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PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT
This PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT ("Agreement"') is
by and between the City of Fort Worth, hereafter referred to as "CITY" and .emu ltatech
Engineering, Inc., hereafter referred to as "ENGINEER"and is effective as indicated, below.
In consideration of the covenants hereinafter set forth, the parties hereto Mutually agree as
follows:
ARTICLE I
SCOPE OF SERVICE
A. Project
The ENGINEER is hereby engaged d the City to study and prepare an engineering
design report for the extension of Double Eagle Boulevard from Fire Budge Drive west
2,000 linear feet across BNSF right-of-way to! FI 1 5 . Identify property, owners from
Denton County Tax records, design issues related to roadway grades, prepare opinion of
construction cost and identify Tx OT and rail permits. Prepare engineering design scope
of services..
11. Descripfion of Services
The ENGWEE:'R, shall perform certain professional ENGWEERING and management services
as outlined in xh ib t W.
ARTICLE 11
COMPENSATION
The N INEEI� is responsi hle t� provide services for a lump surer fee not exceed $34,,9301.0101.
The CITY agrees to compensate the ENGINEER from current funds according to Exhibit "B"
attached hereto and incorporated herein by this reference
B. Payment for Services
The ENGINEER shall provide monthly 'Invoices, including the ENGINEER authorized, a.
summary of the services performed. Payment is due within 30 days after receipt of invoice for
each service rendered
C& 01'sputed Billing
In the event of a disputed or contested billing, only that portion so contested will he withheld from
payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in
contesting any hill or portion thereof. No interest will accrue on any contested portion ofthe h�illing
until mutually resolved.
f the C'lJ'Y fitils to make payment in Bill to I NGfN- ER for billings contested in good faith within
days of the amount due, the E -G-N. ER may, after giving 7 days' written notice to CITY,
suspend services under this A RE'1" 'I N"I" until paid in full, including interest. In the
OFFICIAL PMC R
Multatech Engineering,Inc.—Engineering Agreement(DOUble Eagle Blvd.Extension
t SECRE TARY
Page 1 of
rr, wORTH,
JUN - 3
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 ENGMEff.
A. General
The ENGINEER will serve as the CITY'S professional representative under this Agreement,
providing Professional Engineering consultation and advice and ftm m
iishing customary services
incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER'S services will be the degree of sk.ill and
diligence normally employed in the State of Texas by Professional Engineering performing, the
same or sirni'tar services at the time such services are perron-ned.
C. Engineer's Authority
The presence or duties of the ENGINf4,ER'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. 'I au
"he ENGINEER and its personnel have no thority to exercise any control
over C11"Y employees in connection with their work.
D. Opinlions of Probable Cost
1) The ENGINEER shall provide opinions of probable costs based on the current available
ENGINE
information at the,time of preparation, in accordance wi th the ER.
2) In providing opinions of cost, financial, analyses, economic feasibility protections, 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, prqJections, or estimates.
E. 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 clot responsible
for any errors or omissions in the infOrt-nation from others that are incorporated into the record
drawings.
F. Minority Business and Small Bust" Bess Enterprise(MBE)(SBE)Parti"el"pation
In accordance with the City's Business Diversity Enterprise Ordinance No. 200120-12-2011, as
Multatech Engineering,Inc.--Engineering Agreernent(Double Eagle Blvd.Extension)
Page 2 of 9
amended, the City has goals for the participation of minority business, enterprises and/or small
business enterprises in City contracts. Consultant acknowledges the M.BE and SBE goals
established for this Agreement and its accepted written commitment to NM E and SBE participation.
Any misrepresentation of tarts (other than a negligent misrepresent(ation) 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)years.
G. Right to Audit
1) ENGINEER agrees that the CITY shall, 'until the expiration of three (3) years after final
payment, under this contract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records, of the ENGINEER involving
transactions relating to this contract., ENGM, ER 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 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
1'exasAdministrative Code in effect as of the 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, 00,000 each occurrence
$2,000,000 aggregate
Automobile'LlabIlity
$1,1000,000 each accident on acornbined single limit or
$250,000 Property Damage
$5001000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on An Auto"', defined as
autos owned, hired and non owned when said vehicle is used in the course of a
project.
Worker's Compensation
Coverage A.0. Statutory limits
Coverage. e B: Employer's Liability
Malta tech Engineering, Inc.,—Engineering Agreenient(Double Eagle Blvd. Extension)
Page 3 of 9
$1,00,000 each accident
$5010,01 disease -policy limit
$100,000 disease-each employee
Profess]onal Ll a,bi I its
$1,0001,0010 each claim
$2,0010,000 aggregate
Professional liability shall be wi-itlen, on a claims-made basis and shall contain a
,retroactive date prior to the date of the contract or 'the first date of services to be
performed, whichever is earlier. Coverage shall be maintained for a period of 5
years following the completion of the contract. An annual, certificate of insurance
specifically referencIng this project shall be Submitted to the City for each year
following completion of the contract.
2) Certificates of insurance evidencing that the ENGfN]FER 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 crrY an Additional
,Insured thereon, as its interests iiiay appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
b. certificate(s) of insurance shall document that insurance coverage specified
M this agreement are provided under applicable policies documented
thereon.
c. Any failure on part of the CITY 'to request required insurance
docurnentation shall not constitute a waiver of the 'insurance requtremem .,
d. A minimum of forty-five 5)days notice of cancellation or material change
in coverage shall be provided to the CIT'Y. A ten (10), days notice shall be
acceptable in the event of non-payment of premium. Such terrns shall be
endorsed onto ENGINEERS insurance policies. Notice shall be sent to the
respective Department Director (bly narne), City of Fort Worth, 1000
Throcki-norton Fort Worth Texas 76102.
e. insurers for all policies rust be authorized to do business in the State of
Texas and have a minimum rating of A: VL[ 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 he also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
g. Applicable policies shall, each be endorsed Wirth a waiver of subrogation
in favor of the CITY' as respects the PROJECT.
Multatech Engineering,Inc.—Engineering Agrcernent(DOLible Eagle Blvd.Extension)
Page 4 of 9
11. 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
ro v i 4
de proof of insurance prernIUM payments.
p
j. The Commercial General Liability insurance policy shall. have no
exclusions by endorsements, unless the CH"Y" 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.
k. 1"he CITY shall not be responsible for the direct payment of any
inSUrance premiums required by this agreement and all 'insurance required
in this section, with the exception of Professional Liability, shall, be
written on an occurrence basis.
Independent Engineer
The ENGINFER agrees to perforni all services, as an independent consultant and not a,
subcontractor', agent, or employee of the CITY. Nothing herein shall be construed as
creating a partnership, or joint venture between the City, and the ENGINEER, its offilicers,
agents, employees and consultants, and doctrine of respondent superior has no application as
between the City and the ENGlNE"ER.
J. Disclosu re
The ENGINEER acknowledges to the CITY that it has made ft ill, disclosure in writing of
fficts of interest or potential confl icts, of interest, *ncluding personal
any existing con. 1 1.
I direct or j.ndirect,, in property abutting the proposed pr *ec,t and business
financial interest, OJ
relationships with abutting property cities. The ENG.INEER further acknowledges, that it
will make 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
Obiligaflons of the City
A. City-Furnished Data
ENGfNEER 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 accessib�le to the ENG'INEER as required for the
ENGINEER'S, perfortinance of its services.
CO Timely Review
Multatech Engineering,Inc.—Engineering Afire ernent(Double Eagle Blvd. Extension)
Page 5 of 9
The CTI'Y will examine the ENGINEER'S studies repo rts, ketches,
s drawings,
specilications, prop gal s, and other documents; obtain advice of an, attorney,
insurance counselor, accountant, auditor, bond, and financial adv*sors, and other
engineers as the CITY deem s appropriate; and render in writing decisions required
by the CITY in a timely mantier in accordance with the project schedule 'Included in
the ENGWEER.
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 services or of any defect in the work of the ENGINEER.
E. 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 wily be negotiated between the pat-ties.
,
F, Changes
J CITY may make or approve changes within the �aeneral Scope of Services in
thi's AGRL--4EN4-,ENT. If such changes affect the ENGMER'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 V1
General Legal Provisions,
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEME NT'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 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
instruments of service without the written pen-nission 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.
Multatech Engineering,Inc.—Engineering Agreement(Double .agle Blvd.,Extension)
Page 6 of 9
D. Termination
1) 'I"his AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. '"J."hisAGREEMEN'F may be terminated by either the CFFY
or the ENGINEER. for cause if either party fialls substantially to perfon-n through no
fault of the other and does not commence correction of such nonperformance with 5
days of written notice and diligently complete,the correction there after.
2) If this AGRFEM-ENT is tenninated 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.
-4 a
other forms,of F'.NGINEER'S wo�rk product,,
b.) Out-of-pocket expenses for purchasing storage, containers, microfilm,
electronic data files,and other data storage supplies or services-
C.) "I'lie time requirements for the ENGINEER to document the work underway
art the tinie the CITY'S termination, t convenience s o t hat 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 CITYS approval will.
be obtained, in writing prior to proceeding with termination set-vices.,
E. Suspension,Delay,or Interruption to Work
'Fhe Cl,"I"Y 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
e *table adjustment in the ENGINE' R'S compensation will be made.
qUi E I
F. Indernnification
(1) Work performed by Consultant shall comply in all aspects with all
applicable local, state and federal laws and with all applicable ruil'es 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 responsibiliity 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 CRY
against liability for any damage caused by or resulting from an act of
negflgenc�, 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)
Page 7 of 9
Consultant or Consultant's agent, consultant under contract, or
another entity over which the Consultant's exercises, control.
G. Assi*gnment
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 nee ligence,, strict or, statutory liability, or any other
cause of action, except for willf-Lil misconduct or gross negligence for limitations of liability
and sole negligence for indemniffication. Parties mean the CITY and the ENG-M- ER, and
their officers, employees,, agents, and subcontractors.
Z. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County,Texas.
J. Alternate Disp�ute 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
illegal, or unenforceable in any respect, Such invalidity, illegality, or
invalid, i I I I I
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 Co�mply
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 harniless CITY ands all of its officers,, agents and employees
from and against all claims or liability arising out of the violation of any such order, law,
ordi.nance,, or regulation, whether it be by itself or its employees.
Multatech Engineering,Inc.—Engineering Agreement(Double Eagle Blvd.Extension)
Page 8 of 9
EXECUTED and EFFECTIVF,as of the date last written by a, signatory, below.
APPROVED.-
City of Fort Worth ENGMER
MUltatech En g' ring,Inc.
Fernand o'C to Pau I �" hadilla, P.E.
Assistant City Manager Vice Prestd,ent
DATE: DA T E: !!�p
13
APP OVAL REC'OMEMENDED:
•
Lei i0e_—N z
Douglas Wiersig
Director Transportation/Public Works Department
APPROVED AS,TO FORM AND LEGALITY: M'&C
Date-
w1vaff-7-m .ack-fi j
Assistant City Attorney
47
ATT T-
*0
"Mary J. Kayse
City Secretary 1000000
MUltatech Engineering,hic,—Engineering Agreement(Double Eagle Blvd. Extension) OFFICIAL REC11 RD'
Page 9 of 9
CITY SECRETARY
FT, WORTH,TX
EXHIBIT A
' AmEMULTATECH
ARC FIfTIECTS*EN G IN EERS
28211 Vlest 71h,Street Su.:te 400. Forl VVorth,Texas 76107-2219
April 26., 2013
Mr.Andy Anderson,, P.E.
City,of Fort Worth
10,00 ThroickmOrton Street
Fort Worth, TX 76102
RE,: Double Eagle Boulevard-Scope
Mr.Anderson,
Thank 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 linear feet west across BNSF right-of-way
and connecting to FM 15,6.
The goal of the study is to determine stale holders (who is in control and how much control do
they have),challenges, red flags and' develop a preliminary cost estimate.
MULTATECH ,mill review and prepare a preliminary project report that includes a design scope
of services for a future roadway design prefect. The preliminary project report will include a
oj
design approach and challenges, estimated opinion ofcinstruction 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, deteirmine scope of services, contract submittal., review
process and final product subrnittal
Collect aerial photos, existing topography, as-built information (COFW/ Denton County/
TxDOT/BNSF)
Collect and review franchise utility ' s Built' information, (Gas, Telephone, Electric,, XTO
and Barnett Gathering, LLQ
AFA LJ LOYA T E 0 H
ARGHITECTSsENGINEERS
2821 West 7Ci StreeL Suite 40,0,. Fort VVOrth.lex;as 76,107-2219
..............
• 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.,
• 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
fi
4. Existing pulblic utilities w/narrative
5. Existing franchise utilities wharrative
6. COFW (Traffic dept.; Planning- Water,w/narrative
7. TOOT, FM 156 w/meeting narrative
8. BNSF w/meeting narrative
9. Denton County w/rneeting narrative
10. Existing right-of-way w/narrative
11. Drainage /narrative
12. Pro ect design approach, challenges and assumptions w/narrative and design
project scope of services
13. Report conclusion
1,4. Exhibit k aerial exhibit with existing utilities; right-of-way" property ownership*
utility owner w/contact names* proposed roadway al'ignment.
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 k,As built information
• Contact and meet w/ BNSF. Items to discuss, would include-. rail crossing horizontal
location approval; COFW responsibility vs BNSF res,plonsibility and will BNSF put money
into a crossing that will be abandoned within 3-4 years.
• Contact and rneet w/ TxDOT Dallas District. Items to discuss would 'include;, horizontal
Hwy drive location approval- site distance issue;traffic signalization and drainage)
• Contact and meet w/COFW Water Department. Items to discuss wo,uild 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.
• Contact, and meet w/ C W Planning Department. Items to discuss would include.,
status of Preliminary plat; is alignment still approved,: if the City builds the proiectL_can
there be some reimbursement from developer and if so,what would be the process.
• Contact and meet w/ COFW Traffic Engineering Department. Items to discuss would,
include-site distance at 156,,signallization of the new intersection.
• Contact and meet w/COFW Storm water Department
AMMULTATECH
ARCHITECTS 4,ENGINEERS
2821 West 7th Street.Sufte 400. Fod'Viorth,Texas'16107-2219
* Contact and meet w/Denton County.
* Contact and meet w/ Barnet Gathering, LL C. Items to discuss would include; will
proposed roadway and ramp up to rail 15 impact pipeline, what is the recourse?, And
how much,
* 60%: Prepare final,written report
• Prepare Design Consultant scope
Please review the scope of work and let me know if we have,captured your concerns. We have
prepared a fee associated with the above scope of work that is in the 3 K range. We can
always adjust the scope and fee to meet your needs. Again,. thank your for considering
MULTATECH. We are excited to assist the City of Fort Worth with this project.
Sinc
Padilla P.E.
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