk periarmed under this agreement set forth in Article III, Terms of Payment. The monthly inv'oices will contain a d�scription of the tasks performed for that particular month, cost expended for each task, amount budgeted for each task, portion of budget amount expended, pr�via�s billing totals, and totals for invoiee. SCHEDULE The ENGINEER will cQmplete the scape a� services outlined in ATTACHMENT A within ten (10) months following recezpt of Notice to Praceed �rom the CTI'Y. -24- � ATTACI�VIENT C AMENDIVI�NTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES CMAQ 4, COMMUNICATI4N5 MASTER PLAN (Traffic Manage�nent Center to Field Devices} CSJ#090��48�333 The following madifications are znade to the Cit�r of Fort Warth Standard Agree�nent far Engineering Services: Page 2, Paragraphs C� and C2, Subsurface Inves�igatiQns: These two paragraphs are deleted as they ar� not applicafale to the work being performed. Pag� 5, Paragraph (2)�a): In line on�, between the words "policies" and "shall" z�nsert the wards, "except for the pra�essional liability policy." Page 5, Paragraph {2)(g}: Tn line one, between the woxds "policies" and "sha11" insert the words, "except for the professional liability policy." Page S, Paragraph (2) (i): R�place this paragraph with the following: "The Commercial General Liabiliry insurance slaal� include caverage for, but not be limited to, the following: prezn.�ises operatzons, independent contractars, products/complet�d operations, personal injury and contractual liability. Cli�nt will receive copies of all exclusinns. In the e�ent the exclusions are unacceptable and the City desires the engineer to obtain such coverage, the contract price shall he adjusted by the invoiced cost of the insurance premium for such additional caverage plus 10%." Page 6, Paragraph M, Disclos�re : Add the follo�c�ving paragraph to this clause : "To ihe best af its knowledge Southwest Research Institute has no financial interest directly or indirectly in any property, which abuts the praposed project. Southwest Research Institute is not aware of any cantractuaJ obligatians to perform research and development services with any campanies which are lacated on property which abuts the proposed projec�, but Southwest Research Institute has thousands of clients and cannot verify whether or not atay of these clients mig�t ha�e business locations whici� abut the proposed project.,, Page 10, Paragraph D, Termination: A subparagraph (2} (d) is added as follows: (2) (d) "Far those costs reasonable necessary to bring the job ta an ord�rly clase." Page 10, Paragraph E, Suspension, D�lay or Interruption af Wo�k: At the end of the first sentence, following th.e word "CTTY" add, "for a period nat langer thati 120 days." -21- Page � 0, Paragraph F, I�demnification: The following words are added prior to the beginni�g of this paragragh, "To the extent perrrutted by law" -22- �'ity of Fort �o�t�i, T'exas �i�y�r ��d C�u��il C���u�i���ior� . DATE REFERENCE NUMBER LOG NAME PAGE 1/� 4/03 **�_� 94� g� 20MASTER � 1 af 3 SUBJ�CT ENGlNEERWG SERVICES AGREEMENT CNiTN �O�JTH�VE�7 R��EAR�H � I�f�T�TUTE �OR THE DEVEL4PMENT QF A C1TY-WIDE MASTER PLAN F��[ TRA�FiC MA�NA�GENIENT AND COMMUN[CATi�N DEVlCES � RECOMMENDATI�N: � � �t is recommend�d tha# the City Council aut�orize th� City Manager to exec�te an engine�ring services agre�ment vuiti� the Southwest Fiesearch Insti#ute for the development of a Communications Master Plan for the Trafific Mar�agemer�t Sysfem for a fee not to exce�d $3i7,000. �� DISCUSS�Q�J: � _ � �n January 9, 200� (M&C C�18423, City Secretary Contract No. 26626), the City Councif approved a Canges#ion Mitigafion and Air Quality (Cf�/IAQ) Improvemerrt Agreemen� in the amou�t af $400,000 with the Texas DePartmer�t of Transpartation (TxD4T) for a grant program that was funded 80% �y TxDOT ($320,OOa) and 2Q% ($80,000} fram the $45M Certificates of dbfigatior� program issued by the City. This project will be funded as part of tnis grant program. V This project is _fior the development of a master plan to s�t farth a strategy far . design and implem�ntation af an. improved ciiy-wide Intelligen# �Transportatian System (fTS) tra#fic eommunication network. This project wifl determine methads to improve exis#ing communication systems and estabfish impraved new systems for the Tr.affic Management Center (TMCj communicatian ca�nections to on- �street 1T5 �devices (fraffic signals, traf#ic cameras, and other devices}. Rep�eser�tatives of 'the lnformation Technology Solutians Department and the Transportation and Public W�rks �epartmen� {T/PW) worked together durFng development af the concep#, consultant interviews and selection process. � . One goaf af the TMC is �o manage and improve the flvw of traffic on #he City's roadways. � Fram the TNiC, the operation and tim'tng of netwarked traffic signals can be adjusted in rea!-iime in response to roadway incidents. Adj�stments can .afso be made for on-going signal timing improvements on coordinated arter�al streets, Fiv� �ew dawntown traffic cameras wer� in�talled in the summer of 2002, anc� along witf� 3Q ofi TxDOT's freeway cameras, TMC operators are able to �iew traffic flow at o�er 100 signalized intersections and area roadways. Therefore, incidents a�d congestion can be identifiad, carre�tive actions evaluated, and adjeastments made in a timely mar�ner. Of the Gity's 635 traffic signafs, 400 (63%) are connected to the centra�ized computer system in the TMG. Currently, communicatian to traffic signals uses primarily twa methods: City-owned telephone type cable in the downtown area, and coaxial cable from Charter Communicatior�s (Charter} cat�le TV system for the rest of the City. The downtc�wr� connections are very reliabfe. The coaxial connections integ�ated w�th tt�e Gharter system t�aae histcari�ally provided a poor communication rate, many times being irteffective for traffic management. C'ity of �'o�t i�o�~th, T'exas f��yor a�d C�u���l C��r���l���ion DATE RE�ERENC� NiJMBER LOG NAME PAGE 1I14103 j **���g4�5 � 20MASTER � 2 of 3 5U8JECT ENGINEERING SERVlCES AGREEMENT W(TH S�UTHWEST RESEARCH ' INSTITUTE FOR �THE QEVEL�PME�lT Ol� A CITY-WI.DE MASTER PLAN FOR I TRAFFIG MANAGEMENT AND COMMUNICATION DEVICES � Ti�e current TMC communication systems are used primarily for traffic signals and fi�e City trafific cameras in the Centra! Business Disirict. T/PV11 plans to connect afl City iraffic signals to the TMC central traffic sigr�al cflmputer and ta deploy traffic cameras at critical intersections city-wide. Currently, the TMC provides traffic video images to the City's cabfe TV channel far marning broadcasts and also , to the Emergency Operations Center and the Ciiy's new Backup 91 � Cer�ter for ma�ar roadway incident monitoring. Therefore, it is vitaf to improve and/or deveiop new anc� reliable communication methads �o meet the goa! of effiective incider�t management and traffic o�erations. ' Basic cancepts af the praposed Cammunication Master Plan includ�: • Devefop a master plan to identify the best communication optians and equipment availa�le; and � Establish design standards for al! future ITS device installatian projects; and ' • The system should be owned and operated by the Gity to minimize recurrir�g operating costs; and � ' � The design should utilize existing City-owned infrastructure where possible to im�rove the eftectiveness of capital in�estment. Collaboration with other City depar�ments will maximize shared r�saurces; and � � � Look for collaborative opportunities with other departments or agencies to share communication resources. Tne r�sults o# this project will ultimately improve the abifity ot the TMC to effectively manage traffic signal operations, detect. and res�ond to equ�pment failures, and per�orm activities to identifiy and �-respond to incidents fln roadways. The plan will further goals fio r�duce traffic congestia�, reduce the motor vehicle emissions that cantribute to current poor air quaiity, and reduce motor fuel consumptian. After re��ewing the qualifications of several firms, the Southwest ResearcF� Institute was sel�cted �y City siaff as the best qualified t� prepare the Cvmmunicatian Master Plan for a fee not tv exceed $377,0�0. In addition, $23,000 will be reserved for staff iaf�or�and pr�Ject expenses, bringing the to#al project cost to $440,OQ0. Statf considers this fee to be fair anr� reasonable for the scope of s�rvices to be perFormed. Tt�� totaE project is anticipated to take ten months. G`ity of �'ort WoYth, �'exas ���or a nd Cou ��1 � Com r� �� i���ian DAT� REFER�NCE NUMB�R LOG NAME PAGE 1/14103 **�a� 94� � I � 2aMASTER I 3 of 3 suB�Ecz ENGINEERING SERVECES AGREEMENT WiTH SOUTHWEST RESEARCH INSTITUTE FOR THE DEVELQPMENT OF A C1TY-WIDE MASTER PLAN F�R TRAFFIC MANAGEMENT AND COMMUN1CATION DEViCES The consultant will provide the Gity with a Communication Master Plan final report cfacumenting: • Operat�anal concepts; and . • Functional requirements; and • Commu�ication architecture design; and � Deployment cast estimates; and � G�neric site implem�ntation plarrs with technical specificatians; and � Eualuation and recommendatians far majar companenis. � This project meets the City Council's sirategic goals of �ro�iding a safa city, revitalization of the Central City, �romoting arderly growth, improving customar service, ar�d promating a diversified ecor�omic base. M/WBE - Sauthwest Researeh Institute is in compliance with the City's M/WBE Ordinance by committing to 10% M/1NBE partici�ation. The City's goal or� this project is 10%. FISCAL �NFORMATION/CERTiF�CATION: The Finance Director certifies that funds .are availabie in th�. current capital budget, as ap�rapriat�d, af the Grants Fund. I►►[��17 Submitted for City Manager's Office by: Marc Qtt Originating Department Head; Rabert Goode Additionsil Infarmafion Cont�ci: Rabert Goode I F[IND � ACCOUNT I CENTER , A�IDC7N x � CTTY SECRE�'ARY � (to) $476 7804 � (from) � G�7s � � 78Q4 � 539124 02030268'! 0� 0 $377,0�0.00 APPROVED 1/14/03