HomeMy WebLinkAboutContract 47707 CITY SECRETARY
CONTRACT Imo. �le
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and MULTATECH Engineering, Inc., authorized to do business
in Texas, (the "ENGINEER"), for a PROJECT generally described as: Arterial Roadway
and Intersection Design
Article I
Scope of Services
A. The Scope of Servicas is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation shall be in the amount of $950,000.00 as
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.
City of Fort Worth,Texas
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CITY SECRETARY
F n. WORTH, TX
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The 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.
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(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on, reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
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
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ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
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
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matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In"accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
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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 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
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acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be 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.
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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.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
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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 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
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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.
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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.
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
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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 litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
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Revised Date:9/24/2014
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated 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;
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b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
-for the convenience of the CITY. In the event of such, suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas 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.
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I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe,and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and 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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 15 of 16
Executed and effective this the 1j1q day of # VA� , 20'(x.
BY: BY:
CITY OF FORT WORTH ENGINEER
MULTATECH Engineering, Inc.
Fernando Costa P ul J. Padilla, P.E.
Assistant City Manager Vice President
Date: �� �1 f� Date: ��T� �a1lb
APPR VAL RECOMMENDED:
Douglas . Wiersig, P.E.
Director, Transportation & Public Works
APPROVED AS TO FORM AND M&C No.: 6 ` Z
LEGALITY
M&C Date:
By. 96a- tL? �# 2a/6�211Yf
Douglas W. Blac
Assistant City Attorney
AT
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o �
M ry J. Kayser
V �S
City Secretary
AS
EOFFICIALRECORDCity of Fort Worth,Texas Standard Agreement for Engineering Related Design Services RETARRevised Date:9/24/2014 TH,TX
Page 16 of 16
ATTACHMENT "A"
SCOPE OF WORK
Arterial Roadway and Intersection Design
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of I
ATTACHMENT "A"
Scope for Engineering Design and Construction Phase Services for Street Improvements
The scope set forth herein defines the contemplated work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to
be performed and address the needs of the Project.
OBJECTIVE
The objective of this Task Order Agreement is to complete the construction plans for Arterial
Roadway and Intersection Design. Work under this Task Order Agreement includes, but is not limited
to,project management, traffic studies, data collection, topographic survey,SUE,geotechnical
investigation, right-of-way documentation, operational analysis, conceptual, preliminary, and final
design plans,specifications and estimates, construction monitoring, and additional task orders as
necessary to accomplish this objective.
WORK TO BE PERFORMED
ENGINEER hereby agrees to provide services on a Task Order basis as may be directed by the CITY.
All work under this agreement will be performed on a Task Order basis. The CITY will request
services for each Task Order individually and independently. The ENGINEER shall prepare scope,fee
and schedule to perform the services requested by each Task Order within 10 working days of the
CITY'S request.
Each Task Order shall include a detailed scope of services as Attachment"A". This scope of services
will outline tasks required to complete the Task Order. The scope shall include a detailed
description of each task,outline any assumptions and list the required deliverables.
Each Task Order shall include Attachment"B",detailing the compensation for the Task Order.
Compensation will be based upon hours and labor costs agreed upon by the CITY and the ENGINEER
for each Task Order. Compensation will be based on the Schedule of Rates in Attachment"B"of this
agreement. The fee will include an estimate of reimbursable and sub-consultant cost for each Task
Order. Compensation for each Task Order shall be based upon the agreed upon not-to-exceed fee
and paid via invoiced amount.
If the Task Order requires a schedule it shall be attached as Attachment"D".
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 1
ATTACHMENT "B"
COMPENSATION
Arterial Roadway and Intersection Design
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page I of 1
ATTACHMENT B
COMPENSATION
Work Authorization Design Services for
Arterial Roadway and Intersection Design
City Project No. 100146
Time and Materials with Rate Schedule Project
I. Compensation
a. The ENGINEER shall be compensated for personnel time, non-labor expenses,and
subcontract expenses in performing services for Task Orders up to$950,000.00 unless
amended. CITY and ENGINEER will agree upon compensation for each Task Order prior
to starting work. Each Task Order shall be time and materials.
I. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work and
includes all direct salaries,overhead, and profit.
Labor Category Rate as presented in the rate schedule table below is the rate
for each labor category performing the work and includes all direct salaries,
overhead, and profit.
LABOR CATEGORY RATE($/HOUR)(2014-2015)
Principal $235
Senior Engineer $170
Engineer $140
Senior Designer $135
CAD $90
II. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or
internal office cost.
Direct Expenses (Non-labor) include, but are not limited to, mileage, travel and lodging,
expenses, mail, supplies, printing and reproduction services, other direct expenses
associated with delivery of the work; plus applicable sales, use, value added, business
transfer,gross receipts,or other similar taxes.
III. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost
to ENGINEER plus a markup of ten percent(10%).
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
IV. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and
will keep the City informed of progress toward that end so that the budget or work effort
can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted,
nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services that the PROJECT
cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope
of the project, increased costs or other conditions, the ENGINEER shall immediately report
such fact to the City and, if so instructed by the City,shall suspend all work hereunder.
When any budget has been increased, ENGINEER'S excess costs expended prior to such
increase will be allowable to the same extent as is stach costs had been incurred after the
approved increase.
The Engineer shall be paid monthly payments as described in Section II — Method of
Payment.
II. Method of Payment
a. The ENGINEER shall be paid by the City based upon an invoice created on the basis of
statements prepared from the books and records of account of the ENGINEER, based on
the actual hours and costs expended by the ENGINEER in performing the work.
b. Each invoice shall be verified as to its accuracy and compliance with the terms of this
Agreement by an officer of the ENGINEER.
c. ENGINEER shall prepare and submit invoices in the format and including content as
presented in Exhibit B-1.
d. Payment of invoices will be subject to certification by the City that such work has been
performed.
III. Progress Reports
a. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and schedules in
the format required by the City.
IV. A Summary of Task Order Fees shall accompany each Task Order.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
I. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
MULTATECH Design, Management $731,226.00 77.0
Engineering, Inc.
Proposed MBE/SBE Sub-Consultants
The Rios Group Subsurface Engineering $34,800.00 3.7
Shield Engineering Survey & Right-of-Way $88,830.00 9.3
Group
Gorrondona & Geotechnical Engineering $18,016.00 1.9
Associates
The CK Group Traffic Engineering $56,118.00 5.9
RLG Consulting Utility Engineering $21,010.00 2.2
Engineers j
Non-MBE/SBE Consultants
TOTAL $950,000.00 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
Arterial Roadway and Intersection $950,000.00 $218,774.00 23%
Design
City MBE/SBE Goal =20.00% Consultant Committed Goal = 23 %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
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CONSULTANTS LEVEL OF EFFORT
Design Services for
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City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page I of 1
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ATTACHMENT "B-3"
OPINION OF PROBABLE COSTS
Design Services for
Arterial Roadway and Intersection Design
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page I of I
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Arterial Roadway and Intersection Design
NONE
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of I
ATTACHMENT "D"
SCHEDULE
Design Services for
Arterial Roadway and Intersection Design
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of I
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ATTACHMENT "E"
LOCATION MAP
Design Services for
Arterial Roadway and Intersection Design
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
1 �
c`h` 99F rnR t j�.
�'irp:.yeC�tf'
CITY OF w �
FORT WORTH ►G�
' OF
KELLER
or- 1
KELLER-HICKS ROAD
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/17/2016
DATE: Tuesday, May 17, 2016 REFERENCE NO.: C-27724
LOG NAME: 20ENGINEERING SERVICES AGREEMENT
SUBJECT:
Authorize Execution of a Professional Services Agreement with Multatech Engineering, Inc., in the Amount
Not to Exceed $950,000.00 for Design Services Including the Design of Intersections, Arterial Roadways
and Associated Elements and Project Management Services (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Professional Services Agreement
with Multatech Engineering, Inc., in the amount not to exceed $950,000.00 for design services including
the design of intersections, arterial roadways and associated elements and project management services.
DISCUSSION:
The Professional Services Agreement recommended by this Mayor and Council Communication will
provide assistance to the Transportation and Public Works engineering personnel to expedite the delivery
of projects. The Agreement will provide flexibility and rapid response to requests for professional
engineering services for transportation-related design elements. The recommended agreement provides
for the design of intersections, arterial roadways with related functionalities and future construction project
management services. Multatech Engineering, Inc. proposes to perform this work on a request-based,
time and materials basis for a fee not to exceed $950,000.00. Transportation and Public Works staff will
issue task orders to authorize the consultant to perform under this Agreement.
Task Order 1 under this Agreement would provide engineering services for the design of Keller Hicks
Road from Lauren Way to the eastern city boundary with the City of Keller. Task Order 1 will also include
planning and schematic layout for future improvements to Keller Hicks Road from Lauren Way to Park
Vista Boulevard. Staff anticipates that this project will be completed by a pending Interlocal Agreement
with the City of Keller to extend the limits to US 377. The project would expand the existing two-lane
roadway to a four-lane divided commercial collector street. Task Order 1 is expected to be in the amount
of$660,000.00.
M/WBE OFFICE —Multatech Engineering, Inc., is in compliance with the City's BDE Ordinance by
committing to 20 percent SBE participation. The City's SBE goal on this project is 20 percent. Additionally,
Multatech Engineering, Inc. is a certified M/WBE firm.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as appropriated,
on a project by project basis of the various capital project funds.
Logname:20ENGINEERING SERVICES AGREEMENT Page I of 2
FUND IDENTIFIERS (FIDs):
TO
Fund Department ID Account Project ID Pro ram ActivRy Budget Year Reference# Chartfield 2 Amount
FROM
Fund Department ID Account Project ID Pro ram Activit Bud et Year Reference# Chartfield 2 Amount
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Martin Phillips (8447)
ATTACHMENTS
1. 1295-Arterial Roadway and Intersection Design.pdf (Public)
2. Compliance Memo- Multatech.pdf (CFW Internal)
3. Keller Hicks Rd MAP Multatech (20ENG SRVCS).pdf (Public)
4. Multatech Engineering search Results (19).pd (CFW Internal)
Logname:20ENGINEERING SERVICES AGREEMENT Page 2 of 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 2 =
OFFICE USE ONLY
Complete Nos.1-4 and 6 if there are interested parties.
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-24494
Multatech Engineering, Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/10/2016
being filed.
Date Acknowledged:
City of Fort Worth 5-//8/20/6
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
100146 I'
Arterial Roadway and Intersection improvements
{
f`
Nature of interest(check applicable)
4
Name of Interested Party City,state,Country(place of business) Controlling Intermediary
Torres, Martin Fort Worth,TX United States X
Maloney, Laurence Fort Worth,TX United States X
Tyson, Charles Fort Worth,TX United States X
F
Smith, Benjamin
Fort Worth,TX United States X J
ki
�3
Gallagher, Patrick Fort Worth,TX United States X
ka
Fort Worth,TX United States
Read, Barry X
r-
Overland Park, KS United States X
Anderson, David
Fort Worth,TX United States X
Craig III, Leo
Fort Worth,TX United States X
Otteson,Jack ,'::
Chen, Hong Fort Worth,TX United States X
Fort Worth,TX United States X
Saenz, Alfred
Fort Worth,TX United States X
Padilla, Paul
-i
a
{
i
Version V1.0.312
Forms provided by Texas Ethics Commission www.ethics.state.tx.us
CERTIFICATE OF INTERESTED PARTIES FORM 1295
2of2
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY i
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING +
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-24494
Multatech Engineering, Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03(10/2016
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
100146
Arterial Roadway and Intersection improvements
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
I
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
,Y SYLVIA WOODALL
Notary Public,State of Texas
My Commission Expires
ar'� August 05, 2019
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE n
Sworn to and subscribed before me,by the said Pte'�`( `� ` Pte` ' cl- this the 10 day of
20 /(e to certify which,witness my hand and seal of office.
Cc
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Version V1.0.312
Forms provided by Texas Ethics Commission www.ethics.state.tx.us