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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 ENGINEERING CONTRACT(REV 4/14/05) Page Iof15 Ci 7�l1J✓� Ju6GVhU SII7N �II7 {'1? �'y11 � J R I i G. 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. ENGINEERING CONTRACT(REV 4/14/05) "— Page 2ot15 �7i/ 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 ENGINEERING CONTRACT(REV 4/14/05) Page 3of15 ANTY y7 !�T�•� l�ppI lu' �1'( 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. ENGINEERING CONTRACT(REV 4/14/05) Page 4 of 15 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 ENGINEERING CONTRACT(REV 4/14/05) Page 5 of 15 A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the City for each year following completion of the contract. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department ENGINEERING CONTRACT(REV 4/14/05) Page 6 of 15 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. ENGINEERING CONTRACT(REV 4/14/05) Page 7 of 15 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING CONTRACT(REV 4/14/05) Page 8 of 15 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. 3rrlr,p'J����f�• ��� '',Ntt�f q�61 ENGINEERING CONTRACT(REV 4/14/05) Page 9 of 15 ,,�D`a 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) Page 10 of 15 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 Page 11 of 15 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. ENGINEERING CONTRACT(REV 4/14/05) Page 12 of 15 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 ENGINEERING CONTRACT(REV 4/14/05) Page 13 of 15 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING CONTRACT(REV 4/14/05) Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A— Scope of Services Attachment B — Compensation Attachment C —Amendments to Standard Agreement 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 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) .contract uthori zation Date ENGINEERING CONTRACT(REV 4/14/05 \ ) Page 9 C ly 1�L5 L�:1.Il :e 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