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R2010-147 - 2010-12-06RESOLUTION NO. R2010 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR TRAFFIC ENGINEERING SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; Section 1 That certain contract for traffic engineering services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2 That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for traffic engineering services. PASSED, APPROVED and ADOPTED this the 6 day of December, A.D., 2010. �Gri'1 TOM REID MAYOR ATTEST: AN; APPROVED AS TO FORM: A. a4,- DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2010 -147 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on J fyv,) tq-1z.y 3 2010 by and between the City of Pearland "CITY and Wilbur Smith Associates, Inc. "CONSULTANT The CITY engages the CONSULTANT to perform professional services for a project known and described as the Pearland Traffic Management Plan "PROJECT SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide professional services related to the preparation of a Traffic Management Plan for the City, which will include development and implementation of optimized signal timing plans along major highway corridors; development of an area -wide travel demand model and forecasted traffic volumes; assessment of the area transportation system and major thoroughfare plan; and prioritization of recommended improvements. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. -1- 10. Revised 11/15/07 E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits "Change in Coverage except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. -2- 10. Revised 11/15/07 G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, 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 errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION 11 PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2011. SECTION III CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed. Total compensation for the services performed shall not exceed $458,850. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following Iimitations: 1. Prior to submittal of deliverable for Task 2.1: Signal Timing, payments to the CONSULTANT shall not exceed 40% of the total CONTRACT amount. 2. Prior to submittal of the deliverables for Task 2.2: Travel Demand Model, payments to the CONSULTANT shall not exceed 60% of the total CONTRACT amount. Prior to submittal of the deliverables for Tasks 2.3.1: Evaluate Thoroughfare Plan and 2.3.2: Identify Constrained Corridor and Operational Deficiencies, payments to the CONSULTANT shall not exceed 90% of the total CONTRACT amount. 4. Prior to submittal of the deliverable for Task 2.3.3: Prioritize Roadway and Intersection Improvements, payments to the CONSULTANT shall not exceed 100% of the total contract amount. -3- 10. Revised 11/15/07 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSUTANT's status as an independent contractor of the CITY. SECTION V TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason with or without cause by delivering written notice to CONSULTANT personally or by certified mail at 9800 Richmond Avenue, Suite 400, Houston, TX 77042. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15 day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. -4- 10. Revised 11/15/07 D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and /or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and /or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. -5- 10. Revised 11/15/07 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. TeA i The parties have executed this CONTRACT this �J day of AN W IR ;0+(r LOP ,%t CONSULTANT- WILBUR S I ASSOCIATES Robert P. Babineaux, Jr., PE Vice President -6- 10. Revised 11/15/07 EXHIBIT A Exhibit A Scope of Work Pearland Traffic Management Plan The scope of work for the development of a Traffic Management Plan for the City of Pearland will include the following tasks: Task 2.1 Signal Timing This task will consist of collection of data and development/implementation of optimal traffic signal timing plans. A traffic signal timing report will be developed to outline the timing plans and demonstrate improvements in travel time and speed. The purpose of these signal timing plans is to provide maximum progression for traffic flow along the thoroughfares with heavy traffic volumes and several signalized intersections. The list below is a preliminary list of corridor signal timing projects which can be implemented when needed. FM 518 from Cullen Blvd to IH 35 FM 518 from IH 35 to Winding Road 1 Sunset Meadows Broadway 1 FM 518 from FM 521 to Cullen Blvd (Modifications to existing timing plan) McHard /Shadow Creek Parkway /FM 2234 from FM 521 to Cullen Blvd. Cullen Blvd (FM 865) from Northfork to Hughes Ranch SH 35 from Dixie Farm Road to Knapp Road Magnolia John Lizer (SH 288 to Pearland Parkway) Task 2.1.1 Signal Tinning Data Collection The City of Pearland will collect weekday and weekend 24 -hour counts on dates and at locations identified by the Consultant 15- minute peak hour counts (AM and PM peak periods, and weekend peak period) will be performed by the Consultant at each signalized location to establish a base signal plan for implementation. Some existing signal timing data will be collected as part of Task 1. The Consultant will collect traffic signal timing data for any intersections for which this data was not previously obtained. Travel time runs will be conducted both before and after new signal timing implementation. Task 2.1.2 Timing Plan Development and Implementation The Consultant will develop a base signal timing plan and perform field implementation and fine tuning. A summary of final timing plans will be provided to the City and inserted in the controller cabinet. Timing plans will be established for the weekday AM and PM peak and off peak periods and for the weekend period. City of Pearland 1 Traffic Management Plan October 27, 2010 Scope of Work Task 2.1 Deliverable Traffic signal timing report outlining the existing signal timings, existing corridor travel times, implemented signal timing modifications and before -after travel time comparisons. The consultant will be responsible for field implementation of the traffic signal timings including 6 month follow up to address seasonal changes, Summer, Holidays, etc. Task 2.2 Local Travel Demand Model Task 2.2.1 Develop Enhanced Travel Demand Model for Pearland The consultant will develop an enhanced travel demand model for the Pearland area. The model development may include the following subtasks: Collect roadway information including traffic counts, lane configuration, traffic control, signal timing Collect land use information including number of housing units, and retail /commercial activity within Pearland Refine roadway network in the Pearland area Develop refined TAZ structure Develop disaggregated socio- economic data for the refined TAZs Calibrate the network to replicate current transportation conditions in the Pearland area Review CIP, TIP, RTP, Thoroughfare plan and other future roadway improvement projects in the area to include in the future model network Task 2.2.1 Deliverable Enhanced Pearland travel demand model based on the approach chosen in consultation with City staff. Task 2.2.2 Develop Travel Demand Model User Interface The consultant will develop a user interface for the travel demand model to evaluate Capital Improvement Plan (CIP) improvements and other transportation needs for the City of Pearland. The user interface will allow the City staff to create new scenarios to evaluate impacts of land use development on the transportation system and compare alternative roadway improvements to determine their impact in improving the future mobility. Note: In traditional travel demand modeling, congestion (travel time) on the roadway is based on the characteristics of the street including capacity and speed (commonly known as capacity restrained modeling). The intersection merely acts as a node and does not contribute to the delay in the system. Based on the suitability of the selected modeling approach to integrating intersection based analysis, the consultant will work with the City staff to determine the need for creating such a tool. Including intersection node geometric detail would facilitate the evaluation of impacts on the transportation system associated with the intersection improvements which otherwise are not accounted for in a traditional travel demand model. City of Pearland 2 Traffic Management Plan October 27, 2010 Scope of Work The consultant would configure the model to interact with other standard traffic engineering software such as Synchro (a traffic signal operations optimization tool) to facilitate data updates. The consultant will set parameters and guidelines for the model to read (import) the latest intersection turning movement counts, lane geometry, and signal timing and phasing operations at selected signalized intersections within the Pearland area. The model training conducted as part of Task 2.2.4 will provide the City staff with good understanding to conduct model runs using the intersection based model approach to evaluate scenarios that include intersection improvements such a signal timing and capacity. The City staff will be able to modify signal timing information coded in the model, should there be any changes to the signal system data. The estimated cost to integrate the intersection based capability in the travel demand model is $11,600. Task 2.2.2 Deliverable Travel demand model user interface (integrated into the enhanced Pearland model). Task 2.2.3 Model Documentation and Training The consultant will develop documentation on the assumptions, inputs and outcomes of the travel demand modeling effort for the Pearland area. The consultant will provide a two -day training session for the City Staff to discuss user interface, basic model components, input data, and model output. During the training sessions, the consultant will demonstrate how to setup various "what if scenarios" including network modifications and demographic updates (these test scenarios will not be fully executed due to training time constraint). The consultant will then be available by telephone to provide assistance to the City for a negotiated time period while City staff becomes familiar with the operations of the model. Task 2.2.3 Deliverables Pearland travel demand model documentation. Pearland travel demand model user manual. Task 2.3 Assessment of Transportation System (Transportation Planning /Analysis) Task 2.3.1 Evaluate Thoroughfare Plan The consultant will evaluate the City's most recent thoroughfare plan for it's effectiveness in balancing traffic mobility with adequate access to adjacent land uses in a way consistent with the City's goals, objectives and community vision. This review will consider the most recent land use /zoning plan to look at the spatial relationships between the existing and proposed transportation network and the anticipated future land uses. The Consultant will also review how well the City's street network fits with that of the area cities and Brazoria County. Other City of Pearland 3 Traffic Management Plan October 27, 2010 Scope of Work considerations may include provision for multiple modes of transportation (private vehicles, public transit, pedestrians, bicycles, etc.); environmental impacts (air quality, historic sites preservation, wetlands, parks, etc.). The consultant will research up to three other cities (from within and outside of Texas) of a population, size and character similar to that of Pearland to determine best practices and latest innovations that could be used in updating Pearland's thoroughfare plan. Task 2.3.1 Deliverable A technical memorandum will be issued which will outline the findings and recommendations for revisions to the existing major thoroughfare plan. Task 2.3.2 Identify Constrained Corridors with Operational Deficiencies Analysis of the city street system will be performed to identify corridors that are operating in a constrained condition with operational deficiencies. The measure of effectiveness will be travel time, speed, volume to capacity ratio and level of service. Analysis will be performed for the existing condition and year 2040. Traffic volumes for the existing condition analysis will be established based on available information, supplemented with new data collection where needed. Data will be extracted from existing traffic studies (i.e. recently completed traffic impact analysis reports), existing city data, counts from existing signal detection cameras, and from commissioned 24 -hour counts on an as needed basis. Traffic volumes for year 2040 will be established based on the output from the City of Pearland enhanced travel demand model and from H -GAC as needed (for corridors feeding into Pearland from Houston and other surrounding communities). Accident reports will be obtained by the City and the consultant will perform an accident analysis and calculate the accident rate for corridors identified by the Pearland Police Department as having a propensity for high accidents. A comparative traffic analysis will be performed using Synchro for all major thoroughfares to establish future operational measures of effectiveness and to determine if there are future needs ranging from minor improvements such as right turn lanes and left turn lanes to more significant improvements such as additional capacity lanes. Existing condition travel time and speed will be determined through field trial runs. Synchro will be used to establish existing volume to capacity ratios and level of service, and to establish the future condition travel time, speed, volume to capacity ratio and level of service. Estimated construction for future major thoroughfare segments will be added to the Synchro model accordingly for the year 2040 analysis. Application of access management techniques will be evaluated where suitable so that maximum mobility and safety is derived from the roadway network. The consultant will help the City identify potential funding sources for future transportation system improvements. The consultant will ensure that the City's Thoroughfare Plan conforms to minimum standards that will allow for funding eligibility. City of Pearland 4 Traffic Management Plan October 27, 2010 Scope of Work The consultant will help the City work with land developers to identify and secure right -of -way for future street network expansion in a prioritized and planned manner. Task 2.3.2 Deliverables Results from the existing and future condition traffic engineering analysis will be provided in a full report which will outline the findings from the field studies and Synchro analysis. Recommendations for improvements and potential funding options will be clearly identified in the report. The Synchro model will be turned over to the City of Pearland for future use. The Consultant will provide a technical memorandum for guidance on how to utilize the Synchro model to compare alternatives for improvements beyond what is established in the report. Provide licenses for Synchro and Cube software needed for City staff to view and make minor revisions as needed. Task 2.3.3 Prioritize Identified Roadway and Intersection Improvements The consultant will work with the City to identify and categorize roadway improvements as short -term, intermediate -term and long -term in addition to low, medium and high cost solutions. Probable cost of construction will be established at a planning level with acceptable contingency for ancillary items. Information from Task 2.3.2 will be used to establish a priority for improvements. Improvements will be ranked based on an evaluation matrix recommended by the consultant and agreed upon by the City. The evaluation matrix will include a rating system that will identify a rank and weight for criteria such as safety (type and severity of crashes), LOS, congestion (delays, travel time savings), cost benefit ratio, availability of full, partial or matching funding sources, public support, priorities of the City Council, adding to the goals and vision of the City, etc. Task2.3.3 Deliverable The transportation system evaluation will be summarized in a report outlining the short term, medium term and long term improvements along with project priorities, probable cost of construction, and cost benefit analysis. City of Pearland 5 Traffic Management Plan October 27, 2010 Scope of Work FEE ESTIMATE )k k§ {k ƒ) :I: S §!!y\ 3 \k\k)) Bd} /kkB lz #7 X �k w \j �_2 r 00 Q� m k \kk a \fir&) 00 k} HOURLY RATE SCHEDULE 1 :KII1.1VA:7,t111*101:14 bill 14 CITY OF PEARLAND TRAFFIC MANAGEMENT PLAN WILBUR SMITH ASSOCIATES (PRIME CONSULTANT) PERSONNEL CATEGORY 2010 HOURLY RATE Principal $250.00 Project Manager $220.00 Technical Manager $210.00 Senior ITS/Traffic Engineer $170.00 Senior Traffic Engineer/Transportation Planner $140.00 ITS Engineer/Senior ITS Technician $140.00 Traffic Engineer/Transportation Planner $110.00 Graduate ITS Engineer $90.00 Senior CAD Tech $100.00 Graduate Traffic Engineer/Transportation Planner $80.00 CADD Technician $65.00 Clerical /Administrative $60.00 AECOM (SUBCONSULTANT) PERSONNEL CATEGORY 2010 HOURLY RATE Senior Project Manager $208.00 Project Manager $179.00 Senior Traffic Engineer $202.00 Traffic Engineer $125.00 Graduate Engineer $90.00 PROJECT SCHEDULE z F- u 2 |��e Q i ƒ 2 3 r ƒ 5 r 2 |��e PROJECT SCHEDULE -TRAFFIC MANAGEMENT PLAN Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (Task 2.1 Signal Timing 2.1.1 Data Collection 2.1.2 Plan Devleopment/Implementation (Task 2.2 Local Travel Demand Model 2.2.1 Develop Enhanced Model 2.2.2 Develop TDM User Interface 2.2.3 Model Documentation/Training Weeks 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Task 2.3 Assessment of Transp.System 2.3.1 Evaluate Thoroughfare Plan 2.3.2 Identify Operation Deficiencies 2.3.3 Priortize Improvements Sub-Task