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HomeMy WebLinkAboutContract 43018CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO, L4 3c� \ - STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Halff Associates, Inc., authorized to do business in Texas, (the "ENGINEER "), for a PROJECT generally described as: Design Services for Intersection Improvements Project. Article 1 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, 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. (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 service UllUVI Llll AI'3R€€1y�lENT until City of Fort Worth. Texas i OFFICIAL RECORD! Standard Agreement for Engineering Related Design Services Pg 1 ooif Release Date 7 22 2011 CITY SECRETARY FT. WORTH, Tic 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 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. City of Fort Worth Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 2of14 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 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. City of Fort Worth Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 3 of 14 (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 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the MMBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PL40 Official Release Date 7 22 2011 Page 4 of 14 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 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 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 City of Fort Wort. Texas Standard Agreement for Engineenng Related Design Services PMO Official Release Date 7 22 2011 Page 5 of 14 insurance or self - insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises /operations, products /completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY 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 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. 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 6 of 14 (2) GENERAL INSURANCE REQUIREMENTS a. 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. b. 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. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation 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. 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 City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 7 of 14 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. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 8 of 14 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. 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 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. City of Fort Worth Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 9 of 14 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 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. City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 10 of 14 (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. 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. 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 City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 11 of 14 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 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 in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out -of- pocket expenses for purchasing 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' personnel and subcontractors, and ENGINEER' compensation will be made. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 12 of 14 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. 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 City of Fort Worth. Texas Standard Agreement for Engineenng Related Design Services PMO Official Release Date 7 22 2011 Page 13 of 14 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 Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed and effective this the 9-1�^ day of �c�;`20 is ATTEST: Assistant City Attorney M &C No.: M &C Date: ZU City of Fort Worth Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 14 of 14 CITY OF FORT WORTH Assistant City Manager APPROVAL RECOMMENDED By: Dougl W. Wiersig, P.E. Direc or, Department of ransportation/ Public Works HALFF ASSOCIATES, INC. By: X0 /�l Ben min L. McGah y Senior Project Manager OFFICIAL RECORD' CITY SECRETARY s FT. WORTH, TX ATTACHMENT A SCOPE OF SERVICES DESIGN SERVICES FOR INTERSECTION IMPROVEMENTS FORT WORTH, TEXAS PROJECT UNDERSTANDING The ENGINEER understands that the CITY is requesting professional services for the design of intersection improvements in Fort Worth. The project generally consists of the preparation of construction plans and bid documents for the following improvements: 1. South Hulen Street at Granbury Road — Intersection improvements to add an additional left -turn lane (dual left turns) from southbound Granbury Road to eastbound Hulen Street. Improvements will include concrete pavement, signal modifications, signage, pavement markings, and the relocation of an existing street light/power pole and red light camera. 2. Western Center Boulevard at North Beach Street — Intersection improvements to add an additional left -turn lane (dual left turns) for northbound Beach Street to westbound Western Center Boulevard. Improvements will include concrete pavement, signal modifications, signage, pavement markings and the relocation of an existing red light camera and City of Fort Worth Development sign. 3. West Cleburne Road at Columbus Trail- Intersection improvements to widen the south leg of West Cleburne Road to match the north leg. The asphalt pavement will be widened from approximately 24 feet to 42 feet (measure from face of curb to face of curb) and will extend approximately 200 feet south. The widening will require additional right -of -way from the southeast corner property. Improvements will include HMAC pavement, signage and pavement markings. Projects will also include traffic control, bidding and meetings. SCOPE OF SERVICES If services beyond those defined in this scope are required, the CITY and ENGINEER shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not proceed with work on any additional services prior to the CITY and ENGINEER executing a written amendment. The Scope of Services includes the following primary tasks: • Task 1 - Project Management • Task 2 - Design Survey • Task 3 - Right of Way Surveys • Task 4 - Subsurface Utility Engineering • Task 5 - Geotechnical Services (Pavement Design Report for West Cleburne Road) • Task 6 - Signalization (South Hulen & Granbury and Western Center & North Beach) • Task 7 - Preliminary Design • Task 8 - Final Design • Task 9 - Bidding • Task 10- City Provided Services (Pavement Design -South Hulen & Granbury and Western Center & North Beach) Page 1 of 9 Task 1 - Project Management Project management will occur throughout the duration of the Project. The ENGINEER will provide the following project management services: • Develop communication plan including project contact list. • Coordinate with survey subconsultant. • Prepare and e-mail bi- weekly progress reports to the project team (CITY and Engineer's staff). • Prepare and update project schedule. • Conduct progress meetings to monitor the development of the project. The ENGINEER • will prepare for and attend up to: • Four (4) meetings with the CITY regarding project status and coordination issues. The first meeting will be the project kick -off meeting. • Three (3) meetings with the CITY regarding project scope and fee. • One (1) public meeting. Task 2 - Design Surveys The ENGINEER will provide the following design survey services: • Ground survey to identify and locate existing topographic elements for the project limits. The limits of survey shall include the following: • South Hulen Street at Granbury Road — all intersection improvements and extend approximately 350 feet east on Granbury Road • Western Center Boulevard at North Beach Street — all intersection improvements and extend approximately 400 feet south on North Beach Street. • West Cleburne Road at Columbus Trail — all intersection improvements and extend approximately 400 feet south on West Cleburne Road. • Ground survey shall consist of all visible existing features above ground level. These features shall include, but are not limited to, telephone poles, power poles, utilities, utility markers, fences, retaining walls, water meters, detector check valves, manholes, vaults, sprinkler heads, structures, culvert pipes, buildings, trees (6" caliper and up) and any other facilities in close proximity to the construction. • Coordinate with franchise utility companies to locate and mark their utilities prior to performing the field survey. • Prepare digital terrain model (DTM). • Tie all public improvements to existing CITY monument system. • Prepare a final topographic drawing in digital format (including contours and breaklines) showing the features located in the field. Task 3 - Right of Way Surveys • Research all affected properties and obtain copies of subdivision plats, deeds and TAD sheets. Maintain copies of all documents obtained throughout the project. • Prepare a right -of -way map of the existing right -of -way. • Locate and tie existing property comers or right -of -way monuments for right -of -way map. • Prepare 1 parcel map and legal descriptions for right -of -way takings to City of Fort Worth standards. After right -of -way documents have been approved, new right -of -way monumentation will be set. • Prepare 1 temporary construction easements to City of Fort Worth standards. Page 2 of 9 • Make revisions per City comments. Task 4- Subsurface Utility Engineering (SUE) The scope of this proposal includes Quality Level (QL) "B ". The scope of work involves QL "B" designating of the utilities as follows: • South Hulen Street at Granbury Road — The QL "B" includes the eastern median of Granbury Road and all underground traffic signal improvements. • Western Center Boulevard at North Beach Street — The QL "B" includes the southern Beach Street median and all underground traffic signal improvements. • West Cleburne Road at Columbus Trail — The QL "B" includes all utilities within the right -of -way of the south leg of West Cleburne Road extending approximately 400 feet south of the intersection with Columbus Trail. SUE work required for this project will be performed in general accordance with the recommended practices and procedures described in ASCE Publication CI /ASCE 38 -02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: • Quality Level D (QL "D ") — Information derived from existing records; • Quality Level C (QL "C ") - QL "D" information supplemented with information obtained by surveying visible above - ground utility features such as valves, hydrants, meters, manhole covers, etc. • Quality Level B (QL "B ") — Two - dimensional (x,y) information obtained through the application and interpretation of non - destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot. • Quality Level A (QL "A ") — Also known as "locating ", this quality level provides precise three dimensional (x,y,z) information at critical locations by exposing specific utilities. Non- destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. It is the responsibility of the SUE provider to perform due - diligence with regard to records research (QL "D ") and acquisition of available utility records. The due - diligence provided for this project will consist of reviewing the "As- Built" documents previously compiled by others. Utilities that are not identified through these efforts will be here forth referred to as "unknown" utilities. The defined work area will be scanned using electronic prospecting equipment to search for "unknown" utilities. TSC is not responsible for designating and locating these "unknown" utilities. Task 5- Geotechnical Services (West Cleburne Road at Columbus Trail - W. Cleburne Road Rd only) • Subsurface Exploration o Experienced drillers and technicians will evaluate subsurface conditions with two borings extending to a depth of 10 feet. Page 3 of 9 • If unusual subsurface conditions are encountered and altemate field work is indicated, the Engineer will consult with the City of Fort Worth prior to initiating any additional services. • 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 and plugged with soil cuttings. Laboratory Services • Laboratory tests are included to evaluate the classification, gradation, and certain physical characteristics of the subsurface soils. • The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. 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. We will provide three copies of the report. The report will address: a. Subsurface soil, rock and groundwater conditions on the site to depths that would be significantly affected by the proposed pavement b. Engineering characterizations of the subsurface materials encountered c. Pavement section recommendations using City of Fort Worth Draft Pavement Design Manual dated August 3, 2011 d. Recommendations regarding earthwork, including grading and excavation, backfilling and compaction, the treatment of in -place soils for the support of pavement and possible construction problems reasonably to be expected. • 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. Task 6 - Signalization • Prepare signalization plans for the following (2) intersections: • Modify existing Traffic Signal at South Hulen Street and Granbury Road • Modify existing Traffic Signal at Westem Center Boulevard and North Beach Street. The project parameters are defined below: • The plans, standards and any special specifications will be prepared using English units. • Existing traffic signal specifications and standards will be furnished by the City and will be used for design plans, unless otherwise requested by the City in writing. These include: a. City of Fort Worth Transportation and Public Works "Traffic Signal Design Guidelines, October 2007 ". Page 4 of 9 b. Example plan set illustrating desired format for each type of plan sheet to be developed by the Engineer. c. Example City standard traffic signal construction details, specifications, and Contract Documents. • The City will provide 24 -hour approach counts, turning movement counts, capacity analyses, and traffic accident data for up to three years, if available. • The City will provide determination for provision of cable TV drops, vehicle detection, and Opticom equipment. • All intersections will be designed to accommodate existing or future pedestrian activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian heads to meet ADA requirements as requested by the City. • The Engineer will prepare the following items to be included in the overall set of construction plans for bidding purposes: a. Existing Conditions Layout - showing utility lines, illumination, signs, markings, and any removals (if necessary). b. Traffic Signal Design Layout (per intersection) - showing existing utilities (utility poles, street lights, storm drains, fire hydrants, etc.), permanent traffic signal poles and mast arms, pedestrian signal poles, pedestrian signals, push buttons, controller cabinet assemblies, signal heads, street lights, detector loops or other detectors, conduit, ground boxes, power sources with distribution to signal service, communications connections, wiring diagrams, pavement markings, signal phasing plan, Opticom equipment, conduit and cable chart, pole summary chart, phasing sequence, pole details, pole locations diagram, and all other items required for the complete construction of the signals.. c. Interconnect and Service Layout - showing existing and proposed interconnect (if applicable) and service. d. Traffic Signal Standard Detail Sheets (for entire project) e. Standard Detail Sheets The work to be performed is further defined below: • The Engineer will meet with the City in the field to discuss the electric service, communications, vehicle detection, and Opticom requirements at each intersection. All existing and proposed utilities, pavement widths, lane configurations, and traffic control devices will be determined based on field observations and the record drawings provided by the City. • The Engineer will perform a capacity analysis indicating level of service for each movement at each intersection. A capacity analysis report using the SynchroTm analysis software is preferred; however other capacity methods are acceptable. • The Engineer will recommend the appropriate traffic signal phasing for each intersection with consideration to the capabilities of current City controller hardware and software operation functions. • The "short report" for each intersection is typically prepared and submitted to the City for review and approval. The City has waived the report. Page 5 of 9 Work items not included in this Scope of Services: • Confirm power source and prepare adjustment required for electric service. • Analysis (Synchro, PASSER, TRANSYT -717, etc) for determination of splits or cycle lengths. • Field adjustments to Traffic Signal Timing Plans. • Intersection manual turning movement counts or 24 -hour intersection tube counts. • Record drawings of as -built conditions, and construction phase services during signal installation Task 7- Preliminary Design 30% Preliminary Design (Concept Level) The ENGINEER will provide the following preliminary design services to prepare 30% preliminary plans at an appropriate scale on 11 "x17" sheets that include the following: • Edge of existing pavement, existing structures, mailboxes, water meters, utility poles, fire hydrants, existing and proposed driveways, existing utilities, existing rights -of -way and easements, existing and proposed sidewalk and curb ramps, proposed curb line, and proposed pavement markings on plan sheets. • Create base drawing file to include the survey line work, existing City and franchise utilities, and drainage facilities. • Conceptual plan for each intersection. The concept plan will include plan view and typical section for each intersection. • An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions • Submit one (1) set of. PDFs to the CITY The 30% design submittal shall include the following: • Preliminary roadway plan sheets; • Preliminary opinion of probable construction cost. 60% Preliminary Design The ENGINEER will provide the following 60% preliminary design services upon acceptance of the 30% preliminary plans by the CITY. The ENGINEER shall prepare 60% plans at an appropriate scale on 11 "x17" sheets. Edge of existing pavement, existing structures, mailboxes, water meters, utility poles, fire hydrants, existing and proposed driveways, existing utilities, existing utility adjustments to valves, fire hydrants and meters, existing rights -of -way and easements, existing and proposed sidewalk and curb ramps(if necessary), proposed curb line, and proposed pavement markings on plan sheets. The location, size, and species of all trees and shrubs within the limits of street right -of- way, drainage, slope or temporary construction easements. If due to the density of the growth it is impractical to show all trees and shrubs, the limits of dense stands of trees and shrubs will be shown. In any case, all trees six inches (6 ") in diameter, or larger, shall be shown, unless directed otherwise. Engineer shall indicate on the plans those trees that are to be removed and those trees to be preserved. Page 6 of 9 • Prepare project layouts to include the proposed alignments, alignment data, and survey control points. Coordinates shall be tied to CITY benchmarks and monuments. • An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions • Develop preliminary traffic control plan narrative of the suggested sequence of construction. • Develop details to clarify intent of construction sequencing in accordance with City of Fort Worth Standards. • Pavement markings, striping, and signing plans. • Collect relevant data for the project from the CITY. Data collection shall include: existing plans, maps, field notes, design criteria, applicable City Ordinances, and City design standards. • Perform up to two (2) project site visits during preliminary design. • Submit one (1) set of .PDFs to the CITY. The 60% design submittal shall include the following: • Preliminary roadway plan sheets; • Preliminary signs and pavement marking plans • Preliminary Traffic Signal plan sheets; • Preliminary traffic control plan narrative and details; and • Preliminary opinion of probable construction cost. Task 8 - Final Design The ENGINEER will provide the following final design services upon acceptance of the 60% preliminary plans by the CITY. The ENGINEER shall prepare 90% plans and final plans at an appropriate scale on 11 "x17" sheets. The ENGINEER shall also prepare contract documents, specifications, and special provisions. Final design shall include the following: • Standard CITY title page with location map and revision block in the lower right corner showing date of revision, description of revision and initials of the ENGINEER authorizing the revision. • Detail and standard sheets for the related elements of the Project. • Prepare general notes. • Prepare contract documents including the following: • City of Fort Worth standard construction contract forms; • Notice to bidders; • Special instructions to bidders; • Bid form; • Performance bond; • Payment bond; • Maintenance bond; • Certificate of insurance; • General conditions; • Special provisions; and • Technical specifications. An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The ENGINEER has no Page 7 of 9 control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. • Street addresses of all properties adjacent to Project. • Plan sheets for signs and pavement markings in accordance with the City of Fort Worth Standards. • Develop traffic control phasing plans in accordance with the City of Fort Worth Standards. Develop detour routes if necessary. • Perform up to two (2) project site visits during final design. • Submit two one (1) set of .PDFs to the CITY. Submit five (5) sets of 11"x17" design plans to the CITY at 90 %. Submit five (5) sets of full -size plans to the CITY at final design. 90% and Final Design submittal shall include the following: 0 90% and Final Plans: ■ Cover sheet ■ General notes and index of sheets ■ Project layout sheet ■ Roadway plan sheets ■ Pavement marking and signing plan sheets ■ SWPPP sheets ■ Signal Sheets ■ Traffic control plans ■ City of Fort Worth standard detail sheets ■ Detail sheets ■ Opinion of probable construction cost o Contract Documents. o Submittal of Final Construction documents for TDLR compliance. Task 9 - Bidding The ENGINEER will provide the following bidding phase services: • Answer contractor questions during the bid solicitation. • Review bid tabulations and provide recommendation of award. • Attend Pre - Construction Conference. • Review submittals. • Reproduce up to thirty (30) 11 "x17" plan sets and contract documents. • Buzzsaw - upload current plan holders list, create and upload Plan Holder Registration form, upload Final Plans and Specifications, upload Notice to Bidders, Upload any Addendums, Upload Pre bid sign in and questions and responses, upload any amended drawings and upload bid tab • Attend final walk through. • Prepare record drawings. Task 10 — City Provided Services (Pavement Design) The City's Pavement Design Engineer will provide typical pavement design for the Beach Street and Granbury Road left turn lane improvements Page 8of9 Additional Services Services below shall be considered additional and shall be performed on an individual basis upon authorization by the CITY. Such services shall include, but are not limited to, the following: 1. Additional Bidding Phase Services or more than one bid package 2. Construction Contract Administration Services 3. Establishing additional horizontal or vertical control beyond scope identified above 4. Construction Staking 5. ROW and /or easement negotiation and acquisition 6. Redesign to reflect project scope changes requested by the CITY, required to address changed conditions or change in direction previously approved by the CITY, mandated by changing governmental laws, or necessitated by the CITY's acceptance of substitutions proposed by the Contractor 7. Environmental assessment, permitting, or remediation 8. Design of any drainage improvements beyond simple extensions of existing culverts 9. Utility Relocation design beyond the improvements identified above 10. Retaining wall design 11. Illumination 12. Landscaping and irrigation design 13. Additional plan submittals beyond the number identified above 14. Franchise Utility Coordination Page 9of9 Attachment B Design Services for Intersection Improvements Fort Worth, Texas Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $125,002 as summarized in Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented Section IV, Progress Reports as required in item III of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. 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. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant $125,002 $23,768 19.01% Halff Associates Roadway and Traffic Control Proposed M/WBE Sub - Consultants $98,734 78.99 GRAM Traffic North Texas, Inc. Traffic Counts $1,813 1.45% Garcia Land Data, Inc. Survey $13,000 10.40% DJ's Print and Promo Printing $855 0.68% MagnaCore Drilling and Environmental Services, Inc Drilling (Geotechnical) $1,100 0.88% Savant Group, Inc. Traffic Study $7,000 5.60% Non -M/WBE Consultants Alpha Testing Geotechnical $2,500 2.00% TOTAL Project Number & Name Total Fee M/WBE Fee M/WBE % Design Services for Intersection Improvements $125,002 $23,768 19.01% ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Intersection Improvements City Project No. City of Fort Worth, Texas Attachment C PMO Release Date 05 19 2010 Page I of I U I Z N N 0 O u r9 o N 01 c E T T N 7 c O M r co a CD m to LL a. 0 � l I ! 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N y' r N U: �� Y �.0 m our m'E d m m 2 f0:� 2 CL .0 CL CL m -_ -� �.0 N m7 �m Uim Nrn VN cNp F- O:m T m 7 .O> z0t- cn0C7IL0) IL<IL ILrA < _s 0 N M' V In QD !00 O iOD 01 O IL 0 Eqg,'` Eagle Mountain Adountn,;ta Lake Attachment E Watauga �_'e'sl�ttt5�t .377' Lake Id W. Cleburne Road & Columbus Trail' Crowley Everman Rendon BI- Saginaw Western Center '+',;�, " Blvd. & Beach St. - � ` North Richland Hill _ I_aki�lde t s l.,,-,ke Worth 287' .�. Haltom CI tjI = Rich�ar�d Hill. Diver Oaks _! Tarrant North -. aunty ix ' White Settlement Wentworth s t � V.•Ilage } �deSE,a5a�1 ,9vE B{t Lake IB3 Benbrook ry S. Hulen Street & Edgexlifi Granbury Road VIIlaFji2 25 Forest Hill Ken^edale �_'e'sl�ttt5�t .377' Lake Id W. Cleburne Road & Columbus Trail' Crowley Everman Rendon BI- City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/2012012 DATE: Tuesday, March 20, 2012 REFERENCE NO.: * *C -25490 LOG NAME: 202011 INTERSECTION IMPROVEMENTS -PHASE 2 -HALFF ASSOCIATES, INC SUBJECT: Authorize Execution of an Engineering Services Agreement with Halff Associates, Inc., in the Amount of $125,002.00 for the Preparation of Plans, Specifications and Construction Estimates for Intersection Capacity Improvements Projects at Three Locations, Western Center Boulevard at North Beach Street, South Hulen Street at Granbury Road, and West Cleburne Road at Columbus Trail (COUNCIL DISTRICTS 3, 4 and 6) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Services Agreement with Halff Associates, Inc., in the amount of $125,002.00 for the preparation of plans, specifications and construction estimates for intersection capacity improvement projects at three locations Western Center Boulevard at North Beach Street, South Hulen Street at Granbury Road, and West Cleburne Road at Columbus Trail. DISCUSSION: The 1998 Bond Program allocated funds for intersection improvements that would promote efficient traffic flow, reduce traffic congestion and vehicular delays at intersections where traffic demands exceed the present conditions. Halff Associates, Inc., has been selected to prepare the necessary plans, specifications and estimates to perform geometric improvements at three locations: Western Center Boulevard at North Beach Street, South Hulen Street at Granbury Road, and West Cleburne Road at Columbus Trail. Improvements at these intersections would allow for additional left and right turn movements increasing capacity and reducing delays as well as decreasing air pollution. Halff Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 19 percent M/WBE participation. The City's goal for this project is 19 percent. These projects are located in COUNCIL DISTRICTS 3, 4 and 6. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 1998 Fund. FUND CENTERS: TO Fund /Account/Centers FROM Fund /Account/Centers C115 531200 020115039147 $125,002.00 Logname: 202011 INTERSECTION IMPROVEMENTS -PHASE 2 -HALFF ASSOCIATES, INC Page 1 of 2 CERTIFICATIONS: Submitted for City Manager's_ Office Fernando Costa (6122) Originating_ Department_ Head: Douglas W. Wiersig (7801) Additional Information Contact: Randy Burkett (8712) ATTACHMENTS 1. 039147 202011 INTERSECTION IMPROVEMENTS PHASE 2 HALFF AND ASSOCIATES.pdf (CFW Internal) 2. Attachment E Final.pdf (Public) 3. MBWE Contract Compliance Memorandum.pdf (CFW Internal) Logname: 202011 INTERSECTION IMPROVEMENTS -PHASE 2 -HALFF ASSOCIATES_ INC Page 2 of 2 CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW DEPARTMENT AND CITY MANAGER APPROVAL. To: Lissette Acevedo (underline appropriate on Project Manager Buyer Department Director From: Patty Wilson 8509 M/WBE Office Staff Extension Date: February 6, 2012 In the Amount of $125,002.00 TPW -01856 DOE /Project No. Project/Bid: 1998 CIP, Design Services for 2011 Intersection Impvts in Western Center, N. Beach, S. Hulen and W. Cleburne 1. Compliance with the City's M/WBE has been achieved by one of the following methods: a). Halff Associates. Inc. is in compliance with the City's M/WBE Ordinance by committing to 19% M/WBE participation. The City's goal on this project is 19 %. b). is in compliance with the City's M/VNBE Ordinance by committing to 0% MNVBE participation and documenting good faith effort. identified several subcontracting and supplier opportunities. However, the M/VVBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 0 %. c). is in compliance with City's M/WBE Ordinance by documenting good faith effort. The City's goal on this project is 0 %. d). is in compliance with City's M/WBE Ordinance by submission of the prime contractor waiver form. The City's goal on this project is 0 %. 2. The apparant low dollar bidder (s) did not comply with the City's M/WBE Ordinance because: 05 11 99