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Home My WebLink AboutContract 49825 CITY SECRETARY CONTRACT NO. I ..� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL 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 "2018 Bond Street Reconstruction Contract 2, CPN# 101120." Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation The ENGINEER's compensation shall be in the amount of$300,000.00 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 1 2'j City of Fort Worth,Texas g S Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 1 of 17 OFFICIAL RECORDDC .CIVEU CITY SECRUARY OCT ,- 2017 CICID CITY OF FORT WORTH FT.WORTH, TX r CITYSECREI'ARY i any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 2 of 17 the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 3 of 17 the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 4 of 17 r work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 5 of 17 CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of"any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 6 of 17 engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 7 of 17 -a documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 8 of 17 I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 9 of 17 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 10 of 17 A in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 11 of 17 (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 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. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 12 of 17 A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) for convenience only by the City on 30 days' written notice. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 13 of 17 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 or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control, other than liability for damage to the extent caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 14 of 17 The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules and Counterparts This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of 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:12,22.2016 Page 15 of 17 a Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER MULTATECH Engineering, Inc. Jesus Chapa aul J. Padilla, P.E. Assistant City Manager Vice President Date: L-2 0 2 Date: 10-16-2017 APPROVAL RECOMMENDED: By: Douglas6N.Wiersig, P.E. Director, Transportation Aublic Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Y,oe� Ma n E. Sr. Professional Engineer, TPW City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 OFFICIAL RECORD Page 16 of 17 CITY SECRETARY FL WORTH,TX i APPROVED AS TO FORM AND LEGALITY By: i?�7 ouglas W. Black Assistant City Attorney Form 1295 No. ATTEST: a M&CNo. C-28397 Mibry J. t r City Secret ry M&C Date: 09-26-2017 OF FOR?, 0 _ �XAS City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:12.22.2016 Page 17 of 17 FT.WORTHS TX i PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and 0) will not boycott Israel during the term of the contract. Signat e Vice President Title 10-16-2017 Date N RECORDRETARYTH, TX J ATTACHMENT "A" Scope for Engineering Design and Construction Phase 2018 Bond Street Reconstruction Contract 2 CPN 101120 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 Neighborhood Streets as assigned. An individual scope of work will be defined as projects are identified and assigned. Work under this agreement includes, but is not limited to, project management, data collection, topographic survey, subsurface utility exploration (SUE), right-of-way documentation, conceptual/schematic design, preliminary and final design, bidding, and construction phase services for transportation improvements 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 r ATTACHMENT B COMPENSATION Work Authorization Design Services for 2018 Bond Street Reconstruction Contract 2 CPN 101120 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$300,000.00 unless amended. CITY and ENGINEER will agree upon compensation for each Task Order prior to starting work. Each Task Order shall be time and materials. L Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. LABOR CATEGORY RATE ($/HOUR)(2018) 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 r 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 such 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 S 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 $250,000.00 80.00 Engineering, Inc. Proposed MBE/SBE Sub-Consultants Criado &Associates Survey & Right-of-Way $25,000.00 10.00 Gorrondona & Geotechnical Engineering $25,000.00 10.00 Associates Non-MBE/SBE Consultants TOTAL $300,000.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE Local Roads $300,000.00 $50,000.00 16.67% City MBE/SBE Goal =16.00% Consultant Committed Goal = 16.67 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 Professional Services Payment Request Project Manager. Mary Hanna Summary Project: 2018 Bond St Recon Contract 2 City Project#: 101120 City See Number: Consultant instructions: Fill in green cells including Involce Number,From and To Dates and the Included worksheets. Company Name: Mukatech Engineering,Inc. When your Invoice Is complete,save and close,start euzzsaw and Add your invoice to the Consultant folder within Project's folder- Consultant's PM: Paul Padilla email: ppadillaCmultatecn— Vendor Invoice#: Office Address:2821 West Tth Street,Suite 400 Fort Worth,TX 76107 Payment Request M. Telephone: 817-289-2060 From Date: Fax: fax To Date: Invoice Date: Remit Address:2821 West 7th Street.Suite 400 Fort Worth,Tx 76107 Agreement Agreement Amendment Amount to Amount Percent ($)Invoiced Current Remaining Sheet FAC and Work Type Description Amount Amount Date Spent Spent Previously Invoice Balance Work Type 1 1 1 $300,000,001 $300,0001M1 $30.000.00 ont Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type$ Totals This Payment Request $300F0000 $300.000.00 $300000.00 Overall Percentage Spent: Multatech Engineering,Inc. 817-288-2060 W Invoice 2821 West 7th Street,Suite 400 2821 West 7th Street,Suite 400 Fort Fort Worth,TX 76107 Worth,TX 78107 Consultant Project No. CFW Project Manager Mary Hanna Proj.Invoice No. Invoice data: Consultant's Project Manager. Pad P■dib Consultant's email: ppadW&QmWstach.mm Period From Date To Date Name of Project: City secretary Contract 0: 201 B Bond St Recon Contract 2 P.O.Number: Labor Category Name Hours Rate($Ihrl Amount Project Manager $o.DD Senior Engineer(exam h,) $0.00 En ineer exam le) $0.00 Junior Engineer(example) $0.00 CAO Technician e m le $0.00 Adminstrative Support(example) W.DD em $o.00 $0.00 $a00 $0.00 $0.00 $0.00 so.0a $0.00 Total Labor 0.0 $0.00 Subcontract Service r Subcontract Service-<i exemple> Subcontract Service-12 example> etc Subcontractor Subtotal $0.00 10 Percent Markup on Subcontract Services $0.00 Nonlabor Expenses Nonlabor Expense Subtotal $0.00 Total Expenses(Subcontract Services+Markup+Nonlabor Expenses) $0.00 TOTAL DUE THIS INVOICE $0.00 Professional Services Payment Request Project Manager: Mary Hanna Project: 2018 Bond St Recon Contract 2 City Project#: 101120 Work Type Desc: Consultant Instructions: FIA/C: City Sec Number: Fill in green taus including Percent Complete and Inwiced Previously Guanities Purchase Order: When yaur lnwice is complete,save and close,shut Buzzsaw and Add your inwice to the Consultant folder within Project's folder. Company Name: Muhmech Fngheering,Inc. Consultant's PM: Paul Paddle email: PPadila@muhatmh.com Vendor Invoice#: Paul Padilla Office Address:2821 West 7th Street,Suite 400 Fort Worth,TX 76107 Payment Request#: Telephone: 617-289-2060 From Date: Fax: rax To Date: Invoice Date: Remit Address:2821 Wssi 7th Street,Suite 400 Fort Wonh,TX 76107 Pay Items Agreement Agreement Amendment Amendment Amount to Amount Percent ($j Invoiced Current Remaining Description Amount Number Amount Date Sent Spent Previously invoice Balance 51-Preliminary serve $25000.00 625,00080 $25 C00 OC 32-Geotech Report 525000.00 525,0oo.Q0 $25.000.OF 30-Desi n $250,000.00 $250,000.00 $250 I'm Ac Totals This Unit: $300.00000 $300.00000 $300.000.00 Overall Percentage Spent: Level of Effort Spreadsheet TASK/HOUR BREAKDOWN 2018 Bond Street Reconstruction Contract 2 City Project No.101120 Labor hours Ex ense Task No. Task Description Project Project Project CA DD CADD Administrative Total Labor Subconsultant Total Expense Task Sub Total Director Mana er Engineer ineer Desi ner Cost Travel Reproduction Cost Rate 226 140 $130 120 $80 $76 MWBE Non-MWBE 1.0 Project Mana ement 0 0 0 0 0 0 $25,000 s0 0 $0 0 0 $25,000 1.1 Managing the ernTeam 1.1.1 Intal Team Meetings $0 $0 $0 1.1.2 QA/QC $0 $0 $0 1.2 Communications and Reporting 1.2.1 Pre-Design Coordination Meeting $0 $0 $0 [monthly,bi-monthly,monthlyJ Project 1.2.2 Update Meetings $0 $0 $0 _ 1 20 Design Submittal Review Meetings _ $0 $0 $0 t24 Prepare Baseline Schedule $0 $0 $0 Prepare Monthly Progress Reports win 1.2.5 Schedule $0 $0 $0 1.2.6 Prepare Monthly MBE/SBE Re ods $0 $D $0 1.2.7 Invoicing $0 $0 $0 2.0Conce tual Design(30-Percent) 0 -.,. 0 D 0 0 0 $50,000 $0 $0 $0 $0 $D $50,000 2.1 Data Collection $0 $0 $0 Drainage Computations and Drainage Area 2.2 Map $0 $0 $0 2.3 Subsurface Utility En ineerin $0 $0 $0 2.4 Design Drawin s $0 $0 $0 2.5 Project Decision L $0 $0 $0 2.6 Construction Estimate $0 $0 $0 City of Fort Worth,Texas Attachment B-Level of Effort Supplement PMO Official Release Date:8.09.2012 1 of 4 Level of Effort Spreadsheet TASKIHOUR BREAKDOWN 2018 Bond Street Reconstruction Contract 2 City Project No.101120 Labor hours Expense Task No. Task Description Project Project Project CADD CADD Administrative Total Labor Subconsuhant Total Expense Task Sub Total Director Mana er En ineer Desi ner Cost Travel Reprotluctlon Cost ate $225 $140 $930 $120 $81) $r6 MWBE Non-MWBE 3.0 Preliminary Design 60 Percent 0 0 0 0 D 0 $60,000 $25,000 $0 $0 $D $25,000 $85,000 3.1 Preliminary Design Drawings $0 $0 $0 G eofechn cal Investigation/Pavement 3.2 Design $0 $25,000 $25,000 $25,000 3.3 Constructability Review $0 $0 $0 3.4 Public Meeting 1 $0 $0 $0 3.s Utility Clearance $0 $0 $0 3.6 Traffic Control Plan $0 $D $0 3.7 Project Decision Log $0 $0 $0 3.8 Construction Estimate $0 $D $0 4.0 Final Design 0 0 0 D 0 0 $60,000 $0 $0 $0 $0 $0 $60,000 Final Draft(90%)Construction Plans and 4.1 Specifcations $0 $0 $0 4.2 Final(100%)Plans and Specifications $0 $0 $0 4.3 Project Decision Logs(90%and 100%) $0 $0 $0 4.4 Construction Estimates(90!and 100%) $0 $0 $0 5.o Bid Phase 0 0 0 0 0 0 $30,000 $0 $0 $0 $0 $0 $30,000 5.1 Bid Support Sell Contract Documents and Maintain 5.1.1 Plan Holders List $0 $0 $0 5.1.2 Issue Addenda $0 $D $0 5.1.3 Attend Pre-bid Conference $0 $0 $0 5.1.4 Attend Bid Opening $0 $0 $0 5.1.5 Tabulate Bids and Recommend Award $0 $0 $0 Issue Conformed Contract Documents $0 1 $0 $0 City of Fort Worth,Texas Attachment B-Level of Effort Supplement PMO Oficial Release Date:8.09.2012 2 of r Level of Effort Spreadsheet TASKIHOUR BREAKDOWN 2018 Bond Street Reconstruction Contract 2 City Project No.101120 Labor hours Ex ense Task No. Task Description Project Projectr Project I CADD CADD Administrative Total Labor Subconsuhant _ _ Total Expense raw Sur.Total mama ner cost t ravel Reproduction Cost -"--�T--' uuecior en ineer uesi a e $225 $140 $130 $120 $80 $75 MWBE Non-MWBE 6.0 Construction Phase Services 0 0 0 0 0 0 $10,000 $0 $0 $0 $0 $0 $10,000 6.1 Construction Suppod 6.1.1 Attend Preconslrucfimd Conference $0 $0 $0 601 02 Attend Public Meeting $0 $0 $0 6.1.3 Project Site Visits $0 $0 $0 6.1.4 Submittal Review $0 $0 $0 Request for Information/Change Order 6.1.5 Review $0 $0 $0 6.1.6 Final Walk Through and Punch List $0 $0 $0 6.2 Record Dravdn s $0 $0 $0 City of Fort Worth,Texas Attachment B-Level of Effort Supplement PMO Official Release Date:8.09.2012 3 of Level of Effort Spreadsheet TASKIHOUR BREAKDOWN 2018 Bond Street Reconstruction Contract 2 City Project No.101120 Labor hours Expense Task No. Task Description Project Project Project CADD CADD Administrative Total Labor Subconsultant Total Expense Task Sub Total Director Mana er Engineer Desi ner Cost Travel Reproduction Cost ate 225 $140 $130 $120 $80 $75 MWBE Non-MWBE 7.0 ROWIEasement Services 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 7.1 Right-of-Way Research $0 $0 $0 Right-of-Way/Easement Preparation and 7.2 Submittal $0 $0 $0 7.3 Temporary Right of Entry Submittal $0 $0 $0 8.0 Su—Y 0 0 0 0 0 0 $0 $25,OD0 $0 $0 $0 $25,0002$25,"(r0"11"1 8.1 Design Survey $0 $25,000 $25,0008.2 Temporary Ri ht of Entry Submittal $0 $08.3 Construction Surve $0 $09.0 Permittin 0 0 0 0 0 0 $12,500 $0 $0 $0 $D $09.1 SWPPP $0 $D9.2 Environmental Services $0 $09.3 Floodplain Services $0 $09.4 TxDOT $0 $0 $ 9.5 Railroad $0 $0 $0 9.6 TD $0 $0 $0 9.7 JCty of Forto ars Conversion $0 $0 $0 Totalsl 01 01 01 01 ul 0 247,500 $50,0001 $0 0 0 50,000 297,500 Project Summary Total Hours 0 Total Labor $247,500 Total Expense $50,000 MBE/SBE Subconsultant $50,00 Non-MBE/SBE Subconsultant $0 5% Sub Markup $2,500 MBE/SBE Participation 16.7% Total Project Cost 300,000 City of Fort Worth,Texas Attachment B-Level of Effort Supplement PMO Official Release Date:8.09.2012 4 of ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREETMENT 2018 Bond Street Reconstruction Contract 2 City Project No. 101120 No Changes or Amendments City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page l of 1 ATTACHMENT "D" PROJECT SCHEDULE 2018 Bond Street Reconstruction Contract 2 City Project No. 101120 Project Schedule to be determined upon execution of Task Order City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 MAYOR AND COUNCIL COMMUNICATION MAP 2018 BOND ST RECON- CONTRACT 2 MY" •�.�-1f1� 7- !` _ S��` "` �.•- •- '.s� .'sm nFis - THHd— L `'q'� ` Il#�x �#.�j '.:.+ - t ." t, } G`ll ml ' r ,�+ ► MO,DLIN ODLIN+� s ,rf4..;w-, , -eP:+iWODLINI' ,MQDLIN.,�" i� ',- 'i. w t fepr } i ' 3 1.. �{ L Z.'''> t•._` >U - -c .CROCKTT,..•,e=` i aZ m } tllZ1?*il' TISON :� ; f,� 4 .sJ _.: u' :n� til F.1z(( qqq ❑ _" _ _ ...»,.- MATTISON # r- Y `+ .J, g *••` z t 'i� p t.fi .. ! MO RTO o BUNTING a9- BUNTI .- g •; -> - WIC �11 OIL `{ Ej_ ._ CLARKE� .. ^ 3 K C, '9=� j s `�,--•i' i N �c, '# •. LACASTER) _ ° 0 � Z.• � •rt �GP�`� � �,� I��Q. ROGERSc..z � ;'N �� rrt w O r J of > m: #} �r • =o c7 ;' c7' s ��` ti i P TURNETT_ BURNETT •_��:rW- CRESyT�NE ;CRES�FLINE I .:+ 1 ;+. ANDYi TANDY - `�; CRES7T4LINE _ 6 •`` —�^ .•„ate".I� E � 3 � r+_ .. �, . WA+SaHBURN�ij�r Lu a; y , t ¢' -,^.e HAR"iLEYa.s,x HARLEY } n i yy LAFA, ETTrn ' Vr PGS#' 4+`'"'�q j . UE.T�ER, ZO •� �DEX�Tj,ER+=i - - _- in DEXTER 'f.�$ - .. f .t - -.I _ _,'2-S �` �.. t BRY2 CE. ' RYCEt`: BRYCE - BRYCE :N jBRYCE ;!� ,'"'�' •b se.' t-'' ^• �ds(� � � a O x rn BYERS BY:ERS;,_. x, m u� r; N .I LINDEN 'i -y1 {{ ,. "� a N d•L*INDEN , rLIN t Igi EL CAMPO y,_ .s J EL CAMEO) L C-AMPO. `W gERSHING ,,PERSHING ('j;;BIRCHMAN.,.• � ' CALMONT i g - 'LOCKE ' LOGE •^y�,�_ f.�+ 'OI`� ..� �+• R ,pca l0_C EK La i` �> ^VQv�ELL—w •- �L■OVELL'. Y,r-'LOVE.LL o o 800 1,600 CITY PROJECT # 101120 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: Mary Hanna Project Manager From: Melani Valle (817) 212-2675 M/WBE Office Staff Extension Date: September 05, 2017 In the Amount of $300,000.00 101120 DOE/Project No. Project/Bid: Engineering and Design Services of Street and Transportation Improvements at Various Locations in preperation for the 2018 Debt Program 1. Compliance with the City's Business Diversity Enterprise (BDE) Ordinance has been achieved by the following method: a) Multatech Engineering, Inc. is in compliance with the City's BDE Ordinance by committing to 17% SBE participation. The City's SBE goal on this project is 17%. Additionally, Multatech Engineering, Inc. is a certified M/WBE firm. DOE PROJECT_X BID NUMBER FORT WORTH CPN 101120k one) Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTOR/SUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, SBE firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting participation. A Small Business Enterprise(SBE) is defined as a business concern located in the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business Enterprise (DBE) also meet small business enterprise requirements.] 1. Name of Project 2018B o n clSt reet Rec o n srtr ct io n Co rt ract 2 2. Name of Offeror/Prime contractor MULTATECH Engineering, Inc. 3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project(where applicable specify"supply"or"install'or both): Geotechnical Services at the price of$ 25,000. Gorrondona&Associates. August 23,2017 (Name of SBE Firm) (Date) W. Truett Wilson RPLS QIL LQLor of Survey Circle one(Own erlAuthorize(Agent of SBE firm) pe or Print Name (Signature of Owner or Authorized Agent of SBE firm) TWILS0KDGA-INC.NET 0: 817-496-1424 F: 817-496-1768 (Email Address to appear on Listings provided by the MWBE Office) (Office and Fax Numbers) AFFIDAVIT OF Offeror]Prime CONTRACTOR I HEREBY DECLARE AND AFFIRM that I, Paul J.Padilla P.E. am the d my authorized representative of Circle one(9wee4Authorized Agent) MULTATECH Eng-ineerindric. and that I have personally reviewed the material and Name of Prime Contractor facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, any person [entity] who makes a false or fraudulent statement in connection with participation of a SBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth Business Diversity Enterprise Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Prime Contractor are true and correct, and that I am authorized on behalf of the Prime Contractor to make the affidavit. Paul J. Padilla P.E. MULTATECH Engineering, Inc. Circle One(Ovmerl Authorized Agent)Type or Print Name (Name of Prime Contractor-Print or Type) 8-23-2017 (SignatuAuthorized Agent) (Date) 817-289-2060 817-877-4245 (Office Number) (Fax Number) 61112012 DOE PROJECT_X BID NUMBER (Please check one) FORT WOE T H CPN 101120 MinorityMomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTOR/SUBCONSULTANT (NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, SBE firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting participation. A Small Business Enterprise(SBE)is defined as a business concern located in the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business Enterprise (DBE) also meet small business enterprise requirements.] 1. Name of Project 2018 Bond Street Reconstruction Contract 2 2. Name of Offeror/Prime contractor MULTATECH Engineering, Inc. 3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project(where applicable specify"supply"or"install"or both): Field Survey at the price of$ 25,000. Criado&Associates. 43 -Z3 - 20 (Name of SBE Firm) (Date) C��`� Circle o Owne uthorized Agent of SBE firm)Type or Print Name (Signature of Owner or Authorized Agent of SBE firm) �cri'a�o ��rr assoc.{c��,- c,�•,-� 97Z 3(A2 917Z (Email Address to appear on Listings provided by the MWBE Office) (Office and Fax Numbers) AFFIDAVIT OF Offeror/Prime CONTRACTOR I HEREBY DECLARE AND AFFIRM that I, Paul J.Padilla,P.E. am the duly authorized representative of Circle one(8wr"Authorized Agent) MULTATECH Engineering,Inc. and that I have personally reviewed the material and Name of Prime Contractor facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance, any person[entity]who makes a false or fraudulent statement in connection with participation of a SBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth Business Diversity Enterprise Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Prime Contractor are true and correct,and that I am authorized on behalf of the Prime Contractor to make the affidavit. Paul J. Padilla, P.E. MULTATECH Engineering, Inc. Circle One(Ower Authorized Agent)Type or Print Name (Name of Prime Contractor-Print or Type) Z?42( 'r 8-23-2017 (Signattu(a WOwner or Authorized Agent) (Date) 817-289-2060 817-877-4245 (Office Number) (Fax Number) 6/1/2012 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Sofi Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-253196 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 08/23/2017 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 services,goods,or other property to be provided under the contract. 101120 2018 Bond Street Reconstruction Contract 2 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Padilla,Paul Fort Worth,TX United States X Hong,Chen Fort Worth,TX United States X Saenz,Alfred Fort Worth,TX United States X 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 conecL ff�ml exoses nature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE (� Sworn to and subscribed before me,by the said 1 D al." �� a��a` ,this the A3 day of 20_1/1_.to certify which,witness my hand and seal of office. Lj (u: Woo l( Nig�f If-veai+l, I�ss.'c Signature of officer administering oath Printed name of officer administering oath Tule of dfficer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/26/2017 DATE: Tuesday, September 26,2017 REFERENCE NO.: **C-28397 LOG NAME: 20JUMPSTART CONTRACTS SUBJECT: Authorize Execution of Engineering Services Agreements with Baird,Hampton, &Brown,Inc.,and MULTATECH Engineering,Inc.,Both in the Amount Up to $300,000.00 and with DAL-TECH Engineering,Inc.,in the Amount Up to $260,000.00 for Design Services,Construction and Project Management Support to Advance High Priority Projects Needed to Improve Safety and Capacity as Identified by Staff for the Anticipated 2018 Bond Election (COUNCIL DISTRICTS 2,4,7 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Engineering Services Agreement with Baird,Hampton,&Brown,Inc.,in an amount not to exceed$300,000.00,for design of transportation improvements along Great Southwest Parkway from Mark IV Parkway to North Freeway Service Road Southbound,Alta View Street from Kimbo Road to Premier Street,Kimbo Road from Mesquite Road to NE Cul,-De-Sac and McComas Road from Kimbo Road to N.Beach Street(CPN 101119); 2. Authorize the execution of an Engineering Services Agreement with MULTATECH Engineering,Inc.,in an amount not to exceed$300,000.00,for design of transportation improvements along Clover Lane from Camp Bowie Boulevard to Birchman Avenue, and West Will Rogers Road from Camp Bowie Boulevard to W.Lancaster Avenue(CPN 101120); and 3. Authorize the execution of an Engineering Services Agreement with DAL-TECH Engineering,Inc.,in an amount not to exceed$260,000.00 for resign of transportation improvements along Creekfall Drive from Basswood Boulevard to Misty Ridge Drive,Mesa Verde Trail from Isle Royale Drive to Basswood,Tulip Tree Drive from Fox Chase Drive to Buttonwood Drive and Rosita Street from Glen Eden Drive to Jean.Hills Lane(CPN 101121). DISCUSSION: The 2018 Jump Start Program is enabling design efforts prior to the 2018 Bond,Program election to advance early starts for construction upon a 'awQralile outcome for the 2018 Bond Program election. i In preparation for the 2018 Bond Program,M&C G-19009 (May 17,2017) authorized$10,000,000 for the 2018 Jump Start Program to advance early design efforts for infrastructure improvements considered high priority basal upon current conditions including addressing capacity and safety improve"Wts. Of that$10,000,000.00 approximately$9,000,000.00 was assigned to eleven engineering contracts (M&C C-28288)for the design and analysis of arterial and traffic improvement infrastructure requirements. The remaining$1,000,000.00 is being directed to improving the subject neighborhood streets presented in this M&C. Additional streets may be added if there is contract capacity. This effort will enable staff to begin the design and delivery of the following projects: Jump Start Engineering Contract City Total Projects Scope Firm NTE Project Appropriation Management Partial Baird, $300,000.00 $50,000.00 $350,000.00 • Great Design Hampton, Southwest &Brown Inc. Pkwy Project (from Management (New Award) Mark IV Pkwy to North Frwy Service Road Southboun • Alta View St (from Kimbo Rd to Premier St) • Kimbo Rd (from Mesquite Rd to NE Cul-De-Sac • Mc Comas Rd(from Kimbo Rd to N. Beach St) (CPN IOIII9) (Council Districts 2 and 4 • Clover Ln(from Camp Bowie Blvd to Birchman Ave) • West Will Partial MULTATECH Rogers Design Engineering, Rd(from Project Inc. $300,000.00 $50,000.00 $350,000.00 Camp Management (New Award) Bowie Blvd to W Lancaster Ave) (CPN]01120) (Council District 7 Partial DAL-TECH $260,000.00 $40,000.00 $300,000.00 • Creekfall Design Engineering, Dr(from Project Inc. Basswood Management Blvd to (New Award) Misty Ridge Dr) • Mesa Verde Tri (from Isle Royale Dr to Basswood) • Tulip Tree Dr (from Fox Chase Dr to Buttonwoo Dr) • Rosita St(from Glen Eden Dr to Jean Hills Ln) CPN 101121) (Council istracts 4 land 8 The engineering funis recommended for contract awards were selected based on Transportation and Public Works'Request for Qualifications advertised in the Fort Worth Star-Telegram on January 5.2017 and January 12, 2017. The Statements of Qualifications representative of the work required for the projects were received and reviewed by Transportation and Public Works staff in January 2017. M1WBE OFFICE– •Baird,Hampton&Brown,Inc.,is in compliance with the City's BDE Ordinance by committing to 19 percent SBE participation. The City's SBE goal on this project is 17 percent. •Multatech Engineering,Inc.,is in compliance with the City's BDE Ordinance by committing to 17 percent SBE participation. The City's SBE goal on this project is 17 percent. Additionally,Multatech Engineering, Inc.,is a certified M/WBE firm, •Dal-Tech Engineering,Inc.;is in compliance with the City's BDE Ordinance by committing to 16 percent SBE participation. The City's SBE goal on this project is 15 percent. The projects are located in COUNCIL DISTRICTS 2,4,7 and 8. FISCAL INFORMATION/CERTIFICATION: Tli c Director of Finance certifies that funds are available in the 2017 Tax N o i%s Fund and that prior to an expenditure being made;the department has IIIti: TL-NI107:—,11)111!y to validate the availability of funds. FUND IDENTIFIERS (FIDs): ig Department Project Program Activity Budget Reference# Amount Fund ID Account ID Year (Chartfield 2) FROM Fund Department Account Project program Activity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for Cil, Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1. Compliance Memo 3 companies.pdf (CFW Internal) 2. Contract 1 map.pdf (Publicl 3. Contract 2 map.pdf (Public) 4. Contract 3-1 map.pdf (Public) 5. Contract 3-2 map.pdf (Public) 6. Form 1295 all companies.pdf (pubtic) 7. Jumpstart Contracts MC FID.pdf (CFw intemat) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/26/2017 DATE: Tuesday, September 26,2017 REFERENCE NO.: **C-28397 LOG NAME: 20JUMPSTART CONTRACTS SUBJECT: Authorize Execution of Engineering Services Agreements with Baird,Hampton, &Brown,Inc.,and MULTATECH Engineering,Inc.,Both in the Amount Up to $300,000.00 and with DAL-TECH Engineering,Inc.,in the Amount Up to $260,000.00 for Design Services,Construction and Project Management Support to Advance High Priority Projects Needed to Improve Safety and Capacity as Identified by Staff for the Anticipated 2018 Bond Election (COUNCIL DISTRICTS 2,4,7 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Engineering Services Agreement with Baird;Hampton,&Brown,Inc.,in an amount not to exceed$300,000.00,for design of transportation improvements along Great Southwest Parkway from Mark IV Parkway to North Freeway Service Road Southbound;Alta View Street from Kimbo Road to Premier Street,Kimbo Road from Mesquite Road to NE Cul-De-Sac and McComas Road from Kimbo Road to N.Beach Street(CPN 101119); 2. Authorize the execution of an Engineering Services Agreement with MULTATECH Engineering,Inc.,in an amount not to exceed$300,000.00, for design of transportation improvements along Clover Lane from Camp Bowie Boulevard to Birchman Avenue,and West Will Rogers Road from Camp Bowie Boulevard to W.Lancaster Avenue(CPN 101120);and 3. Authorize the execution of an Engineering Services Agreement with DAL-TECH Engineering,Inc:, in an amount not to exceed$260,000.00 for design of transportation improvements along Creekfall Drive from Basswood Boulevard to Misty Ridge Drive,Mesa Verde Trail from Isle Royale Drive to Basswood,Tulip Tree Drive from Fox Chase Drive to Buttonwood Drive and Rosita Street from Glen Eden Drive to Jean Hills Lane(CPN 101121). DISCUSSION: e 2018 Jump Start Program is enabling design efforts prior to the 2018 Bond Program election to advance early starts for construction upon a Pavazable outcome for the 2018 Bond Program election. la preparation for the 2018 Bond Program,M&C G-19009(May 17,2017) uthofiized$10,000,000 for the 2018 Jump Start Program to advance early design efforts for infrastructure improvements considered high priority based upon current conditions including addressing capacity and safety unpruveme ts. Of that$10,000,000.00 approximately$9,000,000.00 was assigned to eleven engineering contracts(M&C C-28288)for the design and analysis of arterial and traffic improvement infrastructure requirements. The remaining$1,000,000.00 is being directed to improving the subject neighborhood streets presented in this M&C. Additional streets may be added if there is contract capacity. This effort will enable staff to begin the design and delivery of the following projects: Jump Start Engineering Contract City Total Projects Scope Firm NTE Project Appropriation Management Partial Baird, $300,000.00 $50,000.00 $350,000.00 • Great Design Hampton, Southwest &Brown Inc. Pkwy Project (from Management (New Award) Mark IV Pkwy to North Frwy Service Road Southboun • Alta View St (from Kimbo Rd to Premier St) • Kimbo Rd (from Mesquite Rd to NE Cul-De-Sac • Mc Comas Rd(from Kimbo Rd to N. Beach St) (CYN 101119) (Council Districts 2 and 4 • Clover Ln(from Camp Bowie Blvd to Birchman Ave) • West MULTATECH Will Partial Rogers Desiggn Engineering, Rd(from Proj t Inc. 300,000.00 $50,000.00 $350,000.00 Camp Management (New Award) Bowie Blvd to W Lancaster Ave) (CPN 101120) (Council District 7 Partial DAL-TECH $260,000.00 $40,000.00 $300,000.00 • Creekfall Design Engineering, Dr(from Project Inc. Basswood Management Blvd to (New Award) Misty Ridge Dr) • Mesa Verde Trl (from Isle Royale Dr to Basswood) • Tulip Tree Dr (from Fox Chase Dr to Buttonwoo Dr) • Rosita St(from Glen Eden Dr to Jean Hills Ln) (CPN 101121) Council istricts 4 nd 8 The engineering firms recommended for contract awards were selected based on Transportation and Public Works'Request for Qualifications advertised in the Fort Worth Star-Telegram on January 5,2017 and January 12, 2017. The Statements of Qualifications representative of the work required for the projects were received and reviewed by Transportation and Public Works staff in January 2017. M/WBE OFFICE&ndasb; •Baird,Hampton&Brown,Inc.,is in compliance with the City's BDE Ordinance by committing to 19 percent SBE participation. The City's SBE goal on this project is 17 percent. •Multatech Engineering,Inc.,is in compliance with the City's BDE Ordinance by committing to 17 percent SBE participation. The City's SBE goal on this project is 17 percent. Additionally,Multatech Engineering, Inc.,is a certified M/WBE firm. •Dal-Tech Engineering,Inc.,is in compliance with the City's BDE Ordinance by committing to 16 percent SBE participation. The City's SBE goal.on this project is 15 percent. The projects are located in COUNCIL DISTRICTS 2,4,7 and 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the 2017 Tax cites Fund and that prior to an expenditure being made;the department has I I IC rt ;17,M, i[Iility t0 valida€c the availability of funds. FUND IDENTIFIERS(FIDs): ig Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1. Compliance Memo 3 companies.pdf (CFW Intemal) 2. Contract 1 man.pdf (Public) 3. Contract 2 map.pdf (Public) 4. Contract 3-1 mappdf (Public) 5. Contract 3-2 man.ndf (Public) 6. Form 1295 all companies,pdf (public) 7. Jumpstart Contracts MC FID.pdf (CFW Internal)