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PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT
This PROFESSIONAL CNIL ENGINEERING SERVICES AGREEMENT ("Agreement") is
by and between the City of Fort Worth, hereafter referred to as "CITY" and Multatech
Engineering, Inc., hereafter referred to as "ENGINEER" and is effective as indicated, below.
In consideration of the covenants hereinafter set forth, the pai•ties hereto mutually agree as
follows:
ARTICLE I
SCOPE OF SERVICE
A. Project
The ENGINEER is hereby engaged by the City to study and prepare an engineering
design report for the extension of Double Eagle Boulevard from Fire Ridge Drive west
2,000 linear feet across BNSF right-of-way to FM156. Identify property owners from
Denton County Tax records, design issues related to roadway grades, prepare opinion of
construction cost and identify TxDOT and rail permits. Prepare engineering design scope
of services.
B. Description of Services
The ENGINEER shall perform certain professional ENGINEERING and management services
as outlined in E�hibit `A'.
ARTICLE II
COMPENSATION
A. Fees
The ENGINEER is responsible to provide services for a lump sum fee not to exceed $34,930.00.
The CITY agrees to compensate the ENGINEER from current funds according to Eahibit "B"
attached hei•eto and incorporated herein by this reference
B. Payment for Services
The ENGINEER shall provide inonthly invoices, includittg the ENGINEER authorized, a
summary of the sei•vices performed. Payment is due within 30 days after receipt of invoice for
each service rendered
C. Disputed Billing
In the event of a disputed or contested billing, only that portion so contested will be withheld fi�om
payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in
contesting any bill or poi�tion thereof. No interest will accrue on any contested poi�tion of the billing
until mutually resolved.
If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within
60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY,
suspend services under this AGREEMENT until paid in full, including interest. In t�y�i�
Multatech Engineering, Inc. — Engineering Agreement (Double Eagle Blvd. Extension)
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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 III
Obligations of the ENGINEER
A. General
The ENGINEER will serve as the CITY'S professional 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 Te�as by Professional Engineering performing the
same or similar services at the time such selvices are performed.
C. Engineer's Authority
The presence or duties of the ENGINEER'S personnel, 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. The ENGINEER and its personnel have no authority to exercise any control
over CITY employees in connection with their work.
D. Opinions of Probable Cost
1) The ENGINEER shall provide opinions of probable costs based on the current available
information at the time of preparation, in accordance with the ENGINEER.
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 pai�ties; 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.
E. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of inforination compiled and
furnished by others, and may not always represent the exact location, type of various components,
or exact manner in which the project was finally constructed. The ENGINEER is not responsible
for any errors or omissions in the information from others that are incorporated into the record
drawings.
F. Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as
Multatech Engineering, Inc. — Engineering Agreement (Double Eagle Blvd. Extension)
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amended, the City has goals for the participation of minority business enterprises and/or small
business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals
established for this Agreement 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 Consultant 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) yeat•s.
G. Right to Audit
1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final
payment under this cont�•act, have access to and the right to examine and photocopy any
directly pei�tinent books, doculnents, papeis and records of the ENGINEER involving
transactions relating to this contract. ENGINEER agrees that the CITY shall ha�e access
during normal worldng 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 agrees 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 ofthe time copying is performed.
H. ENGINEER'S Insurance
1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the project:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Autd', defined as
autos owned, hired and non-owned when said vehicle is used in the course of a
project.
Worker's Compensation
Coverage A:
Coverage B:
Stah�tory limits
Employer's Liability
Multatech Engineering, Ina — Engineering Agreement (Double Eagle Blvd. Extension)
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$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall contain a
retroactive date prior to the date of the contract or the first date of services to be
performed, whichever is earlier. Coverage shall be maintained for a period of 5
years following the completion of the contract. An annual certificate of insurance
specifically referencing this project shall be submitted to the City for each year
following completion of the contract.
2) Cei�tificates of insurance evidencing that the ENGINEER has obtained all required
insurance shall be delivered to the CITY prior to ENGINEER proceeding with a
project.
a. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall inchide
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
b. certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
c. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
d. A miniinum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER'S insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Woi�th, 1000
Throckmorton, Fort Worth, Texas 76102.
e. Insurers for all policies inust be authorized to do business in the State of
Teaas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
f. Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu
of traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
g. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
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h. The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER'S insurance policies including endorsements
thereto and, at the CITY'S discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
i. The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions in
writing.
j. For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
lc. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance r•equired
in this section, with the exception of Professional Liability, shall be
written on an occurrence basis.
I. Independent Engineer
The ENGINEER agrees to perform all services as an independent consultant and not a
subcontractor, agent, or employee of the CITY. Nothing herein shall be construed as
creating a par�tnership or joint venture between the City and the ENGINEER, its o�cers,
agents, employees and consultants, and doctrine of respondent superior has no application as
between the City and the ENGINEER.
J. 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 proper�ty cities. The ENGINEER further acknowledges that it
will malce disclosure in writing of any conflicts of interest that develop subsequent to he
signing of this contract and prior to final payment under the contract.
Article IV
Obligations of the City
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 malce its facilities accessible to the ENGINEER as required for the
ENGINEER'S performance of its services.
C. Timely Review
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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
engineers as the CITY deems appropriate; and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule included in
the ENGINEER.
D. 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 seivices or of any defect in the wot�lc of the ENGINEER.
E. Litigation Assistance
The Scope of Ser•vices 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.
F. Changes
The CTTY may make or approve changes within the general Scope of Seivices 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
A. Authorizatiou to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CTTY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other worlc products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for a project, whether a 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
instt•uments of service without the written permission of the ENGINEER will be at
the CITY'S sole rislc. 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 conh•ol of the
ENGINEER.
Multatech Engineering, Inc. — Engineering Agreement (Double Eagle Blvd. Extension)
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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 tlu�ough no
fault of the other and does not commence correction of such nonperforinance with 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 shidies, plans, specifications oT•
other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements fol• the ENGINEER to document the work underway
at the time the CITY'S termination for convenience so that the work effort is
suitable for long time storage.
3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval will
be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the seivices of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the ENGINEER'S compensation will be made.
F. Indemnification
(1) Work performed by Consultant shall comply in all aspects with all
applicable local, state and federal laws and with all applicable rules and
regulations promulgated by the local, state and national boards, bureaus
and agencies. Approval by the City shall not constitute or be deemed to
be a release of the responsibility and liability of Consultant or its officers,
agents, employees, contractors and subcontractors for the accuracy and
competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904,
the Consultant 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
Multatech Engineering, Inc. — Engineering Agreement (Double Eagle Blvd. Extension)
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Consultant or Consultant's agent, consultant under contract, or
another entity over which the Consultant's exercises control.
G. Assignment
Neither party shall assign all or any pai�t 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 theoi•ies of recovery, including breach
of contract or warranty, toi�t including negligence, strict or statutory liability, or any other
cause of action, except for willfiil inisconduct or gross negligence for liinitations of liability
and sole negligence for indemnification. Parties mean the CTTY and the ENGINEER, and
their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity
interpretation and performance, and any other claims relate
litigation related to this AGREEMENT shall be Tan�ant County;
of this AGREEMENT, its
d to it. The venue for any
Texas.
J. Alternate Dispute Resolution
All claims, disputes, and other matters in question between the CITY and ENGINEER
arising out of, or in connection with this Agreement or the PROJECT, or any breach of any
obligation or duty of CITY or ENGINEER hereunder, may be submitted to mediation. If
mediation is unsuccessful, the claim, dispute or other matter in question may be submitted to
a court of competent jurisdiction.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted during the term of this
AGREEMENT 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 ail claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
Multatech Engineering, Inc. — Engineering Agreement (Double Eagle Bivd. Extension)
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EXECUTED and EFFECTIVE as of the date last written by a signatory, below.
APPROVED:
City of Fort Worth
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Assistant City Manager
DATE: �p
OVAL RECOMMENDED:
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ENGINEER
Multatech Eng' ring, Inc.
Paul adilla, P.E.
Vice President
DATE: � �`� � � � �
Douglas l�V. Wiersig
Director, Transportation/Public�Woz�ks Department
APPROVED AS TO FORM AND LEGALITY: M&C
Date:
P'1�C.r�l� lL(r (C���
H�glas . ac ;�� t < <, � /�
Assistant City Attorney
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Maiy J.
City Secretary
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Mnitatech Engineeriilg, Inc. — Engineering Agreement (Double Eagle Blvd. Extension)
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EXHIBIT'A'
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■ AP,CHITECTS•ENGINEERS
2�321 Wesi 7th Street Suit� 40D. Fort lNoRh. Texas 76107-22�9
April 26, 2013
Mr. Andy Anderson, P.E.
City of Fort Worth
1000 Throci<morton Street
Fort Worth, TX 76102
RE: Double Eagle Boulevard-Scope
Mr. Anderson,
Thanl< you for the opportunity to prepare a scope of worl< for the conceptual/feasibility study
for the extension of Double Eagle Boulevard. This project consists of the extension of Double
Eagle Blvd. from Fire Ridge Drive approximately 2,000 (inear feet west across BNSF right-of-way
and connectingto FM 156.
The goal of the study is to determine stake holders (who is in control and how much control do
they have), challenges, red flags and develop a preliminary cost estimate.
MULTATECH will review and prepare a preliminary project report that includes a design scope
of services for a future roadway design project. The preliminary project report will include a
design approach and challenges, estimated opinion of construction cost, project design time
line, exhibits showing project limits and right-of-way ownership.
MULTATECH scope of services will include:
• Site visit
• Meet w/TPW Project Manager, determine scope of services, contract submittal, review
process and final product submittal
• Collect aerial photos, existing topography, as-built information (COFW/ Denton County/
TxDOT/ BNSF)
• Collect and review franchise utility 'As Built' information (Gas, Telephone, Electric , XTO
and Barnett Gathering, LLC)
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■ ARGHITEC'fS•EtJGINEERS
2II21 West 7t€F Sireet. Sute d06. Fort lNortit. Texas 76107-2219
e Prepare preliminary exhibit showing preliminary alignment, right-of-way needs, land
parcels and ownership, franchise and public utilities and contact names for all identified
parties.
� Determine Land ownership based on Denton County Tax records.
o Prepare preliminary report outlining and addressing the following:
1. Opening narrative stating purpose of report
2. Project location and description
3. List of entities contacted for information
4. Existing public utilities w/narrative
5. Existing franchise utilities w/narrative
6. COFW (Traffic Dept.; Planning; Water w/narrative
7. TxDOT, FM 156 w/meeting narrative
8. BNSF w/meeting narrative
9. Denton County w/meeting narrative
10. Existing right-of-way w/narrative
11. Drainage w/narrative
12. Project design approach, challenges and assumptions w/narrative and design
project scope of services
13. Report conclusion
14. Exhibit A: aerial exhibit with existing utilities; right-of-way; property ownership;
utility owner w/contact names; proposed roadway alignment.
15. Exhibit B: right-of-way and temporary construction easements requirements.
16. Exhibit C: Opinion of estimated Construction Cost
17. Exhibit D: Design consultant scope of services and design project level of effort
hours
18. Appendix A: As built information
o Contact and meet w/ BfUSF. Items to discuss would include: rail crossing horizontal
location approval; COFW responsibility vs BNSF responsibility and will BNSF put money
into a crossing that will be abandaned within 3-4 years.
o Contact and meet w/ TxDOT Dallas District. Items to discuss would include; horizontal
Hwy drive location approval; site distance issue; traffic signalization and drainage)
o Contact and meet w/ COFW Water Department. Items to discuss would include; impact
of roadway over ex. 24" conc. WL; can W&SS be installed after roadway or does the WD
want water improvements included in design contract.
o Contact and meet w/ COFW Planning Department. Items to discuss would include;
status of Preliminary plat; is alignment still approved; if the Citv builds the proiect, can
there be some reimbursement from developer and if so, what would be the process.
o Contact and meet w/ COFW Traffic Engineering Department. Items to discuss would
include; site distance at 156, signalization of the new intersection.
e Contact and meet w/ COFW Storm water Department
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■ ARCHITEGTS•ENGWEER5
2t121 West 7tti Street Suite 400_ Fort Worth. Taxas 761U7-2219
• Contact and meet w/ Denton County.
• Contact and meet w/ Barnet Gathering, LLC. Items to discuss would include; will
proposed roadway and ramp up to rail/156 impact pipeline, what is the recourse?, And
how much?
0 60%: Prepare final written report
o Prepare Design Consultant scope
Please review the scope of worl< and let me Icnow if we have captured your concerns. We have
prepared a fee associated with the above scope of worlc that is in the 30{< range. We can
always adjust the scope and fee to meet your needs. Again, thank you for considering
MULTATECH. We are excited to assist the City of Fort Worth with this project.
Sinc
J. Padilla, P.E.
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