HomeMy WebLinkAboutContract 32839 ITY SECRETARY`
;ONTRA.CT NO .
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley-Horn
and Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as: Traffic
Signal Modifications for 2004 CIP Intersection Improvements — Contract ll.
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
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of services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
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.
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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
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over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality
of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others,and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (MIWBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this contract
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give subcon-sultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
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A commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned when said vehicle is used
in the course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date
of services to be performed, whichever is earlier. Coverage shall be
maintained for a period of 5 years following the completion of the contract.
An annual certificate of insurance specifically referencing this project shall
be submitted to the City for each year following completion of the
contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten (10) days
notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto ENGINEER's insurance
policies. Notice shall be sent to the respective Department
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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.
(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.
(j) For all lines of coverage underwritten on a claims-made basis,
other than Professional Liability, the retroactive date shall be
coincident with or prior to the date of the contractual agreement.
The certificate of insurance shall state both the retroactive date
and that the coverage is claims-made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability,
shall be written on an occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
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L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Pen-nitting 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.
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Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
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.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes
or becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
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F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(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.
ENGINEERING CONTRACT(REV 4114105)
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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 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
ENGINEERING CONTRACT(REV 4/14/05) �. I
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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 City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
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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.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
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Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose in
the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.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 later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A— Scope of Services
Attachment B — Compensation
Attachment C —Amendments to Standard Agreement
Attachment D — Schedule
Executed this the day of tkajg2C�
ATTEST: CITY OF FORT O TH
r By:
Marty HendrixiS Marc A. Ott AM-
City Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LEG/M7,ITY
Ro ert D. Goode, P.E., Director
Assistan City Attorney Transportation/Public Works Dept.
ATTEST: Kimley-Horn and Associates, Inc.
y:
Rod Swindle ,
Senior Vice Presi ent
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.contract uthori zation
Date
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ATTACHMENT "A"
SCOPE OF SERVICES
TRAFFIC SIGNAL MODIFICATIONS
FOR
2004 CIP INTERSECTION IMPROVEMENTS —CONTRACT II
FORT WORTH, TEXAS
PROJECT PARAMETERS
The following assumptions pertain to the provision of Basic Services:
A. The PROJECT will consist of the following activities, as requested by the CITY:
Task 1.0—Traffic signal design plans, quantities, and special specifications (if
required)for the following five (5) intersections:
• Sycamore School Rd. at McCart Ave.
• Alta Mesa Blvd. at Crowley Rd.
• Hulen St. at Overton Ridge Blvd.
• Golden Triangle Blvd. at Alta Vista Rd.
• SH 199 at Northside Dr.
Task 2.0— Miscellaneous turning movement counts and 24-hour approach or
directional counts at various locations throughout the CITY.
PROJECT is located within the City of Fort Worth, Texas.
B. Record Drawings prepared by others (CITY or representative, TxDOT) will be used
as the basis for any designs associated with the PROJECT. It is assumed that
CADD files will be available and all base files will provided by the CITY.
C. All intersections will be prepared to allow for a single construction contract to be
facilitated by the CITY's Department of Engineering. The plans, standards and any
special specifications will be prepared using English units.
D. Existing specifications and standards supplied by the CITY will be used for design
plans, unless otherwise requested by the CITY in writing. These include:
• City of Fort Worth Transportation and Public Works "Traffic Signal Design
Guidelines, January, 2002".
• "Traffic Signal Plan MicrostationTm Guidelines", symbol libraries, and sample
border layouts.
• Example plan set illustrating desired format for each type of plan sheet to be
developed by the Engineer.
• Example Specifications and Contract Documents illustrating traffic signal
specifications.
TRAFFIC SIGNAL MODIFICATIONS A-1
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACT II
E. CITY will provide traffic accident data for up to three years, if available.
F. CITY will provide determination for provision of a cable TV drop, vehicle detection,
and Opticom equipment.
G. CITY will review plans and provide recommendations in a timely manner.
H. All intersections will be designed to accommodate existing or future pedestrian
activity, including sidewalk ramps, crosswalks, push buttons, and pedestrian heads
as requested by the CITY.
1. The following items will not be required by ENGINEER, but will be supplied by the
CITY or its representative to produce a complete set of plans construction bid use.
• Cover Sheet
• Estimate Summary Sheet
• General Notes Sheet
• Standard Detail Sheets
J. All intersection signal designs will be completed within 45 calendar days after the
CITY issues the Notice to Proceed.
K. All traffic counts will be completed within six (6) months after the CITY issues the
Notice to Proceed.
TASK 1.0 TRAFFIC SIGNAL DESIGNS
The following items will apply for each intersection described above.
This table specifies the requirement for the ENGINEER to provide the following tasks
within this project:
Each Intersection
Yes No
ENGINEER collects 24-hour approach counts
ENGINEER collects AM/Noon/PM peak hour turning movement counts
ENGINEER performs capacity analysis
e ENGINEER prepares existing conditions layout
Sycamore School Rd. at McCart Ave.
Yes No
ENGINEER collects 24-hour approach counts
ENGINEER collects AM/Noon/PM peak hour turning movement counts
ENGINEER performs capacity analysis
TRAFFIC SIGNAL MODIFICATIONS A-2
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACT 11
A. General Tasks
1. Collect all available existing record drawings and CADD file information of the
intersections from CITY files. This should include but not be limited to existing
TPW traffic signal plans, data in traffic signal file, location file, Dept. of
Engineering record roadway plans, Development Dept. right-of-way information,
Water Dept. utility maps, and if applicable, TxDOT roadway plans.
2. If noted above, collect 24-hour approach counts for each approach.
3. If noted above, collect peak hour turning movement counts for peak periods
(peak periods may be determined following the 24-hour approach counts)
including pedestrians and heavy vehicles. The peak period counts shall be
consecutive 15-minute periods at typical peak periods: A.M. 7a.m.-9 a.m.,
NOON: 11:30 a.m. — 1:30 p.m., P.M. 4:30 p.m. — 6:30 p.m. weekdays and 2:00
p.m. —4:00 p.m. Saturday.
4. Prepare accident diagram for latest 3 years of data from accident reports, if
supplied by the CITY.
5. If noted above, for intersections currently signalized, an existing conditions
diagram will be prepared.
6. Create base plan sheets for signal plans from record drawings.
7. ENGINEER shall meet with CITY's representative at each intersection for the site
investigation. Perform reconnaissance of the intersections with respect to visible,
above-ground features to confirm record drawings and determine existing
pavement widths, lane configurations and traffic control devices. Locate power
service and CATV. Determine all utility locations from site investigation and
existing CITY and State plans.
8. If noted above, perform capacity analysis indicating level of service for each
movement at the intersection. A capacity analysis report using the SynchroTm
analysis software is preferred; however other capacity methods are acceptable.
9. Evaluate and design phasing with consideration of capabilities of current City
controller hardware and software operation functions.
10. Prepare and submit a "short report" for the intersection of SH 199 and Northside
Dr. to the City for review and approval. The report shall include:
• a discussion of current conditions, layout diagram of intersection, photo-log of
intersection approaches;
• recommendations for signal design, phasing, and operations;
• address any unusual conditions and provide recommendations to resolve these
conditions; and
• collision diagram (if accident data is provided by the CITY).
TRAFFIC SIGNAL MODIFICATIONS A-3
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACTII
11. PS&E for the above work shall be prepared in accordance with the applicable
requirements for City of Fort Worth plans, details, specifications, standards, and
manuals. The consultant should identify any design exceptions to City of Fort
Worth Standards in the design phase.
B. Plan Development Tasks- Deliverables
1. Develop construction plan sheets including:
• Existing Conditions Layout (for currently signalized intersections) showing
traffic signal poles, detector loops, illumination, conduit runs, wiring diagram,
and signal face locations.
• Traffic Signal Design Layout showing existing utilities, proposed traffic
signal poles and mast arms, pedestrian signal poles, pedestrian signals,
controllers, signal heads, street lights, detector loops or other detectors,
conduit, ground boxes, power sources, cable television Connections, wiring
diagrams, pavement markings, signal phasing plan, hazard identification
beacons, Opticom phase selectors, and all other items required for the
complete construction of the signals.
• Signing & Markings Layout showing existing signs, proposed signs,
existing striping, and proposed striping.
• Sidewalk Ramp Layout showing existing and proposed sidewalks and
ramps.
• Geometric Modification Layout (if applicable) showing intersection
improvements and demolition items.
CITY will prepare record drawings following the completion of the construction
based upon information provided by the Contractor.
2. Develop quantity estimate and engineer's estimate of probable cost
spreadsheets prepared in Microsoft Excel for each intersection.
3. Review General Notes, traffic signal specifications, and Standard General
Provisions supplied by the CITY for applicability and modify (if necessary) for the
respective intersections.
4. Review Meetings: four (4) meetings are anticipated (3-CITY, 1-TxDOT).
5. Preliminary plans: provide three sets of 11" x 17" paper drawings — including
quantity estimate spreadsheet and any revisions for Item 3 above. The CITY will
be responsible for submitting plans, general notes, and traffic signal
specifications to TxDOT for review and comments.
6. Final plans: provide one set of 11" x 17" mylar drawings. Provide three sets of
11"x 17" paper drawings. Provide CD of MicroStation electronic files.
TRAFFIC SIGNAL MODIFICATIONS A-4
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACTII
TASK 2.0 MISCELLANEOUS TRAFFIC COUNTS
The ENGINEER will collect peak hour turning movement counts and 24-hour approach
or directional counts at various locations throughout the CITY. The CITY will identify the
location and number of traffic count locations via written correspondence to the
ENGINEER. The ENGINEER will provide both paper and electronic copies of the traffic
count summary reports. The number of locations will be limited based on the Task 2.0
budget
TRAFFIC SIGNAL MODIFICATIONS A-j
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACTII
ATTACHMENT "B"
COMPENSATION
TRAFFIC SIGNAL MODIFICATIONS
FOR
2004 CIP INTERSECTION IMPROVEMENTS—CONTRACT II
FORT WORTH, TEXAS
I. PROFESSIONAL ENGINEERING SERVICES
For all professional engineering services included in ATTACHMENT"A" (Scope of Services,
Traffic Signal Modifications for 2004 CIP Intersection Improvements — Contract II), the CITY
agrees to pay the ENGINEER a lump sum fee of$53,500.
II. BASIS FOR COMPENSATION
The CITY shall compensate the ENGINEER for the professional engineering services included in
ATTACHMENT"A" on a lump sum fee basis. The lump sum fee includes labor costs and direct
expenses identified in this Contract (including the M/WBE subconsultant in the amount of
$7,500), 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.
TRAFFIC SIGNAL MODIFICATIONS B-1
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACT 11
ATTACHMENT "C"
AMENDMENTS TO STANDARD AGREEMENT
TRAFFIC SIGNAL MODIFICATIONS
FOR
2004 CIP INTERSECTION IMPROVEMENTS—CONTRACT II
FORT WORTH, TEXAS
No modifications to the Standard Agreement were necessary for this project.
TRAFFIC SIGNAL MODIFICATIONS C-1
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACT 11
ATTACHMENT "D"
SCHEDULE
TRAFFIC SIGNAL MODIFICATIONS
FOR
2004 CIP INTERSECTION IMPROVEMENTS—CONTRACT II
FORT WORTH, TEXAS
The ENGINEER will complete the scope of services outlined in ATTACHMENT"A" based on the
following schedule:
Task 1.0 Within 45 days following receipt of Notice to Proceed from the CITY(exclusive of
CITY review time)
Task 2.0 Within six (6) months following receipt of Notice to Proceed from the CITY
TRAFFIC SIGNAL MODIFICATIONS p_1
FOR 2004 CIP INTERSECTION IMPROVEMENTS
CONTRACTII
EXHIBIT"B-1"
M/WBE Summary
TRAFFIC SIGNAL MODIFICATIONS
FOR
2004 CIP INTERSECTION IMPROVEMENTS—CONTRACT II
Fort Worth,Texas
Task Description Fee MrWBE N
Task 1.0 Traffic Signal Designs
-Sycamore School at McCart $ 9,000 $ 1,200
-Alta Mesa at Crowley $ 9,000
-Hulen at Overton Ridge $ 9,000
-Golden Triangle at Alta Vista $ 6,000
-SH 199 at Northside $ 11,500
Task 2.0 Misceallaneous Traffic Counts $ 9,000 $ 6,300
Total Project $ 53,500 $ 7,500 14.02
M(WBE Subconsultant Services Fee
GRAM Traffic Counting Data Collection(Traffic Counts $ 7,500
Total $ 7,500
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/29/2005
DATE: Tuesday, November 29, 2005
LOG NAME: 30INTERSECTION REFERENCE NO.: **C-21167
SUBJECT:
Authorize Execution of Design Contract with Kimley-Horn and Associates, Inc., for Intersection
Improvement at Signalized Locations
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Kimley-Horn
and Associates, Inc., for intersection improvement design services at signalized locations in the amount of
$53,500.
DISCUSSION:
The 2004 Capital Improvement Program included $3,000,000.00 for Intersection Improvements and
$9,000,000.00 for Traffic Signals. In order to make these improvements at several intersections, city staff
was used to perform design services to make lane modifications at five signalized intersections. Traffic
signal modifications are needed to accommodate the added lanes at these intersections. Therefore, the
use of private firms is required to assist city staff in traffic signal design and plan preparation to meet the
need for new traffic signals. The firm selected to provide this service is Kimley-Horn and Associates, Inc.
The work of this firm and other firms has been utilized previously in order to supplement staffs efforts to
complete projects in a timely manner.
Design work for these locations will be issued on a work order basis. The basis of design cost at each
intersection is as follow:
Task 1.0 Traffic Signal Design
• (CD 6) Sycamore School Road at McCart Avenue $9,000.00
• (CD 6)Alta Mesa Boulevard at Crowley Road $9,000.00
• (CD 3) Hulen Street at Overton Ridge Boulevard $9,000.00
• (CD 2) Golden Triangle Boulevard at Alta Vista Road $6,000.00
• (CD 2) State Highway 199 at Northside Drive* $11,500.00
Task 2.0 Miscellaneous Traffic Counts** $9,000
*The intersection of State Highway 199 at Northside Drive needs total reconstruction at this time. Because
the reconstruction is outside the scope of the original intersection improvement project, Traffic Signal
Reconstruction funds will be used for the design services of this traffic signal.
**Kimley-Horn and Associates will also perform traffic counts at various locations, which will be funded with
New Traffic Signal funds.
The total design cost is $53,500.00 for the five intersection locations listed above.
Logname: 30INTERSECTION Pagel of 2
Kimley-Horn and Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing
14%. The City goal on the project is 14%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the
Street Improvements Fund and the Light and Signal Improvements Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 206390020033 $33,000.00
C201 531200 201710020030 $9,000.00
C201 531200 202720020030 $11,500.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname: 30INTERSECTION Page 2 of 2