Loading...
HomeMy WebLinkAboutContract 35341-A4 AMENDMENT NUMBER 4 TO CITY SECRETARY CONTRACT NO. Sia WHEREAS, the City of Fort Worth (CITY) and Transystems Corporation Consultants, (ENGINEER) made and entered into City Secretary Contract No. 35341, (the CONTRACT) which was authorized by the City Council by M&C C- 22140 on the 29th day of May, 2007 in the amount of $767, 476. 00; WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 which was administratively authorized by the City on the 1st day of October, 2007 in the amount of $0. 00, Amendment Number 2 which was authorized by the City Council on the 6th day of October, 2009 (M&C 0- 23834) in the amount of $178, 000 . 00, Amendment Number 3 which was administratively authorized by the City on the 20th day of February, 2012 in the amount of $25, 948 . 85; WHEREAS, the Contract involves engineering services for the following project: Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue, Project Number 00141; WHEREAS, it has become necessary to execute Amendment No. 4 to said Contract to include an increased scope of work and revised maximum fee; NOW THEREFORE, CITY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the Contract: 1. Article I of the Contract is amended to include the additional engineering services specified in the proposal letter dated February 25, 2014, copies of which are attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer total $45, 000. 00 . 2. rn m Article II of the Contract is amended to provide for an increase in the maximum fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall not exceed the sum of $1, 016, 424 . 85. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Page --I- 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER Transystems Corporation Consultants Fernando Costa Raul Pena, III, P.E. Assistant City Manager Regional Vice President DATE: .3v* DATE: APPROVAL RECOMMENDED: Douglas Wiersig, P.E. Director, Transportation ublic Works Department APPROVED AS TO FORM AND LEGALITY: M&C: // W40L— Date: Douglas W. Black Assistant City Attorney ATTEST: V.OR)- 0 ® 00 g $� City Se car 00 �� TAX OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page -2- February 25, 2014 Mike Weiss, PE City of Fort Worth Transportation and Public Works Department 1000 Throckmorton Fort Worth, Texas 76102 Reference: Hemphill Lamar Connector Amendment#4 Review of Value Alternatives with McCarthy (CMAR) Hourly NTE $45,000 TranSystems will work on an hourly basis, as directed by the City, to collaborate with MCCarthy (CMAR) to develop and analyze value related alternatives for the project. This work will include analysis of proposed alternatives and their likely impact to cost, schedule and approvals. It is anticipated that City selected alternatives will be discussed with stakeholders, TxDOT and UPRR to receive input and feedback. This scope of work does not include final design, revisions to plans or final approvals from TxDOT and UPRR for implementation of selected value alternatives. Original Contract Amount $767,476,00 Amendment 1 $0.00 Amendment 2 $178,000.00 Amendment 3 $25,948.85 Previous Contract Amount $971,424.85 Proposed Amendment 4 $45,000.00 New Contract Amount $1,016,424.85 If you should have any questions, please feel to contact me at 817-334-4428. Sincerely, f l Raul Pena ill, PE Principal CITY SECRETARY CON TI AC i NO. ��� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and TranSystems Corporation Consultants (the "ENGINEER"), for a PROJECT generally described as: Engineering Services for the design of the Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the CITY sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In . the event of ENGINEERING CONTRACT(REV 4114105) L Page 1 of 15 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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same_ Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of ENGINEERING CONTRACT(REV 4114/05) ` Page 2 of 15 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 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility ENGINEERING CONTRACT(REV 4144105) Page 3 of 15 ar Aib '�a-LA ye17EG , 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 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 are incorporated into the record drawings. I. Minority and Woman Business Enterprise (M1WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the CITY has goals for the participation of minority business enterprises and woman business enterprises in CITY contracts. ENGINEER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. ENGINEERING CONTRACT(REV 4114105) Page 4 of 15 J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give 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. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the CITY certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence ENGINEERING CONTRACT(REV 4114105) Page 5 of 15 ` ? - A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CiTY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be ENGINEERING CONTRACT(REV 4114105) Page 6 of 15 sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion, and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the CITY. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. 0) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. 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. ENGIiVEERiNG CONTRACT(REV 4114105) ......... . Page 7 of 15 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. 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' 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. Article V Obligations of the CITY Amendments to Article V, if any, are included in Attachment C. A. CITY-Furnished Data The CiTY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. ENGINEERING CONTRACT(REV 4114105) Page 8 of 15 B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER'S services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. 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. ENGINEERING CONTRACT(REV 4114145) Page 9 of 15 i< + ii�rrf f G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in ENGINEERING CONTRACT{REV 4114105} Page 10 of 15 .�I •^..�J�.�I�F �LGr.a litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the CITY for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. ENGINEERING CONTRACT(REV 4114105) L) rt �l 5� 7ti.ti Page 11 of 15 �# (2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b_) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.} The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. ENGINEERING CONTRACT(REV 4114105) Page 12 Of 15ii"lµJ �kWA 111 >t_ i� }�.J H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification_ Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. if litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been ENGINEERING CONTRACT[REV 4114105] Page 13 of 15 contained herein. Articles V.F., VI.B., VI.D., WH., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) i i +:: tut .'1.. ��2 C7 4 ..-- ....�iii.... ENGINEERING CONTRACT(REV 4114145) ?'? '�'t Page 14 of 15 t ,., ATTEST: CITY OF FO TH [)"_N Marty HendrY Marc Ott City Secretary Assistant City Manager APP E AS TOT OR APPROVAL RECOMMENDED: G my RAK Robert G ode, P.E., Director Assistant City Attorney Transportation/Public Works ATTEST: TRANSYSTEM CORTION CONSULT NT7 _ 1 Rauf P na 111, E. Regional al Vice resident ly0 Contract Authorization Date ENGINEERING CONTRACT{REV 4114105} Page 15 of 15 ATTACHMENT A—SCOPE OF SERVICES Hemphill-Lamar-Taylor Connector Scope of Services December 05,2006 Surveying Services This scope of services is for the production of right-of-way maps, parcel maps,topographical surveys and necessary documents for the acquisition of right-of-way and permits for the design and construction of the Hemphill-Lamar Connection in the City of Fort Worth,County of Tarrant,Texas. A. Property Ownership-Prepare a spreadsheet document containing ownership information of all properties within limits of project. B. Parcel and Right-of-Way Maps- A map will be prepared showing the following; 1. Current Property lines 2. Apparent Property Owners 3. Recording information from Tarrant County Courthouse 4. Proposed right-of-way lines C. Vertical and Horizontal Control 1. Approximately 10 horizontal and vertical control points shall be established throughout the project limits. 2. Horizontal Control shall be on North American Datum, 1983(NAD'83),Texas State Plane Coordinates, North Central Zone. 3. Vertical Control shall be established on the horizontal control utilizing City of Fort Worth benchmark information and datum. D. Topographical Survey-The topographical survey shall supplement the existing topographical survey, including the following: 1. Field verification of existing topographical survey with comparative ties. 2. Cross-Sections of the proposed right-of-way 75 feet left and right of the centerline of the proposed right-of-way,every 50 feet, from the North right-of-way of Vickery Blvd.to the South right-of-way of 1-30. 3. Cross-Section of 1311 St.,from Lamar St.to Taylor St.,every 50 feet, 10 feet beyond the existing right-of-way. 4. Tie all visible utilities within limits of cross-sections. 5. Tie and provide descriptions of all sub-utility markings provided by DIGTESS within limits of cross- sections. 6. Tie all improvements within limits of cross-sections. 7. Ties to existing 1-30 Bridge along the North&South edge of 1-30 8. Ties to four sets of railroad tracks, 1300 feet left and right of the centerline of the proposed right-of- way, every 100 feet. E.Right-of-Way Parcels&Permits- prepare the necessary documents and exhibits for the acquisition of right-of-way within the project limits(7+1-),consisting of the following properties: 1. Tr.8A,Sarah G.Jennings Survey,A-844 ■ 501 Lancaster Ave. ■ Ron Investments, Ltd. 2. Tr.8F, Sarah G.Jennings Survey,A-844 Scope of Services for Hemphill-Lamar-Taylor Connector 1 Fort Worth,Texas mSystems."> ATTACHMENT A—SCOPE OF SERVICES ■ 1291 Lamar St. Ron Investments,Ltd. 3. Tr.8F-1,Sarah G.Jennings Survey,A-844 • Jennings Ave. ■ Nile Properties, Ltd. 4. Tr.8F-2,Sarah G.Jennings Survey,A-844 • 0000 Lamar St. ■ City of Fort Worth 5. Tr.9B,Sarah G.Jennings Survey,A-844 ■ 800 W.Vickery Blvd. ■ 650 Vickery,LP 6. Lot 1,Block 17,Texas&Pacific Railroad Company's Add. ■ 401 W.Lancaster Ave. ■ Cleopatra Investments, Inc. 7. Lot 5, Block 2, Saunders Add. ■ 401 W. 13th St. ■ Gary&Jay H. Frankel Basic design Services A. Project Management I. Coordinate the project with the City and other affected organizations during the design. 2. Perform general administration duties, including:management of subconsultants,scheduling; record keeping;and file management. 3. Attend meetings with officials from the City, utility companies, railroad companies and other governmental agencies. 4. Conduct public meetings with stakeholders. 5. Oversee quality assurance and quality control[QA/QC)program. Each scheduled submittal of plans to the CITY will receive QA/QC. B. Plans and Specifications Final plans and specifications suitable for bidding and construction,with opinions of probable construction costs,to include: 1. Roadway Plan and Profiles(including sidewalks)--plan 1 profiles will be prepared at 1"=20'. These plan and profile sheets will provide horizontal and vertical geometry for layout and construction of roadway and related improvements. 2. Roadway cross-sections--crass-sections will be prepared at 140'intervals and at locations of where additional evaluation is needed. Cross-Sections will be prepared at 1"=1 0'horizontal and 1'=10'vertical. 3. Storm Drainage Design—separate storm drainage layout and profiles will be prepared for storm sewers.These plans will be prepared at V=20'.Storm drain inlets,manholes, storm sewers and related details will be included. It is assumed that storm sewer design will be limited to a gravity system.Storm Drainage plans will include the following sheets: a. Drainage Area Map(Hydrology and Hydraulic calculations), b. Plan and profile sheets for proposed storm sewer. e. Related details for inlets,manholes and junction box. The scope of this project is based on the following assumptions: 1)outfall is assumed to be within the limits of the project and 2)design of sump pumps and related facilities is not included in this scope. 4. Retaining Wall Plans Scope of Services for Hemphill-Lamar-Taylor Connector 2 Fort Worth,Texas e Y L ATTACHMENT A—SCOPE OF SERVICES a. Permanent Retaining Walls-TranSystems will evaluate drilled shafts,soil nailing,cast- in-place and soldier piling as possible alternatives for retaining walls along the Lamar- Hemphill connector. Final retaining wall design will be based on the preferred systems for the project. Detailed design drawings will include layouts,sections and profiles. b. Temporary Construction Walls—TranSystems will identify temporary retaining walls to assist in the construction sequencing of the railroad bridges.These walls will be schematically designed to show intent of construction sequencing and quantities without specifying means and methods to the contractor. Final detailing will be provided by the contractor though shop drawing submittals.TranSystems will review these shop drawings as described in Construction Services. 5. Signal Plans-Signal design will be performed at the Lancaster Avenue 1 Lamar Street and Vickery Boulevard 1 Hemphill Street intersections.Signal plans will be prepared at 1"=50"and will consist of the following sheets: a. Existing Layout and Removals b. Traffic Signal Design Layout c. Signing and Markings Layout d. Sidewalk and Ramp Layout 6. Illumination Plans- Plans for illumination will include: a. Bridge 1 Safety Illumination for the connector underpass. b. Roadway Illumination for roadway from Lancaster Avenue to Vickery Boulevard. 7. Pavement Markings and Signing Plans—City standards will be utilized where appropriate and specific layouts will be provided for Lamar Street between Lancaster Avenue and 1311 and for 1311 from Lamar Street to Taylor Street. 8. UPRR Bridge Plans—TranSystems will meet and coordinate with the railroad to provide design and details of the proposed bridges for this location.TranSystems will prepare layouts and exhibits for communicating the proposed construction to the railroad and for preparation of the railroad agreement. Once a railroad approval of the layout and exhibits has been approved,TranSystems will provide design and details of the proposed structure.Typical railroad details will be used wherever possible in the development of these details. 9. Railroad Track Plans—TranSystems will provide track layout and details to facilitate construction of the proposed bridges.This scope is based on a track layout of approx 1300'east and west of the bridge construction(approx.a 2600'corridor).These plans will be in accordance with the Union Pacific Railroad standards and guidelines. TranSystems will meet with the railroad to determine critical design criteria for this track.This information will be provided in the railroad exhibit prepared for inclusion in the railroad agreement. 10. Miscellaneous Details—Standard details from the City,TxDOT and UPRR will be utilized where feasible and suitable.Special details will be prepared as needed for project specific needs. 11. Specifications and Contract Documents—Standard specifications will be referenced from the City, TxDOT,AREMA and UPRR as required for the project.Special provisions will be prepared as needed for project specific needs.Contract documents will be prepared that will incorporate a Notice to Bidders, Proposal,General Provisions,Special Provisions,and City standards for bonds and contracts. 12. Opinions of Probable Construction Cost-Opinions of Probable Construction Cost will be submitted along with plans at 30%-60%-90°l0- Final submittals. C. Construction Phase Assistance Assistance during construction including interpretation of contract documents and review of contractor shop drawings and submittals as follows; 1. Bidding Assistance a. TranSystems will assist the CITY during bid phase including preparation and delivery of addenda to plan holders and responses to questions submitted to the prospective bidders. b. Engineer shall attend the scheduled pre-bid conference. Scope of Services for Hemphill-Lamar-Taylor Connector 3 Fort Worth,Texas • Systems ATTACHMENT A—SCOPE OF SERVICES c. TranSystems will assist in reviewing the bids for completeness and accuracy. d. TranSystems will attend the project bid opening,develop bid tabulations in hard copy and electronic format,and submit four(4)copies of the bid tabulation. 2. Construction Related Assistance a. TranSystems will review shop drawings that have been submitted to the City.These drawings will be reviewed and returned to the City with comments for the contractor to address. b. TranSystems will make occasional visits to the site as may be requested. Special Services A. Geotechnical Investigation: 1.Subsurface Exploration Based on past experience in the vicinity of the project,we anticipate subsurface conditions to consist of soils and rock of the Fort Worth Limestone and Buck Creek Formation north of the railroad tracks and PawPaw,Weno Limestone and Denton Clay geologic fonnations south of the railroad tracks. Clays overlying limestone and shale are anticipated to be present. The geotechnical engineer estimates the depth to unweathered limestone and/or shale to be 25 to 30 feet below existing grade. Prior to field drilling,borings will be staked, underground utilities will be checked,and permitting required will be coordinated with TxDOT and the railroad if borings are located in the railroad ROW. This will consist of a traffic control pian as approved by TxDOT which includes safety signs,safety cones,and flagmen,as appropriate. Experienced drillers and technicians will evaluate subsurface conditions with a total of 15 sample borings as follows: Railroad Bridge-3 borings extending 25 ft. into unweathered limestone and/or shale for total estimated boring depth of 50 to 55 ft. • Soil Nail Walls-8 borings extending 25 to 40 ft.(depending on wall height) Pavement Design (per City of Fort Worth 2005 design standards)-4 borings extending to 10 ft. The field personnel will drill the borings using truck-mounted equipment. Cohesive and non-cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. Representative continuous samples of rock will be obtained using NW-size(formerly NX),double tube core barrels. In addition, rock encountered will be evaluated by use of Texas Department of Transportation(TXDOT)cone penetration tests. A soils logger will extrude the samples in the field,check the samples for consistency with a hand penetrometer,carefully wrap them to preserve their condition,and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. Boring locations will be staked using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations,boreholes will be backfilled with drill cuttings and plugged at the surface by hand tamping. 2. Laboratory Services Considering the planned roadway improvements,anticipated soil conditions and geology, laboratory tests will be required for classification purposes,and to determine strength characteristics. The following types of tests are therefore recommended: Scope of Services for Hemphill-Umar-Taylor Connector 4 Fort Worth,Texas Kff�Vstp Il Is ATTACHMENT A—SCOPE OF SERVICES a. moisture content and soil identification b. liquid and plastic limit determinations c. grain size analysis tests d. unconfined compression tests on soil and rock and direct shear tests on soil e. soil corrosion tests,including resistivity, pH,chloride and sulfate The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. 3. Engineering Services An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. The report will address: a. general soil and ground-water conditions b. recommendations for bridge foundation,depth and allowable loading c. geotechnical design parameters for soil nail walls d. foundation construction requirements e. earthwork recommendations f. pavement design per City of Fort Worth 2405 standards Items other than those specified above,which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services,if required and requested,will be performed as Additional Services. S. Permitting: 1. Texas Department of Transportation(TxDOT) a. Prepare plans and specifications for TxDOT review and approval. b. Prepare necessary permit applications and related exhibits. 2. Union Pacific Railroad(UPRR) a. Coordinate with UPRR as needed to obtain approval of a proposed alternative to construct the Hemphill-Lamar connector under the railroad. b. Provide preliminary plans and concepts for UPRR's review and comment. c. Prepare necessary exhibits for City to use in preparation of agreement with UPRR. d. Submit final plans and specifications for UPRR review,comment and approval. 3. Texas Department of Licensing and Regulation(TDLR) a. Register Project with TDLR(at 60%). b. Submit to TDLR for General Review comments. c. Prepare plans and incorporate general comments. d. Submit Final plans for approval and make final revisions as needed. e. Arrange for TDLR Registered Accessibility Specialist to inspect final construction of project. C. Subsurface utility Engineering: 1. Provide Quality Level B(QL-B)services within the proposed new right-of-way(ROW)of Hemphill Street and for the entire intersections of Vickery Blvd/Hemphill Street,Lancaster Ave./Hemphill Street and 131h Street/Hemphill Street(from curb return to curb return within these intersections). OL-B services includes mapping all utilities within these project limits. 2. Identifying,inventorying and mapping existing overhead utility systems is included within this scope of services. 3. Quality Level A(OL-A:test holes)will be provided at up to seven locations as determined by the Client after review of QL-B services. 4. Existing horizontal and vertical control will be used for the collection of field information and plotting utility information. Scope of Services for Hern ph ill-Lam ar-Taylor Connector 5 Fort Worth,Texas S� s} I115 ATTACHMENT A—SCOPE OF SERVICES 5. Applications will be made with TOOT Fort Worth District and railroad purveyors for accessing their ROWS to provide these services. Arrangements will be made with the railroad purveyors for required flag-persons, etc.to provide work within their ROW. Processing and acquiring permits and/or right-of-entry to properties not owned by the City of Fort Worth will also be performed. 6. The following Subsurface Utility Engineering(SUE)services are defined: a. Duality Service Level D(QL-D)—This level of service is inclusive of QL-B services and consists of the collection of existing utility record information(as-built)from utility purveyors, municipalities,counties and other agency suppliers within the area of investigation. Typical utilities included are:primary electric,telephone,cable TV,fiber optic,gas,petroleum,water, sanitary sewer and storm drain systems. Meet with TOOT to collect the utility record information that TxDOT has on file for this project. b. Quality Service Level C(QL-C)—This level of service is inclusive of QL-B services and consists of field locating to obtain accurate horizontal position of visible utility surface features for all of the utility systems located within the project limits. c. Provide Quality Service Level B(QL-B Designating Services)-Quality Levels D and C are inclusive with Level B services. Designate is to indicate,by marking with paint,the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques,including, without limitations, electromagnetic,sonic and acoustical techniques. Provide the following designating services to aid the Client in the design of site, right-of-way,construction plans or project development plans,or far other purposes as agreed to by the parties. 1. Provide all equipment,personnel and supplies required for performing designating services. 2. Conduct appropriate investigation of site conditions. 3. Designate the approximate horizontal location of the existing utilities within the project limits as previously described in the Project Understanding section of this contract. 4. Mark the utilities on the ground to be surveyed. 5. Markings on the ground are to be used for design purposes and not for construction excavation purposes. The use of information provided does not relieve any contractor from the duty to comply with applicable utility damage prevention laws and regulations,including, but not limited to, giving notification to utility owners or"one- call"centers before excavation. 6. The accuracy of subsurface data can be influenced by factors beyond our control, such as conductivity of materials and their surroundings,soil moisture content, proximity of other underground utilities or structures,depth of utility,etc. Therefore, only the accuracy of data obtained by actual physical verification(through vacuum excavation or otherwise)can be guaranteed to applicable engineering and/or surveying standards. 7. SUE services will be performed to the prevailing standard of care applicable in the Subsurface Utility Engineering profession. 8. Data Management—analyze and correlate all of the field-collected information with the collected record information for ensuring continuity of the information collected. Resolve conflicts with Level D,C, B and A information. All information will be correlated to the project's monumentation. 9. Plan Preparation—Plan sheets(24"x 36")will be prepared utilizing the format required by the Client. The utilities will be referenced by the type of utility,color coded to American Public Works Association standards, utility company or agency name,address,telephone number and contact person. 10. Quality Service Level A- Locating(Test Hole)Services: Locating services is to locate the accurate horizontal and vertical position of subsurface utilities by excavating a test hole using vacuum excavation techniques and equipment that is Scope of Services for Hemphill-Lamar-Taylor Connector 6 Fort worth,Texas ® L EsySte r l S f ATTACHMENT A—SCOPE OF SERVICES non-destructive to utilities. Quality Level B services are inclusive of QL-A services. The following services for will be provided for obtaining QL-A information. a.Provide all equipment,personnel and supplies required to perform locating services. b.Utilize existing records and designated utilities at the site and investigate site conditions. c.Excavate test holes to expose the top of utility to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured. In performing such excavations, applicable utility damage prevention laws will be followed. Excavations will be performed using specially developed vacuum excavation equipment that is non-destructive to existing facilities. d.Investigate,evaluate,measure and record a)the actual depth to the top of utility and b)the outside diameter of utility and configuration of non-encased,multi- conduit systems. e.Furnish and install markers directly above the centerline of utility structure and in each excavated test hole. f. Backfill around the exposed facility using the excavated materials. Excavations will be backfilled and compacted in 6 inch lifts. Compaction will comply with permit requirements. g.Provide restoration of pavement within limits of original cut. When test holes are excavated in areas other than roadway pavement,these disturbed areas shall be restored as nearly as reasonably possible to the condition that existed prior to excavation. h.Evaluate and compare field information with utility information described in utility records and resolve conflicts. D. Aesthetic Enhancements: TranSystems will incorporate aesthetics into final plans and specifications 1. Create conceptual 3D model 2. Develop 3-4 different aesthetic options for both entrances and present in 3D model 3. Develop color schemes for aesthetic treatments and retaining walls 4. Coordinate 3 stakeholder meetings a. Meeting#1:present downtown architectural language and interview stakeholders. Leave with an understanding of stakeholder goals and issues. b. Meeting#2:present 3-4 aesthetic options with color schemes. Leave with an understanding of option preference(or combination of options preference) c. Meeting#3: present final scheme with colors incorporated in 3D. 5. Work with engineers to develop construction documents to incorporate aesthetic option. E. Public Involvement: TranSystems will provide the following public involvement services: 1. Lead Public Involvement meetings with stakeholders of project.(Conduct up to 4 public meetings) 2. Send meeting notices to Downtown Fort Worth Inc., Historic Fort Worth, Fort Worth South,TOOT, UP RR and other groups as identified by the City. 3. Provide exhibits suitable for meetings. 4. Prepare Meeting Notes F. Reimbursables 1. 30 set of plans for interim reviews 2. 20 sets of plans for utility coordination 3. 44 sets of the final plans and specifications for distribution to potential bidders. 4. 1 Mylar set of final plans for City vault Scope of Services for Hemphill-Lamar-Taylor Connector 7 -- Fort worth,texas ATTACHMENT A—SCOPE OF SERVICES 5. 4 mounted exhibits for Public Meetings 6. TDLR review fee 7. UPRR flagman for survey work in railroad right-of-way Assumptions: 1. SUE work excludes work on 1-30 due to existing bridge area which was constructed for proposed project. 2. No Easement Acquisition services included at this time.This service will be performed by City forces. 3. Environmental documentation is not included 4. Utility relocation design is not included 5. No sump Pump or off-site drainage is included 6. Plans and specifications for demolition not included 7. UPRR will perform railroad signal plan work 8. Does not include preparation of the actual contract(agreement)between the railroad and the City. Scope of Services for Hemphill-Lamar-Taylor Connector e Fort Worth,Texas JIS��Il�� Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/29/2007 DATE: Tuesday, May 29, 2007 LOG NAME: 20HEMPHILLCONN REFERENCE NO.: **C-22140 SUBJECT: Rescind Award of Contract to Transystems, Inc., and Authorize Execution of Engineering Services Contract with Transystems Corporation Consultants for the Design of the Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue RECOMMENDATION: It is recommended that the City Council: 1. Rescind the award of contract to Transystems, Inc.; and 2. Authorize the City manager to execute a contract with Transystems Corporation Consultants in the amount of $767,476.00 for the design of the Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue. DISCUSSION: On April 10, 2007, (M&C C-22050) the City Council authorized the City Manager to execute a contract with Transystems, Inc. Subsequent to Council approval, it was determined that the name of the legal entity should be Transystems Corporation Consultants rather than Transystems, Inc. Transystems Corporation Consultants is in compliance with the City's M/WBE Ordinance by committing to 28 percent MIWBE participation. The City's goal on this project is 28 percent. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that funds are available in the current capital budget as appropriated of the Street Improvement Fund. TO Fund/Account/Centers FROM FundlAccountlCenters C200 531200 209230014130 $767,476.00 Submitted for City Manager's Office by: Marc Ott(8476) Originating Department Head: Robert Goode (7913) Additional Information Contact: Tom Leuschen (2442) http://www.cfwnet.org/council packet/Reportslmc_print.asp 05/30/2007