Ordinance No. 9,4000RD1N,'kN11;E NO. 9400
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT WITH KLOTZ ASSOCIATES, INC., FOR GARTH ROAD TRAFFIC
SIGNAL SYNCHRONIZATION; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTEEN
THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS ($118,800.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the
City Manager and the City Clerk of the City of Baytown to execute and attest to a contract with Klotz
Associates, Inc., for Garth Road traffic signal synchronization. A copy of said contract is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Klotz Associates,
Inc., for Garth Road traffic signal synchronizatior in an amount not to exceed ONE HUNDRED EIGHTEEN
THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($118,800.00), pursuant to the contract.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of TWENTY-FIVE THOUSAND AND NO 1100 DOLLARS
($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than
twenty-five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the
contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 8"' day of August, 2002.
PETE C. ALFARO, Mayor
ATTEST:
l
-
G v W. i1V7 Ell 'H, City Clerk
APPROVED AS TO FORM:
e-�,4NACIO RAMIREZ. SR., ity Attorney
F:Ueanene\My Documents \Council \01 -02\ August\ AwardContract4GanhTrafficSignaiSynchroniiation .doc
AGREEMENT FOR PROFESSIONAL SERVICES
• STATE OF TEXAS . §
COUNTY OF HARRIS §
This Agreement (this "Agreement ") entered into by and between
Klotz Associates, Inc. (hereinafter "the Professional ") and the City of Baytown, a
home -rule municipality located in Harris and Chambers County, Texas (the "City").
1. Scope of Services /Professional Fees
This Agreement authorizes Professional to perform Engineering _ _ services for
Garth Road Synchronization (the "Work ") for and on behalf of the City. The
compensation for Professional shall be on the basis described in Exhibit "A," with
reimbursement of costs on the basis described in Exhibit "B." The time schedules for the Work
are attached as Exhibit "C." The scope of the work and projection of costs of the construction
project is as denoted in Exhibit "D." Each of these Exhibits "A" through "D" is incorporated into
this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City regarding the Work and oral
reports as requested. At least one progress report shall be made at the time that approximately
seventy percent (70 %) of any phase as outlined in Exhibit "C" is completed. Such progress
report shall identify the projected time and cost required by the Professional to complete the
remaining phases of the Work required under this Agreement.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Kevin Tyer, P.E. to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall require
thirty days' advance written approval from the City's Representative.
b. Licensed and Registered Engineers
Professional shall keep a full -time registered engineer licensed in the state of Texas on
staff and assigned to the Work for the duration of its performance of the Work.
C. Data on Professional's Employees
Prior to commencement of the Work, Professional shall forward to the City a detailed
resume of the personnel that will be assigned to the Work. Such personnel shall include,
but not be limited to, engineers.
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d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of the
Professional.
4. Designation and Duties of the City's Representative
a. The City's Director of Engineering and Inspections, or his designee, shall act as the City's
- Representative.
b. This City's Representative shall use his best efforts to provide nonconfidential City
records for Professional's usage on the Work and to provide access to City's property and
easements. However, the City does not guarantee the accuracy or correctness of the
documents so provided.
5. Standards of Performance
a. The Professional shall perform all services under this Agreement with the care and skill
ordinarily used by members of Professional's profession practicing under the same or
similar circumstances, time and locality.
Professional shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and the City shall not be responsible for discovering deficiencies
therein. Professional shall correct such deficiencies without additional compensation.
b. Codes and Standards
(1) All references to codes, standards, environmental regulations and/or material
specifications shall be to the latest revision, including all effective supplements or
addenda thereto, as of the date that the order for any necessary equipment is made by the
City or that the construction specified is bid by the City.
(2) If any such equipment is specially manufactured, it shall be identified to the City, and the
Contractor and the Seller shall present sufficient data to the City to support the design and
the suitability of the equipment.
(3) All materials furnished on any City project shall be in accordance with ASTM
specifications, or with other recognized standards. Proprietary material or other materials
for which no generally recognized standards exist may be used provided there has been at
least five years of proven experience in the field, and such satisfactory documentation has
been approved by the City's Representative.
(4) The Work shall be designed and fumished in accordance with the most current codes
and/or standards adopted by city, state, or federal government or in general custom and
usage by the profession.
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(5) The codes and standards used in the profession set forth minimum requirements. These
may be exceeded by the Contractor or the Professional if superior methods are available
for successful operation of equipment and/or for the construction project on which the
Work is performed. Any alternative codes or regulations used shall have requirements
that are equivalent or better than those in the above listed codes and regulations. The
Professional shall state the alternative codes and regulations used.
(6) Professional agrees the services it provides as an experienced and qualified
Engineer , will reflect the professional standards, procedures and
performances common in the industry for this project. Professional further agrees that
any analysis, reports, preparation of drawings, the designation or selection of materials
and equipment, the selection and supervision of personnel and the performance of other
services under this contract, will be pursuant to the standard of performance common in
the profession.
(7) Professional shall promptly correct any defective analysis caused by Professional at no
cost to City. The City's approval, acceptance, use of or payment for all or any part of
Professional's services hereunder or of the Work itself shall in no way alter Professional's
obligations or the City's rights under this Agreement. Professional shall provide the City
with record "as- built" drawings relating to the work, in an electronic format that is
acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to
final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional, and its consultants from the Documents. Provided that this Agreement is not
terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
8. Insurance
Professional shall procure and maintain at his sole cost and expense for the duration of the
® Agreement, insurance against claims for injures to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, his
agents, representatives, volunteers, employees or subconsultants.
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i a. Professional's insurance coverage shall be primary insurance with respect to the City, his
,i officials, employees and agents. Any insurance or self - insurance maintained by the City, his
officials, employees or agents shall be considered in excess of Professional's insurance and shall
not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as
additional insureds under its policy or shall furnish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be subject to all of
the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Products & Completed Operations Aggregate: $1,000,000
• Personal & Advertising Injury: $1,000,000
• Per Occurrence: $500,000
• Fire Damage $50,000
■ Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
2. Business Automobile Policy
• Combined Single Limits: $500,000
• Coverage for "Any Auto"
3. Errors and Omissions
• Limit: $1,000,000 for this project.
• For all architects, engineers, and/or design companies
• Claims -made form is acceptable
• Coverage will be in force for three (3) years after construction of the Project is
completed.
4. Workers' Compensation
■ Statutory Limits
• Employer's Liability $500,000
• Waiver of Subrogation required.
b. 'The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier must have an A.M. Best Rating of A: VIII or better.
2. Only insurance carriers licensed and admitted to do business in the State of Texas will be
accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can be on claims-
made form.
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4. Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after sixty (60) days' prior
�► written notice by certified mail, return receipt requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional Insureds to all
liability policies, with the exception of the Errors and Omissions Policy required herein.
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6. Upon request and without cost to the City, certified copies of all insurance polices and/or
certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all
insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company or companies
satisfactory to the City, and shall be carried in the name of Professional. Professional
shall provide copies of insurance policies required hereunder to the City on or before the
effective date of this Agreement.
9. Indemnification and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO
AS THE "CITY ") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT,
ARISING OUT OF, OR IN CONNECTION WITH THE WORK
DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED
BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL
AND ANY OTHER PERSON OR ENTITY. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE
OR A CONCURRING CAUSE OF THE RESULTING INJURY,
DEATH OR DAMAGE. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF
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THE CITY. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY FROM
WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY.THE INDEMNITY PROVIDED
FOR IN THIS ARTICLE VII SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Professional assumes full responsibility for its work performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of
any person (whether they be either of the parties hereto, their employees, or other
third parties) and any loss of or damage to property (whether the property be that
of either of the parties hereto, their employees, or other third parties) that is caused
by or alleged to be caused by, arising out of, or in connection with Professional's
work to be performed hereunder. This release shall. apply with respect to
Professional's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Professional or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
(d) the dissolution of Professional;
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(e) refusing or failing to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
(f) failing to complete work wthin the time period specified in this
Agreement; and/or
(e) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Professional shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representitive. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Professional's work. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City, the City will be entitled to review
and receive a copy of all documents that indicate work on the project that is the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such
bills. All bills must identify with specificity the work or services performed and the date(s) of
such work or services. In the event of a disputed or contested invoice, the parties understand and
agree that the City may withhold the portion so contested, but the undisputed portion will be
paid.
15. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering services. Professional shall forward a copy of any current petition or complaint in
any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in
providing engineering services and/or (b) seeks to deny the Professional the right to practice
engineering services or to perform any other services in the state of Texas.
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16. Payroll and Basic Records
10 a. Professional shall maintain payrolls and basic payroll records during the course of the
work performed under this Agreement and shall preserve them for a period of three years from
the completion of the work called for under this Agreement for all personnel working on such
work. Such records shall contain the name and address of each such employee, social security
number, correct classification, hourly rates of wages paid, daily and weekly number of hours
worked, deductions made and actual wages paid.
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection, copying or
transcription or its authorized representatives within fifteen days of the City's request therefor.
Professional shall permit such representatives to interview Professional's employees during
working hours on the job.
17. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
18. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be
given must be in writing and delivered in person or by depositing same in the Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly
changed as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
For the Professional:
D. Wayne Klotz, P.E.
Klotz Associates, Inc.
1160 Dairy Ashford, Suite 500
Houston, Texas, 77079
H
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least fifteen (15)
days' written notice is given of such new address to the other party.
19. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
20. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
21. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
22. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
23. No Assignment
Professional may not sell or assign all or part interest in the transport of the materials to another
party or parties without the prior express written approval of the City Manager of such sale or
assignment. The City may require any records or financial statements necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
24. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
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25. Severability
All parties agree that should any provision of this Agreement be determined. to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
26. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
27. Authority
The officers executing this Agreement. on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the r day of uS-� , 2002, the date of execution by the
City Manager of the City of Baytown.
Klotz Associates, Inc.
ATTEST:
GARY W. SMrM, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
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e�14 � �a4�� -
(Signature)
D. Wayne Klotz, P.E.
(Printed Name)
President
(Title)
CITY OF BAYTOWN
GARY JACKSON, City Manager
•
STATE OF TEXAS §
COUNTY OF HARRIS §
Before Te on this day personally appeared J- (J /o+z in his
capacity as tC nif' of /a z v sZwo. , on behalf of
such company,
known to me;
proved to me on the oath of ; or
proved to me through his current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(-,[One)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this ` day of A uca 200A
Notary Public in and for the State of Texas
Diana Mitchell
Notary Public
State of Texas
My Commission Expires
Mareit 5, 2005
c:klh2 SO\EngineeringlFormContractslShortFormProfessional- Contract
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KLOTZ
ASSOCIATES,
INC.
CONSUISYNG
ENGINEERS
EXHIBIT A
COMPENSATION
Basic Services
CITY OF BAYTOWN shall pay ENGINEER for Basic Services as set forth in Exhibit D a Lump Sum amount
of $65,500.00 based on the following assumed distribution of compensation:
1. Signal Timing Plans Phase
$11,000.00
2. Preliminary Design Phase
$35,625.00
3. Final Design Phase
$11.875.00
4. Bidding Phase
$ 4,000.00
5. Record "As- Built" Drawings
$ 3,000.00
Additional Services
CITY OF BAYTOWN shall pay ENGINEER for Additional Services as set forth in Exhibit D an Hourly
Not -To- Exceed amount of $50,000.00 as follows:
1. Traffic Signal Timing Implementation $ 5,000.00
2. Field Survey for Signal Layouts $ 5,000.00
3. Survey Services $40,000.00
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
EXHIBIT B
REIMBURSEABLE EXPENSES
CITY OF BAYTOWN shall pay the Professional for those Reimbursable Expenses not included in Basic
Services if authorized in advance in writing by the City at the rate set forth in the following rate schedule and a
Not -To- Exceed amount itemized as follows:
1. Transportation $ 500.00
2. Plan Sheet Reproduction $ 2,000.00
3. Facsimiles, telephone, postage, etc. $ 300.00
4. Photocopies $ 500.00
Reimbursable Expenses Rate Schedule
Category
Plan Sheet Reproduction
Commercial
In -House
Mylar
Copies (Including Collating, Punching, & Binding)
Per -Diem — Subsistence
Lodging (Not To Exceed $ 70.00 / Night)
Mileage$ 0.365 / Mile
Facsimiles
Data Cartridge Tape Transfer
Deliveries, Postage, Telephone, Parldng, Tolls, Photos, Etc.
Sub - consultants
Rate
$ 0.09 / Square Foot
$ 0.20 / Square Foot
$8.50 / Square Foot
$ 0.15 / Sheet
$ 25.00 / Day
$ 70.00 / Night
$1.00 / Page
$100.00 Each
Invoice
Invoice
Additionally, expenses associated with transportation, including, but not limited to, meals, mileage and
lodging, must be approved in writing by the City prior to the Professional incurring any expense
associated therewith; otherwise, the parties hereto agree and understand that the City shall not be liable
and the Professional shall not make a claim against the City for any such expenses
•
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KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
EXHIBIT C
PROJECT SCHEDULE
Upon written notice to proceed, ENGINEER shall begin work on each phase of the project as set forth in
Exhibit D. Engineer shall complete all services within the time frame and schedule as follows:
Task
Milestone Date
Notice to Proceed
August 26, 2002
Signal Timing Plans
Draft Signal Timing Plans Submittal
September 25, 2002
ss
COB Signal Timing Plans Review Submittal to Klotz
October 2, 2002
Final Signal Timing Plans Submittal
October 17, 2002
Plans, Specifications, and Estimates
Preliminary 75% Design Submittal
October 25, 2002
COB Preliminary Design Review Submittal to Klotz
November 8, 2002
Final 100% Design Submittal
December 8, 2002
+Notice to Proceed is estimated to be August 26, 2002. If Notice to Proceed is different, schedule will be
revised accordingly.
6* Schedule allows COB seven calendar days to review Signal Timing Plans and fourteen calendar days to
review Design Plans. If additional review time is necessary, the schedule will be revised accordingly.
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
EXHIBIT D
SCOPE OF SERVICES FOR
PROFESSIONAL ENGINEERING SERVICES
FOR
CITY OF BAYTOWN GARTH ROAD SYNCHRONIZATION
BETWEEN
CITY OF BAYTOWN
AND XLOTZ ASSOCIATES, INC.
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•
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
TABLE OF CONTENTS
Section
GENERAL
lA PROJECT MANAGEMENT
2.0 TRAFFIC SIGNAL TIMING OPTIMIZATION SERVICES
3.0 DESIGN SERVICES
4.0 BID PHASE SERVICES
5.0 ADDITIONAL SERVICES
6.0 DELIVERABLES AND SCHEDULE
ATTACHMENT "1" - SIGNAL IMPROVEMENT INTERSECTIONS
m
Page
3
3
5
10
11
12
KLOTZ
ASSOCIATES,
INC.
® CONSULTING
ENGINEERS
GENERAL
The improvement of traffic flow on Garth Road from Park Street to Lynchburg -Cedar Bayou has been
identified by the City of Baytown (COB) as a priority effort to help move people and goods through the city in
the most efficient and safe manner. Synchronization of traffic signals and other minor intersection
improvements are the means chosen by COB to accomplish this goal. Currently, the traffic signals along
Garth Road are not operated in a coordinated system. A motorist traveling through a succession of signalized
intersections may have to stop repeatedly; wasting time and fuel while contributing excess vehicular emissions.
Coordinated operation and optimized signal timing plans will minimize motorists' stops and/or overall system
delay, and therefore, improve traffic flow on Garth Road. COB has initiated the final design portion of a
project to implement a closed -loop signal system and optimized timing plans for traffic signals on Garth Road
from Park Street to Lynchburg -Cedar Bayou (signals listed in Attachment "I").
COB previously authorized others to perform a feasibility study and standard conceptual intersection design to
determine ways to improve traffic signal coordination along Garth Road. This study produced a preliminary
engineering report, which is available for use in the final design of signal system improvements.
COB will bid and let the project for construction. Therefore, Klotz Associates, Inc. (the "Engineer ") will
coordinate with COB on all design submittals. The Engineer will be required to meet COB requirements, and
to address review comments from public and private utility agencies.
The basic scope of services to be performed by the Engineer includes project management, traffic signal timing
optimization, detail design of signal communications, detail design of signal modifications, bid analysis, and
as -built preparation. Additional services could include, but are not limited to, traffic signal timing
implementation, existing signal layouts field verification, and topographic survey.
1.0 PROJECT MANAGEMENT
Project Management will include, but not be Iimited to, development of a Project Management Plan,
identification of work tasks, development of a Project Schedule, coordination of reviews and meetings,
program documentation, and program Quality Assurance /Quality Control (QA/QC).
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KLOTZ
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The Project Management Plan will provide construction estimates, the project schedule, and critical milestones
of the project. The Project Management Plan will address the Engineer's schedule, person -hour resource
requirements, quality management, and system integration programs.
The Engineer will develop and maintain monthly a general Project Schedule that identifies all key milestones
and events starting from the date of Notice to Proceed to the date of completion in calendar days. The Project
Schedule will also include all elements of the various review cycles for the design package, including:
1. Preliminary Design Review (PDR) - 75% complete
2. Final Submittal — 100% complete
3. Anticipated Letting Schedule (provided by COB)
4. Construction Phase and Duration (provided by COB)
As a minimum requirement, the Engineer will report in a comparative format actual progress and anticipated
dates for completion of remaining activities or events. The Engineer will submit an updated project schedule
as necessary.
1.1 REVIEWS AND MEETINGS
Unless otherwise specified, all design reviews will be conducted at COB facilities on mutually agreeable dates.
A preliminary design review (PDR) at 75% completion will be planned and scheduled. The purpose of the
PDR will be to verify the Engineer's preliminary engineering design plans for meeting the contract and system
requirements. The PDR will include all intersection layouts, communications diagrams and applicable
standards, and will include a preliminary construction cost estimate.
The Engineer will attend one pre -bid meeting and the bid opening. The Engineer will also be responsible for
addressing all formally submitted questions from contractors in writing during procurement process for the
construction package.
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1.2 SYSTEM DOCUMENTATION
All documentation produced for this contract in the form of written text (i.e., manuals, functional descriptions,
etc.) will be written to industry standards in the latest version of Microsoft Word at time of delivery of
documentation. All draft documentation submittals will be delivered on paper media. All final text
documentation approved by COB will be submitted on paper and electronic CD -ROM media.
All draft documentation drawings, graphs, charts, illustrations, system maps, etc., will be produced by CADD
and will be delivered on paper media. All final drawings, graphs, charts, illustrations, etc., approved by COB
will be submitted on paper /mylar and electronic CD -ROM media. The deliverable media will be in ".dxf'
format.
2.0 TRAFFIC SIGNAL TIMING OPTIMIZATION SERVICES
The Traffic Signal Timing Optimization Scope of Work will include the preparation of optimized coordinated
traffic signal timing plans for traffic signals on Garth Rd. (signals listed in Attachment "1 "). The timing plan
preparation will include collection of vehicle and relevant signal operational data; creation of optimized timing
models using Synchro Pro; and the development of optimized traffic signal timing plans using PASSER or
TRANSYT -7F, or any combination thereof, as necessary. Final timing plans will be submitted in required
programming formats. If requested by COB, signal timing plan implementation assistance will be provided as
Additional Services.
2.1 DATA COLLECTION
Traffic volume data provided in the preliminary engineering report by others will be used by the Engineer in
the traffic signal timing plan development. Turning movement counts are available for the AM peak, Midday,
and PM peak hours. A field investigation will be performed to verify the existing intersection phasing, control
equipment, and number of lanes/lane usage. No volume data will be collected as part of this scope.
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2.2 DATA ANALYSES
Data analyses will include the preparation of data summary working papers that will be used to develop a
limited traffic model. Working papers will be prepared which summarize the relevant signal timing
information: link speed (posted speed), number of lanes, lane usage, traffic volumes, and intersection phasing.
Data will be reviewed for obvious problems prior to preparing signal -timing models.
2.3 SIGNAL TEMING PREPARATION
Basic controller settings, minimum green, extension, max times, clearance intervals, pedestrian timings, etc.,
will be evaluated and updated to current COB standards. Three timing plans will be developed: AM peak, Off
peak, and PM peak.
All optimized signal timing will be developed using Synchro Pro as the data pre- processor to PASSER or
TRANSYT -7F, as appropriate. Bandwidth solutions will be requested. In limited over - saturated conditions,
TRANSYT -7F solutions modified to enhance progression may be used.
Synchro Pro data files will be developed and checked prior to being used for signal timing plan development.
A cycle length analysis for the logical system will be developed. A table, documenting a cycle length analysis
for each plan will be furnished. The table will include cycle length, system -wide delay or average delay,
number of stops, estimated fuel consumption, and bandwidth efficiency.
Signal timing preparation will be required for one diamond interchange. The diamond interchange will be
included as two distinct intersections during the data analyses, if necessary. Additional diamond interchange
analyses may require use of PASSER III.
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3.0 DESIGN SERVICES
The cover sheet of each plan set must have a complete signature block for the COB City Manager, COB Public
Works Director, City Engineer, and Project Manager. These signatures will be included on the cover sheet for
construction authorization.
The Engineer will perform signal modification design and signal system communication design for the signals
listed in Attachment "1 ". The scope of work includes design for signal cabinet/controller change -outs, minor
signal display modifications, vehicle detection improvements, and fiber optic interconnect.
Traffic signal design will be done using electronic files or blueline drawings of existing intersection signal
layouts provided by COB. If COB does not provide these layouts, the Engineer will perform field verification
of existing conditions as Additional Services and only proposed improvements will be shown on the design
plans. Should the COB require the existing signal layouts and proposed improvements to be shown on the
plans, then a topographic survey of the intersections will be needed and shall also be done as part of Additional
Services.
The signal layout will be produced on 11 "x 17" sheets and have a minimum scale of 1 inch = 40 feet. These
signal construction drawings may show all streets existing and proposed; applicable notes; lane configuration,
width, and use; existing pavement markings with pedestrian crosswalk locations and stop lines; traffic signal
head configuration and location; loop detector configuration and location with schedule; pole location; pull box
location; conduit and cable size and location; street name; right -0f -way and easements; phasing diagram;
posted speed on each approach; existing pavement joints; pavement type; corner radii; tapers; curbs;
driveways; sidewalks; building lines; trees and shrubs that pose a sight distance restriction; railings and
barriers; above - ground utilities; bus stops; adjacent land use; other required traffic signs; electrical service
location; and controller cabinet location. No separate pavement markings and signing layout will be prepared.
No wheelchair ramps will be shown on the signal layout sheets and no separate layout for ramps will be
prepared.
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In order to accomplish project goals and objectives, design should include the following:
1. Replacement of existing controller and cabinet with a COB approved controller and
cabinet.
2. Vehicle detection (where required by COB).
3. Replace separate left-turn signal heads with five - section protected - permissive signal
heads where applicable as directed by the COB Project Manager.
4. Interconnect Plan (1 inch = 200 feet minimum).
3.1 PRELIMINARY DESIGN
Preliminary design will include all signal layouts at approximately 75 percent level of completion of design.
Dependent upon the availability of existing plans, the layouts may include all existing to remain and proposed
major signal items as follows:
1. Poles
2. Signal Heads
3. Controller /Cabinet
4. Vehicle Detection
5. Pull Boxes
6. Conduit Runs
7. HL &P Electric Service Connections and necessary relocating
8. Quantity and Preliminary Construction Cost Estimates
9. Right -of -way
10. Pedestrian Signals
11. Interconnect Layouts
The Engineer will prepare traffic signal plan sets for improvements to the signal system. These plan sets will be
prepared in accordance with COB. Construction drawings submitted will include a per- intersection quantity
estimate sheet. A separate construction cost estimate will be furnished on a per - intersection basis. The plan
submittals will include the following:
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1. Cover sheet
2. Index sheet(s)
3. Summary of quantities for each intersection, bid item, and totals
4. Traffic signal layout plans (COB format)
5. Specifications (COB Traffic Signal and/or TxDOT, as applicable)
6. Standard construction details (COB Traffic Signal and/or TxDOT, as applicable)
7. Construction cost estimate
8. Interconnect layouts
9. General Notes and Traffic Notes
COB standards (or TxDOT standards — at the discretion of COB Project Manager) will be used except when
those do not comply with TxDOT requirements. In that case, TxDOT standards will be used. All pay items
will be according to TxDOT standards, unless otherwise specified.
3.1.1 COB will provide existing signal layouts as electronic files preferably or blueline drawings to the
Engineer at a minimum. Engineer will field verify existing conditions and locations of proposed
improvements.
3.1.2 The Engineer will be responsible for submittal and coordination with all other public and private
agencies /utilities for verifying locations of existing utilities, review, and obtaining signatures on
plan sets. COB will be responsible for submitting plans and addressing comments from TDLR on
ADA issues.
3.1.3 The COB has conducted the survey for Interconnect Design. The COB has obtained aerial
elevations of existing utility lines along the interconnect route identified in the preliminary
engineering report. These elevations have been obtained at pole attachments and at span
midpoints along the interconnect route. This survey information will be provided to the Engineer
for use in the interconnect design.
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3.1.4 Interconnect Design - The Engineer will prepare an interconnect layout at 1" =200' scale. The
layout will show the alignment, pull boxes, junction boxes, and media used for the signal
interconnect. The work will include the HL &P chart for attachments to existing poles, ifneeded.
Upon completion of the review of the Preliminary Design, COB will return the documents with comments to
the Engineer. It is the responsibility of the Engineer to coordinate with each reviewer any issues that are
unclear, in conflict with other comments, or do not give clear direction on the extent of the project.
3.2 FINAL DESIGN
3.2.1 The final design will consist of drawings showing the proposed traffic signal modification and
interconnect design. This submittal will show all applicable proposed conduits and wiring.
3.2.2 The Engineer will submit as part of the final design a quantity and cost estimate. Each quantity
will be summarized on a per - intersection basis.
3.2.3 If this project involves TxDOT, Harris County, U.S. Army Corps of Engineers, railroad, pipeline,
or private rights -of -way or easements which require the concurrence of these agencies, then the
Engineer will obtain design approval on behalf of COB. Permit applications, if required, from
the appropriate governmental or private agency will be completed and submitted by the COB.
The Engineer will submit a letter stating that coordination with each utility has been completed
and that there are no unresolved conflicts. If conflicts exist or a utility has not responded to the
Engineer's inquiry, the letter will state what the conflicts are, which utility has not responded, and
when coordination with COB's utility coordinator was initiated. If requested by COB, Engineer
will submit plans and address comments from TDLR on ADA issues as Additional Services.
3.2.4 Construction Documents will be complete drawings with sufficient information for use in
construction. All notes, call -outs, details, appurtenances, etc., will be shown in their entirety.
The final design will include all of the applicable parts listed above and each part will be
is complete. If any part does not meet the criteria defined herein, or the guidelines established by
the traffic section, or necessitating major revisions in the opinion of COB, the submittal would be
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returned by COB for resubmittal. It is the responsibility of the Engineer to coordinate with
reviewers any unclear or conflicting comments from the 75% review prior to final design. Upon
completion of signatures from COB, the Engineer will reproduce for submittal the Construction
Documents to include all sections added by COB. Construction drawings will be signed, sealed,
and dated by the registered State of Texas Professional Engineer responsible for the drawings.
3.3 AS -BUILT PLAN PREPARATION
3.3.1 "As- built" information from the construction contractor will be incorporated into the plan set to
produce as -built record drawings for the project. The contractor will provide a marked plan set to
the Engineer showing the "as- built" information. The Engineer will revise the final mylar plan
sheets to indicate the "as- built" conditions.
4.0 BID PHASE SERVICES
The Engineer shall prepare bid documents and COB will bid the project. The Engineer will attend and conduct
one pre -bid meeting, address all formally submitted questions from contractors in writing during procurement
process for the construction package, prepare and issue addenda as appropriate, attend the bid opening, and
review and tabulate all bids received by the COB. Engineer will perform bid analysis and make
recommendations accordingly.
5.0 ADDITIONAL SERVICES
Additional services, if needed, will be considered outside the scope of the basic fee. Klotz Associates, Inc.
will perform additional services based on payroll costs of salaries and wages times a factor for general
overhead and profit of 2.5 or based on a negotiated lump sum fee. Reimbursable expenses will be charged
at engineer's cost plus 10 %.
5.1 Additional services could include, but are not limited to, the following items which are not part of
• the basic lump sum fee:
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1. Traffic signal timing implementation;
2. Field verification of existing conditions if existing signal layouts are not provided by
COB at an estimated fee of $1,000 per intersection;
3. Survey services - The Engineer will obtain the services of a Surveyor to perform a
topographic survey of the intersections listed in Attachment "1 ". The survey will consist
of 200 feet from each direction on Garth Road from the center of the intersection. Minor
streets will require surveys of 150 feet from the intersection;
4. Changes in scope requested by COB, TxDOT, or any other agency.
6.0 DELIVERABLES AND SCHEDULE
6.1 PROJECT MANAGEMENT SUBMITTALS
The Engineer is to submit within 7 calendar days of issuance of Notice to Proceed by COB the Project
Management Plan as described above.
Within 30 calendar days after Notice to Proceed, and monthly thereafter, the Engineer will submit the progress
report and invoice.
6.2 TRAFFIC SIGNAL TIMING SUBMITTALS
Two traffic signal timing submittals are expected. Additional submittals will be required if incomplete or
inaccurate information is provided. Each submittal of traffic signal timing will be neatly organized in a binder
and have the following components:
Area Map
Key Map Reference
Signals Identified
North Arrow
Link Distances, or general scale (1 /4 mile, etc.)
Major Arterial Data Summaries
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Intersection Names
Lane Configuration/Number of Lanes
Signal Phasing with Type of Left -Tum Phasing
Traffic Volumes (AM Peak Hour, Noon Hour, PM Peak)
Link Distance (Stopbar to Stopbar)
Graph of 24 -hour volumes with recommended time - of-day entries identified
Cycle Length Analyses
Model Output, PASSER II or TRANSYT -7F (recommended plan only)
PASSER III Analyses, if necessary
Synchro Output Summaries, as defined below (recommended plan only)
Synchro Output Arterial Time -Space Diagrams for Recommended Operations
Plans
Electronic data files on properly labeled CD -ROM's
Interconnect type
Synchro Output Summaries will include Synchro Pro Report Summary for each plan for each intersection with
the following information: Intersection Phasings {(Timing Inputs) /(V /C Ratios, Webster's Delay) /(Stop, Fuel
Emissions)).
Submittal No. 1 (Draft Timing Plans) — The Engineer is to submit the first submittal within 30 days of Notice
to Proceed by COB. The first submittal will provide staff the ability to review the data analyses, conclusions,
and timing plans. Staff will furnish comments and recommendations that will be addressed prior to Submittal
#2. Submittal #1 review comments may include: additional analyses, changes to cycle lengths, or subsystem
boundaries.
Submittal No. 2 (Final Timing Plans) — Within 15 days of receipt of review comments from COB, the Engineer
will submit the final timing plans. This final submittal will incorporate all comments and requests from the
review of Submittal #1 and will include all of the information furnished in Submittal #1, plus it should include
completed programming sheets for the appropriate traffic signal controller. Appropriate traffic signal
0 controllers will be confirmed with the Submittal #1 comments from COB.
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6.2 DESIGN SUBMITTALS
The Engineer will submit traffic signal design plans for review, comment, signature, approval, and/or
permitting to all appropriate agencies. The Engineer will be responsible for understanding and incorporating
all comments of each submittal into the plan sheets. The Engineer will provide COB a copy of all final CAD
files, in ".dxf ' format on CD -ROM, for intersection drawings produced by the Engineer.
Submittals will include Special Specifications and Construction Documents along with the 100 percent bid -
ready drawings and construction quantities. All comments from the 75 percent submittal will be incorporated
into the drawings and construction specifications or an explanation will be given in writing why they were
omitted. The Engineer will also submit a final quantity estimate and the estimate of constriction duration. The
Engineer will obtain all required utility approval signatures prior to the submittal.
Submittal No. 1 (75 % Design Package) - The Engineer is to submit three blackline sets of the traffic signal
layout plan sheets (11 "x 17 ") to COB within 60 calendar days of Notice to Proceed by COB. The Engineer will
distribute additional plan set copies as necessary for review by all agencies and companies (COB, TxDOT,
utilities, railroad companies, etc.) that will be required to sign and/or approve final plans for construction. This
submittal will include all traffic signal layout plan sheets of the plan set at an overall 75 percent level of
completion. This will be 75 percent of completion of basic design services. Engineer will not proceed to next
submittal until receipt of approval on previous submittal.
Submittal No. 2 (100% Design Package) - The Engineer will submit the original final mylar plan set for
signatures to COB within 30 calendar days of receipt of review continents from Submittal No. 1. The final
plans will incorporate all previous revisions and review comments from Submittal No. 1. A second set of
reproducible mylars will be submitted for COB's records after signatures have been obtained. This submittal
will include all sheets of the plan set at 100% level of completion and will incorporate all revisions and review
comments from Submittal #1. This will represent 100% completion of basic design services.
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6.3 BID PHASE SUBMITTALS
Engineer will submit bid tabulation and analysis documents to COB within 5 calendar days upon receipt of all
bids from COB.
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ATTACHMENT "1"
CITY OF BAYTOWN -KLOTZ ASSOCIATES, INC., AGREEMENT
SIGNAL IMPROVEMENT INTERSECTIONS
• Garth at Park
• Garth at Schilling
• Garth at SH 146 EBFR
• Garth at SH 146 VvrBFR
• Garth at Northwood
• Garth at Scenic
• Garth at Rollingbrook
• Garth at Birdsong
• Garth at Baker
• Garth at Baytown CentraMceland
• Garth at Lynchburg -Cedar Bayou
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