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HomeMy WebLinkAboutContract 47805 RECENED CITY SECRETARY MAY 192016 CONTRACT 010. GlI1lOFFORTWOM Crff8M tEiARY CITY OF FORT WORTH,TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Pacheco Koch Consulting Engineers, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Far North Library Land Surveying Services. Article I Scope of Services A. The Scope of Services is set forth in the ENGINEER's letter "Re: Professional Land Surveying Services, Far North Library Land Surveying Services, Fort Worth, Tarrant County, Texas, Mapsco: F22-N (Attachment A), dated April 20, 2016 (Revised). Article II Compensation A. The ENGINEER's compensation is set forth in Attachment A. Article 111 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 A 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 1, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or Std.Agreement for Eng.Services(R24Sep12014)— Far North Library Land rvices Page 1 of 16 Pacheco Koch Consuttlng Engineers,Inc. Aprrl 2016 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 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 A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and fumishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations Subsurface Investigations paragraph is not applicable for this project. 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 Std.Agreement for Erg.Services(R24Sept2014)— Far North Library Land Surveying Services Page 2 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITI"s construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A,the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations,and Schedules Opinions of Probable Cost, Financial Considerations, and Schedules paragraph is not applicable for this project G. Construction Progress Payments Construction Progress Payments paragraph is not applicable for this project H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of Std.Agreement for Eng.Services(R24Sept2014)— Far North Library Land Surveying Services Page 3 of 16 Pacheco Koch Consuking Engineers,Inc. April 2015 information compiled and fumished 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 MBE& SBE Participation paragraph is not applicable for this project. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Std.Agreement for Eng.Services(R24Sept2014)— Far North Library Lard Surveying Services Pape 4 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premisestoperations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers,directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto—the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. 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 — the ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than Std.Agreement for Eng.Services(R24Sept2014)— Far North Library Land Surveying Services Page 5 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director(by name), City of Fort Worth, 1000 Throckmorton, Fort Worth,Texas 76102. Std.Agreement for Eng.Services(R24Sept20l4)— Far North Library Land Surveying Services Paige 6 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest,direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities-Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment A to this AGREEMENT. Article V Obligations of the City Std.Agreement for Eng.Services(R24Sept2014)— Far North Library Land Surveying Services Page 6 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits,and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment A. 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 Std.Agreement for Eng.Services(R24Sept2014)- Far North Library Land Surveying Services Page 9 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance,contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3)The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-parry beneficiary rights under this Agreement. (4) Nothing contained in this Agreement 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 Std.Agreement for Eng.Services(FlMept2014)- Far North Library Land Surveying Services Page 10 of 16 Pacheco Koch consulting Engineers,Inc. April 2016 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 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. Std.Agreement for Eng.Services(R24Sept2014)— Far North Ubrary Land Surveying Services Page 11 of 16 Pacheco Koch Consuifing Engineers,Inc. Apri12016 D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, pians, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay,or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT'S schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall Indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. Std.Agreement for Eng.Services(R24Sept2014)— Far North Library Land Surveying Services Page 12 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees,agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be constnied 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 goveming 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. Std.Agreement for Eng.Services(Ft24Sapf2014)— Far North Library Land Surveying Services Page 13 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 Article VII Attachments,Schedules,and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A — Pacheco Koch's letter "Re: Professional Land Surveying Services, Far North Library Land Surveying Services, Fort Worth, Tarrant County, Texas, Mapsco: F22-N, dated April 20, 2016(Revised). xxxxxxxxxxxxxxx The Remainder of this Page Is Intentionally Left Blank xxxxxxxxxxxxxxx ,j&"arnent for Erg.Services(R24Sept2014)— Far North Library land Surveying Services Page 14 of 16 Pacheco Koch Consu6ing Engineers,Inc. April 2016 Executed and effective this the day of �, 2016. BY: BY: CITY OF FORT WORTH ENGINEER Pacheco Koch. ineers, Inc. 44966... 1� Jesus J. Chapa Mark A. Pac eco, .E., R.P.L.S. Assistant C/itty.Manager President Date:_ �'�f/ �� Date: April 26,2016 APPROV L RECOMMENDED: By: teve lCooke, Director Property Management Department APPROVED AS TO FORM AND LEGALITY By: M&C No.: MSC Not Required Richard A. McCracken Assistant City Attorney M&C I'ot 1295: �14-- A1 7 Mary J. Kayser �„�` r ° City Secretary I.. $� V$$ a Std.Agreement for Eng.Services(H2413ept2014)— Far North Library Land rveying Services Page 15 of 16 Pacheco Koch Consulting Engineers,Inc. OFFICIAL RECORD April 2016 CITY SECRETARY FT.WORTH,TX ATTACHMENT A- SCOPE OF SERVICES,COMPENSATION, SCHEDULE Refer to the attached Pacheco Koch Consulting Engineers, Inc. letter dated April 20, 2016 (Revised), subject: Professional Land Surveying Services, Far North Library Land Surveying Services, Fort Worth, Tarrant County, Texas, Mapsco: F22-N. If any conflict arises between the Attachments/Exhibits and the Agreement, the terms of the Agreement shall control. Std.Agreement for Eng.Services(R24Sep12014)— Far North Library Land Surveying Services Page 16 of 16 Pacheco Koch Consulting Engineers,Inc. April 2016 Pacheco Koch A-r r G?� "IE r4 1 NT A April 20, 2016 (Revised) PK No.: 0100 Mr. Affonso Meza, RA CITY OF FORT WORTH Property Management Department 401 W. 13th Street Fort Worth, Texas 76102 Re: Professional Land Surveying Services FAR NORTH LIBRARY Land Surveying Services Fort Worth, Tarrant County, Texas MAPSCO: F22-N Dear Mr. Meza: Pacheco Koch Consulting Engineers,Inc.is pleased to submit this proposal to provide professional land surveying services relating to the referenced project. The project is located at 4200 Golden Triangle Boulevard in Fort Worth, Texas. The project site is a plotted lot that is currently undeveloped. It is our understanding the project scope is a topographic survey, The limits of survey are shown on the attached Exhibit A. SCOPE OF SERVICES Based on our preliminary discussions and review of the information received to date,the following is our perception of the services to be provided by Pacheco Koch for the referenced project: TOPOGRAPHIC SURVEY: Pacheco Koch will perform an on the ground survey of the property under the direct supervision of a Registered Professional Land Surveyor. Included in this item: ■ Location of permanent improvements on, and immediately adjacent to, the site. ■ Spot elevations on a 50-foot grid. ■ Contours on one foot intervals. ■ Top of curb and gutter elevations for paving on, and adjacent to, the site. ■ Locations, common name and trunk diameter of trees over 6-inches in caliper. ■ Location of visible utilities and appurtenances. ■ Location and sizes of underground utilities based on available record information. ■ Pacheco Koch will graphically plot, if any, the Special Flood Hazard Area from the Flood Insurance Rate Map (FIRM), published by Federal Emergency Management Agency (FEMA), for this area. ■ Boundary lines of subject tract in the project area only. ■ Plot easements or setbacks of which the surveyor has knowledge or has been made aware. This item does not include an abstract of title. Not included in this item: ■ Species name of trees. ■ Trees less than 6-inches in diameter. ■ Subsurface utility engineering services. ■ Location of irrigation control valves. Mr. Alfonso Meza, RA April 20, 2016 (Revised) Page 2 REIMBURSABLE EXPENSES: Included in this item are usual and customary expenses normally incurred during this type of project. These could include travel expenses, courier delivery charges, overnight delivery charges, copies of deeds, copies of existing plans and/or maps, photocopies, printing and reproduction (either in-house or by reproduction company). Application, review and filing fees are not included in this item. A copy of our "Standard Billing Rates for In-House Reimbursable Charges" is attached for your reference. SCHEDULE Pacheco Koch acknowledges the importance to City of Fort Worth of the project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. City of Fort Worth understands, however, that Pacheco Koch's performance must be governed by sound professional practices. If, through no fault of Pacheco Koch, such periods of times or dates are changed, or the orderly and continuous progress of Pacheco Koch's services is impaired or Pacheco Koch's services are delayed or suspended, then the time for completion of Pacheco Koch's services, and the rates and amounts of Pacheco Koch's compensation, shall be adjusted equitably. If requested, Pacheco Koch would be pleased to develop a project schedule outlining each of the items included previously described in the Scope of Services. COMPENSATION Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total fee as follows: Surveying Services TOPOGRAPHIC SURVEY $ 4,000.00 REIMBURSABLE EXPENSES (Not To Exceed) $ 500.00 TOTAL $ 4,500.00 SUMMARY This proposal, unless otherwise noted, constitutes our understanding of the services to be provided by Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is offered for a period of thirty (30) days after which, if said proposal has not been executed, said proposal should no longer be valid. Pacheco Koch Consulting Engineers, Inc.is pleased to have this opportunity to submit this proposal and look forward to working with you on this project. If the proposal and accompanying agreement is acceptable to you as presented, please execute one copy of the agreement form and return one original copy to our office. Upon receipt of notice to proceed, either in writing or verbally,it will be assumed said agreement is accepted by all parties and services will be provided accordingly. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience. Sincerely, Michael L. Lewis, R.P.L.S. MLL/kh 01-14662R2 Pacheco Koch SCHEDULE OF STANDARD HOURLY BILLING RATES (Our hourly rates are subject to change at any time.) ENGINEERING SURVEYING Principal.............................................$225.00/Hr. Principal.............................................$225.00/Hr. Associate Principal..........................$200.00/Hr. Associate Principal..........................$200.00/Hr. Director..............................................$200.00/Hr. Director..............................................$200.00/Hr. Senior Project Manager..................$150.00/Hr. Senior Project Manager..................$150.00/Hr. Senior Project Coordinator.............$150.00/Hr. Senior Project Coordinator.............$150.00/Hr. Project Manager..............................$120.00/Hr. Project Manager..............................$120.00/Hr. Project Coordinator........................$120.00/Hr. Project Coordinator........................$120.00/Hr. Project Engineer.................................$95.00/Hr. Project Surveyor.................................$95.00/Hr. Senior Technician ............................$1 10.00/Hr. Survey Intern.......................................$90.00/Hr. Technician..........................................$80.00/Hr. Senior Technician ..............................$90.00/Hr. Drafter..................................................$75.00/Hr. Technician..........................................$80.00/Hr. Research Manager...........................$80.00/Hr. Drafter..................................................$75.00/Hr. Technical Assistant............................$50.00/Hr. Research Manager...........................$80.00/Hr. Executive Assistant ............................$85.00/Hr. Technical Assistant ............................$50.00/Hr. Senior Administrative Assistant.........$80.00/Hr. Executive Assistant ............................$85.00/Hr. Administrative Assistant ....................$70.00/Hr. Senior Administrative Assistant.........$80.00/Hr. Expert Witness Testimony................$350.00/Hr. Administrative Assistant ....................$70.00/Hr. LANDSCAPE ARCHITECTURE Expert Witness Testimony................$350.00/Hr. Principal.............................................$225.00/Hr. Survey Field Crew (1-person) ...........$95.00/Hr. Associate Principal..........................$200.00/Hr. Survey Field Crew (2-person).........$140.00/Hr. Director..............................................$200.00/Hr. Survey Field Crew (3-person) .........$195.00/Hr. Senior Project Manager..................$150.00/Hr. Survey Field Crew (4-person).........$250.00/Hr. Project Manager..............................$120.00/Hr. Project Landscape Architect..........$95.00/Hr. Landscape Designer.........................$75.00/Hr. Drafter..................................................$75.00/Hr. Executive Assistant ............................$85.00/Hr. Senior Administrative Assistant.........$80.00/Hr. Administrative Assistant ....................$70.00/Hr. Expert Witness Testimony................$350.00/Hr. rev.02/2016 6100 Westem Place Suite 1001 Fort Worth,TX 76107-4654 817.412.7155 pkce.com Pacheco Koch STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES (Rates are subject to change at any time.) Reproduction: BlackLine Bond Prints..........................................................................................$0.50/sf Black Line Vellum Prints.......................................................................................$ 1.50/sf Black Line Mylar Prints.........................................................................................$ 2.00/sf ColorBond Plots...................................................................................................$3.00/sf Color Prints (8 1/2" x 11") ..................................................................................$ 1.00/ea Photocopies (8 1/2" x 1 1") ...............................................................................$0.10/ea Monumentation (Materials Only): 3" Aluminum Disks.............................................................................................$25.00/ea Mounting: Foam-core (3/16")................................................................................................$4.00/sf Binding Services: Punch & Bind.......................................................................................................$2.00/ea Storage Media: CD........................................................................................................................$8.00/ea Travel Expenses: Per Diem (Lodging/Meals) ...........................................................$ 100.00/Day/Person rev. 08/2009 5 J'es's PIcce 3 7.A EXHIBIT A Pacheco h CITY OF FORT WORTH 6100 Westem Place I STE 1001 Fort Worth, TX 76107 DESIGN SURVEY-FAR NORTH LIBRARY (817)412-7155 MARCH 1,2016 M . AMA M �I #_ r +a i t ! N m T O l.r. I a hstar ogra• i• * E /Airbus i • - � 1 •� .., ,Ae ogrtl,le ,t� - s i ta�:!•'and w -;- - IL I p h C) W KEY TO FEATURES NOTES DATUM BACKGROUND IMAGE FROM NAD 1963 TEXAS STATE PLANE LIMITS OF SURVEY ESRI AERIALS NORTH CENTRAL ZONE FIPS 4202U. C3TAD Tax Parcels 0 100 200 i Feet i I inch=200 feet w cj w