HomeMy WebLinkAboutContract 50149 CITY SECRETARY
�O CONTRACT NO.
CITY OF FORT WORTH, TEXAS
414� ANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and MSA Professional Services, Inc. dba Ourston, authorized to
do business in Texas, (the "ENGINEER"), for a PROJECT generally described as:
Roundabout Design Services & Peer Review Contract.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation
The ENGINEER's compensation shall be billed hourly based on a not-to-
exceed amount up to $300,000 as set forth in Attachment B.
Article III
Terms of Payment
Unless terminated pursuant to the terms herein, this Agreement shall be for a term
of two (2) years, beginning upon the date of its execution, or until the completion of
the subject matter contemplated herein, whichever occurs first.
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, 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.
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(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. In the event of suspension 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 ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
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
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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 mylar sheets and electronic files in .pdf format, 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.
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
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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 the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(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 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
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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 Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. 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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) 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 five (5) 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
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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 subconsultant
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. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the
commercial umbrella, if any. This insurance shall apply as
primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
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autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy 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) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
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specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) 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. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. 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.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date 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. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
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I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. 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.
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.
The doctrine of respondeat superior shall not apply.
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 CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting 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'
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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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V if any, are included in Attachment C.
A. City-Furnished Data
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. 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
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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 prepared in accordance with Attachment D.
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.
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 for 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."
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(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 H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
1. 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.
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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 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 that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
1_This AGREEMENT may be terminated
a.) for convenience only by the City on 30 days' written notice.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days of written notice or thereafter fails to
diligently complete the correction.
(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,
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specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing 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 of 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.
F. Indemnification
In accordance with Texas 1 eGal Gc)yernment Cotte Section 271.904, the
ENGINEER shall indemnify or hold harmless. the CITY against liabiliti
fer any damage cemmitied by the ENGINEER or ENGINEER's agent
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to the ENGINEER's liability. (See Attachment C)
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
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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. 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.F.,
VI H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. 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.
Article VII
Attachments, Schedules and Counterparts
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This Agreement may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
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this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
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Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
MSA Professional Services, Inc.
Jesus J. Chapa Gilbert Hann zsch
Assistant City Manager President & CEO
Date: ��/1 `�/,ham Date: 12 2)//
APPR AL RECOMMENDED:
By:
Dorrl
ersig, P.E.
Di tepartment of Transportation
& Public Works
Form 1295 No. 2017-247030
Contract Compliance Manager:
M&C No.: C-28505
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including M&C Date: 12/12/2017
ens ng all pert nce and reporting
re em n
p ,
r
Lissette Aceved , PE, PTOE, PMP
Engineering Manager Capital Delivery Services
APPROVED AS TO FORM AND LEGALITY
By: 09ir===
Douglas W. Black
Senior Assistant City Attorney
ATT T. -7 11
Mary J. er ,
City Secretary y
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECO
RD
Revised Date:12.22.2016
Page 17 of 17 CITY 3LrCRET Ry
ATTACHMENT "A"
Scope for Engineering Design Related Services for Street Improvements
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
OBJECTIVE
The ENGINEER shall provide on-call roundabout support services based on CITY direction
and requests. These services are supplemental to CITY staff to assist with managing the
CITY's ongoing roundabout projects, including the preparation of guidelines and standards,
peer reviews, staff training, site reviews, and inventoryAracking of roundabout-related
projects.
WORK TO BE PERFORMED
Task 1. Roundabout Guidelines and Standards
Task 2. Roundabout Peer Reviews
Task 3. Roundabout Supplemental Services and Training for CITY staff
Task 4. Roundabout Site Reviews
Task 5. Roundabout Inventory and Tracking Documentation
Task 6. On-Call Service Documentation
ENGINEER hereby agrees to perform roundabout design services on a task order basis as
may be requested by the CITY during this AGREEMENT. Work under this agreement will
be performed on a Work Authorization basis. The CITY will request services for each Work
Authorization. The ENGINEER shall prepare scope, fee and schedule as necessary to
perform the services requested for each Work Authorization within five (5)working days of
the CITY's request.
Each Work Authorization shall include scope for services as Attachment "A". This scope will
outline tasks required to complete the Work Authorization. For each task the scope shall
include a detailed description of the task, outline any assumptions and list the required
deliverables.
Each Work Authorization shall include Attachment"B" detailing the compensation for the
Work Authorization. Compensation will be based upon hours agreed to by the CITY and the
ENGINEER for each Work Authorization. Compensation will be based on the Schedule of
Rates in Attachment"B" of this agreement. The fee will include an estimate of reimbursable
and sub-consultant cost for each Work Authorization. Compensation for each Work
Authorization shall be hourly.
If the Work Authorization requires a schedule it shall be attached as Attachment"U',
Each Work Authorization shall include Attachment"E" identifying the project location.
Work Authorizations may include scope from the following example tasks:
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 6
TASK 1. ROUNDABOUT GUIDELINES AND STANDARDS
The ENGINEER will develop additional draft content and documents for CITY review and
approval related to the CITY's agency-wide roundabout guidelines. Documentation will be
provided to CITY staff for review and upon approval is likely to be published on the CITY's
Buzzsaw account by CITY staff. Associated document development includes:
1.1
i. Roundabout Site Selection Criteria
ii. Initial Screening Process
iii. Intersection Control Evaluation
iv. Roundabout Analysis and Design Guideline Document
v. Public Outreach Strategies
vi. Pre-Construction Meeting and Activity Checklist
vii. Traffic Control Best Practices
viii. Roundabout Standard Construction Details
ix. Roundabout design checks and submission requirements
1.2. Communications and Reporting
• Attend a pre-task project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
services that meet CITY requirements
• Conduct and document weekly project update meetings with CITY Project Manager
• Conduct and document individual design team meetings when meetings take place
between the ENGINEER and CITY consultants.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project
ASSUMPTIONS
• The ENGINEER will provide draft documentation of the guidelines and standards
as they are being prepared by the ENGINEER to the CITY for review and
comment prior to finalization of such guidelines and standards
• The ENGINEER will itemize the guidelines and standards to be produced and
provide examples of the guidelines and standards for the CITY to select
appropriate documentation to support its roundabout program
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Monthly M/WBE Report Form and Final Summary Payment Report Form
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 2 of 6
TASK 2. PEER REVIEWS
The ENGINEER will facilitate a 3rd party ("peer review") of a current CITY roundabout
project at the request of the CITY. The scope of each peer review will be outlined and
agreed upon by both the ENGINEER and the CITY prior to commencing the peer review.
This service would include both developer-driven (private) roundabout projects and CITY
(public) roundabout projects. The following peer review processes can be provided:
2.1. Incremental (planning-level through construction)
• Incremental on-call support for the life of the project
• Prepare peer review memorandums to document review comments
2.2. Two-Stage (concept, preliminary and/or final design review)
• Peer Review Feasibility Study and/or Concept Report (Pre-30% design)
— Peer Review Report
— Provide an alternative roundabout layout
• Peer Review of preliminary or final plans
— Provide mark-up of the design plans
— Review engineering studies and calculations not previously reviewed
— Provide comments and mark-ups back to the City Project Manager
The ENGINEER will also be available to meet with the engineer-of-record alongside CITY
staff to provide comments back to the external project team.
ASSUMPTIONS
• The ENGINEER will provide an independent peer review for any roundabout
design initiated or directly designed by the ENGINEER's staff. In this case, the
ENGINEER will rely upon colleagues within North America specializing in
roundabout analyses and geometrics to provide such a review.
DELIVERABLES
A. Memorandums as listed in Section 2.1
B. Peer Review Feasibility Study and/or Concept Report (Section 2.2)
C. Alternative roundabout layout (Section 2.2)
D. Mark-ups of design plans in PDF and/or .dgn or .dwg format
TASK 3. ROUNDABOUT SUPPLEMENTAL SERVICES AND TRAINING
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 3 of 6
The ENGINEER will be present in the CITY's office's approximately one day each week, or
at a varying CITY-approved schedule, to provide formal training to CITY design and project
management staff related to current roundabout projects. The following supplemental
service and training methods can be utilized by the CITY:
3.1. Follow-up review: The ENGINEER, after having completed an individual peer
review on a City of Fort Worth roundabout project, will meet with CITY staff and
discuss comments made within the review. The review process and reasons behind
the comments will be discussed with CITY staff to build the knowledge base and
roundabout review techniques of the CITY staff members.
3.2 Over-the-shoulder: The ENGINEER will team with a CITY staff person and
commence a roundabout peer review alongside the CITY's project manager. It may
be an entire review of a submitted roundabout plan set or a specific review related to
geometry, performance checks, pavement markings, signing, landscaping,
illumination, etc.
3.3 Knowledge Exchange: The ENGINEER will cover a specific or series of specific
roundabout-related topics for CITY staff that may or may not be directly related to a
current CITY roundabout project. This may include, but is not limited to the following:
• Project Design Criteria Selection
• Operational Analysis
• Roundabout Software Training
• Capacity Sensitivity Analysis
• Performance Checks
• System Considerations
• User Considerations
• Public Outreach
• Access Control
• Principle Based Design
• Traffic Control Devices
• Landscaping and Maintenance
• Illumination
ASSUMPTIONS
• The ENGINEER will be provided with a workspace at the CITY on days when
reporting to the CITY's offices. This task will include both locations of the
downtown City Hall (TPW Department) and James avenue location (traffic and
operations).
DELIVERABLES
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 4 of 6
A. The ENGINEER will provide the CITY with all materials used as part of the
knowledge exchanges shown in Section 3.3
TASK 4. ROUNDABOUT SITE REVIEWS
The ENGINEER will attend roundabout sites under construction, pre-construction sites,
post-construction sites, or in-service sites at the direction of the CITY. Potential tasks
issued by the CITY resulting in a roundabout site visit may include the following:
4.1 The ENGINEER will meet with CITY staff and/or contractors at the site to discuss
traffic operations/handling, signing, pavement markings,jointing, or other
roundabout-related topics. The ENGINEER will document each site visit in a short
memo and provide the memo to the CITY as documentation.
4.2 Upon the CITY's request, the ENGINEER will undertake a field audit of a constructed
roundabout. Field assessment of approach speeds, circulating speeds, and exit
speeds at the roundabout will be collected. Photos of various elements of the
roundabout will be taken for record purposes. The as-constructed jointing plan will
be recorded that can be compared to the as-bid jointing plan, if discrepancies exist.
Areas of tires scrubbing interior or exterior curbs, or mounting and riding beyond the
back of curb will be documented.
4.3 The ENGINEER will capture aerial photography or video by DJI Phanton drones that
shoot Ultra High Definition video, and 12 Megapixel photos piloted by the
ENGINEER's staff licensed with the FAA and fully insured.
ASSUMPTIONS
• The ENGINEER will be provided advance direction regarding services in Task 4 prior to
undertaking such services.
DELIVERABLES
A. Site Visit Reports
B. Site Audit Report
C. Photography and video of roundabout sites (as directed by the CITY)
TASK 5. ROUNDABOUT INVENTORY AND TRACKING DOCUMENT
The ENGINEER, in coordination with CITY staff, will develop a spreadsheet that inventories
current roundabout projects within the CITY, status of the project, CITY project manager,
and review milestones completed (by the CITY or ENGINEER). This continuously updating
document will assist in an organized record of ongoing (and past) roundabout projects
developed, reviewed, and approved by the City. It will include both public and private
roundabout projects.
ASSUMPTIONS
• The ENGINEER will house this document on the CITY's Buzzsaw account for
public accessibility
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 5 of 6
DELIVERABLES
A. Ongoing updates to the inventory and tracking spreadsheet with a monthly
summary report routed to CITY staff
TASK 6. ON-CALL SERVICE DOCUMENTATION
The ENGINEER will provide weekly progress reports outlining services provided and
associated hours per each task. The weekly progress report will be emailed in PDF format
to the CITY-selected staff person. The ENGINEER will provide monthly invoices on a date
of the month pre-determined that meets the most convenient processing schedule at the
CITY.
ASSUMPTIONS
• The ENGINEER will route weekly progress reports to a pre-selected group of
CITY staff members
DELIVERABLES
A. Weekly progress reports
B. Monthly invoices
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection
and re-bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth,Texas
Attachment A
PMO Release Date:02.06.2015
Page 6 of 6
ATTACHMENT B
COMPENSATION
Design Services for
Roundabout Design & Peer Review Contract
City Project No. 101009
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries,
overhead, and profit.
Labor Category Rate
($/hour)
Team Leader/ Prince al 200-245
Senior Project Manager 180-210
Project E=ngineer 105-165
En ineer-In-Training 85-110
-------
Marketing Coordinator/ Graphic Artist 80-100
Administrative 88-95
III, Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent(10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount
Prime Consultant
MSA Professional Prime— roundabout-related $291,000 97%
Services, Inc. dba guidelines, peer review,
Ourston analysis, design, and public
outreach services
Proposed MBE/SBE Sub-Consultants
MAS Consulting Civil drawings/design and site $6,000 2.0%
Engineers observations and
measurements
GRAM Traffic North Traffic data collection $3,000 1.0%
Texas, Inc.
Non-MBE/SBE Consultants
TOTAL $300,0001 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
$300,000 $9,000 3.0%
City MBE/SBE Goal = 3.0 % Consultant Committed Goal = 3_0 %
MSA IOurston provides specialty engineering services on a project-by-project basis based on
their nationally-renowned roundabout expertise. Although their 2013 On-Call 2-yr contract
included a MBE/SBE goal waiver, they have committed to utilizing 3% as part of this agreement
utilizing two local MBE/SBE firms for the services listed above.
City of Fort Worth,Texas
Attachment 8
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
Professional Services Payment Request Project Manager: Llssede Acevedo,PE,PTOE,PMP
Project: Roundabout Design Services&Peer Review Contract
City Project#:
Work Type Desc: consultant Instructions:
FIAIC:
City Set Number: Fill in green cella including Percent Complete and Invoiced Previously Uuanities
Purchase Order: When your Invoice is complete,save and close,start B—saw and Add your invoice to the
Consultant folder within Project's folder.
MSA Professional Services,Inc.dba
Name: Oursmn
Consultant's PM: Jay VonAhsen email: ivonahsen@oumton.com
Vendor Invoice#: Office Address 13727 Noel Rd,Tower II,sure 2x0,Dallas,Tx 75240
Payment Request#: Telephone: 972-7744410
From Date: Fax: nia
To Date:
Invoice Date: Remit Address: PO Boa 435,Baraboo,WI 539130435
Pay Items Agreement
Agreement Amendment Amendment Amount to Amount Percent (b)Invoiced Current Remaining
Description Amou nt Number Amount Date Spent Spent Previously Invoice Balance
30-Dae Task 1 Romdabnut Gu.dnlines 8 Stds
Task 2 Round—1,Pecr Revs
Task 3 RAB Suppi—nnlal Scrv;n�s
and Staf'Tram
Task 4 Rounuanoul Site Re+iews __
Task 5 RAB and Track,, U..
Task 6 On-Gall Saw—Documentation
Totals This Unit:
Overall Percentage Spent:
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Roundabout Services On-Call
City Project No. 101009
ARTICLE VI, SECTION F, SHALL BE REMOVED AND REPLACED WITH THE
FOLLOWING:
(Article VI
General Legal Provisions)
F. Indemnification
In accordance with Texas Local Government Code Section
271.904, the ENGINEER shall indemnify or hold harmless the
CITY against liability for damage committed by the ENGINEER
or ENGINEER's agent, consultant under contract, or another
entity over which the ENGINEER exercises control, to the extent
that the damage is caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier. CITY is entitled to
recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
Consulting Contract Schedule Specifications U"A RT ORT H
City of Fort Worth Capital Improvement Program
Attachment D-Project Schedule
This PROJECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
Primavera(Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks,subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points,including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following,if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 1 of 2
• Other schedule-related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 2 of 2
ATTACHMENT E
Roundabout On-Call Services
City Project No. 101009
Locations shall be determined on a
project-by-project basis as assigned by
_, N' 287 / i the City of Fort Worth.
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F° n
COUNCIL ACTION: Approved on 12/12/2017
REFERENCE ** 202018 MSA
DATE: 12/1212017 NO.: C-28505 LOG NAME: PROFESSIONAL SERVICE
AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Task-Order Based Contract for Professional Services with MSA
Professional Services, Inc. d/b/a Ourston, for an Amount Not to Exceed $300,000.00 for
Professional Engineering Services for Capital and Development Projects at Various
Locations (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a task-order based contract for
Professional Engineering Services with MSA Professional Services, Inc. d/b/a Ourston, for an amount not to
exceed $300,000.00 for design services for transportation improvement projects at various locations
throughout the City.
DISCUSSION:
This Mayor and Council Communication will authorize a Professional Services contract with MSA
Professional Services, Inc., for engineering design and technical analysis services associated with
intersection capacity and safety improvements as part of ongoing infrastructure system improvements City
wide.
The selection of MSA Professional Services, Inc. d/b/a Ourston, is based on the submittal of statement of
qualifications for the City's Transportation and Public Works' Request for Qualifications advertised in the
Fort Worth Star-Telegram on January 5, 2017 and January 12, 2017. Submittals were received and
reviewed by Transportation and Public Works staff in January 2017 with MSA Professional Services, Inc.,
d/b/a Ourston, submitting Statements of Qualifications representative of the task orders to be issued as part
of this contract.
M/WBE OFFICE—MSA Professional Services, Inc. d/b/a Ourston, is in compliance with the City's BDE
Ordinance by committing to three percent SBE participation. The City's SBE goal on this project is three
percent .
The Task Orders are located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds will be available in the projects of the various capital funds on a
project by project basis and that prior to a task order being issued or an expense being incurred, the
Transportation and Public Works Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Cha old 2
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25400&councildate=12/12/2017 1/8/2018
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Lissette Acevedo (2722)
ATTACHMENTS
Form 1295 MSA.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25400&councildate=12/12/2017 1/8/2018
( -
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 12017-247030
MSA Professional Services,Inc.dba Ourston
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 08/08/2017
being filed.
City of Fort Worth,TX Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
101009
Roundabout Design Services&Peer Review Contract
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Bongard,Chuck Baraboo,WI United States X
Laue, Mike Beaver Dam.WI United States X
5 Check only if there is NO Interested Party. ❑
'llsIII I11/i
6 AFFIDAVI,,% t H i�J# I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
4z �•�� ,j
417 0 TAR
• • Signature of authorized agent of contracting business entity
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AFFIX�1t 91�yY•STAMP/SFr4L JA %
Sworn to at'itJr uzDPV"6fAe said �:h �� t`7�?�I�ic' C_ this the day of C
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to�Wfb?/y�p�hkiess my hand and seal of office.
C2LL Lao,� L V\1_1
Signature of officer ad mini sterin th Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883