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WHEREAS, the City of Fort Worth (CITY) and Pacheco Koch Consulting
Engineering, Inc. (ENGINEER) made and entered into City Secretary
Contract No. 47845, (the CONTRACT) which was administratively authorized
on the 3rd day of June , 2016 in the amount of $27, 100 . 00; and
Whereas, the CONTRACT was amended on December 21, 2016 in the amount
of $9, 000; and
WHEREAS, the CONTRACT was amended on November 17, 2017 in the amount
of $54, 800 . 00
WHEREAS, the CONTRACT involves engineering services for the
following project:
Bunche Park; and
WHEREAS, it has become necessary to execute Amendment No. 3 to the
CONTRACT to add additional terms to the scope of design for construction
for a revised fee.
NOW THEREFORE, CITY and ENGINEER, acting herein by and through their
duly authorized representatives, enter into the following agreement,
including Attachment "A", which amends the CONTRACT:
1.
Article I of the CONTRACT is amended to include the additional
engineering services specified in a proposal dated November 17, 2017, a
copy of which is attached hereto and incorporated herein. The cost to
City for the additional design services to be performed by Engineer
totals $1,500. 00. (See Attached Funding Breakdown Sheet)
2.
Article II of the CONTRACT is amended to provide for an increase in
the fee to be paid to Engineer for all work and services performed under
the Contract, as amended, so that the total fee paid by the City for all
work and services shall be an amount of $92,400. 00.
3.
City of Fort Worth
Professional Services Agreement Amendment Template OFFICIAL RECORD
PMO Official Release 8/1/2012
Page 1 of 7 CITY SECRETARY
FT.WORTH,TX
The contract is further amended to include the attached language
pertaining to non-discriminatory practices, certification regarding
lobbying and parts of Section 3 of the Housing and Urban Development Act
of 1968 which amends the Agreement and which are also to be applied to
the bidding documents for construction.
4 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
EXECUTED and EFFECTIVE as of the date subscribed by the City' s
designated Assistant City Manager.
APPROVED:
City of Fort Worth ENGINEER
Pacheco Koch Consulting
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A�EngJ nc.—,, CLG�� -
tusat!z'tant
Alanis Mark Pacheco, PE, RPLS.
City Manager President
DATE: ( DATE: I?I1"FJ2-01e
APPROVAL DE :
Ric4 rd Zavala
Dire tor, Park and Recreation Department
APPROVED AS TO FORM AND LEGALITY: M&C:�5
Date:
Douglas W. Black
Assistant City Attorney
ATTEST:
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M ry J. y e {
City of Fort Worth .... ... OFFICIAL RECORD
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012 .2. CITY SECRETARY
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FT.WORTHS TX
City Secretary
City of Fort Worth
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PMO Official Release 8/1/2012
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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.
10 00
&4,,0xm Project Manager
Name of Employee
1/29/2018
City of Fort Worth
Professional Service Agreement Amendment Template
PMO Official Release 8/1/2018
FUNDING BREAKDOWN SHEET
City Secretary No.
Amendment No.
Department Fund-Account-Center Amount
08 21001 0800450 5740010 100621 991914 $1, 500 . 00
Total : $1, 500 . 00
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012
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4Pacheco Koch
November 17, 2017
PK:3570-16.290
Mr.Cornell Gordon
Project Manager
CITY OF FORT WORTH
4200 S. Freeway, Suite 2200
Fort Worth,Texas
Re: Additional Services
BUNCHE PARK MASTER PLAN
Data Collection and Hydrologic Assessment
Fort Worth, Tarrant County, Texas
Dear Mr. Gordon:
As you are aware, Pacheco Koch Consulting Engineers, Inc. has been requested to provide
services on the referenced site that we believe are outside the Scope of Work of our initial proposal
dated June 3, 2016, and subsequent additional services proposals as applicable. These services
are as follows:
HYDROLOGIC ASSESSMENT: Pacheco Koch will develop a hydrologic model for the
Wildcat Branch watershed upstream of Fitzhugh Avenue.The hydrologic model will include
analysis of pre-project and post-project site conditions to determine peak discharges for
the 1-, 5-, and 100-year storm events as required by the City. Supporting technical data
will be provided to document the procedures and findings of our analysis.
Included in this item:
■ Time of concentration calculations and schematic.
■ Comparison of hydrographs (site and downstream confluence).
■ Technical Documentation
■ Develop HEC-HMS model
We propose that the fee for our current contract be increased $1,500.00 to cover personnel
expenses involved in these changes. Terms and conditions shall be the same as per our original
agreement.
If this request is acceptable to you as presented, please sign where indicated below and return
to our office for our mutual agreement. If you have any questions or need any additional
information, please call me at your earliest convenience.
Sincerely,
Nic olas G. Nelson, RLA, LEED®AP
ArEPTtD BY: CITY OF FORT WORTH+ J20
L7
SIGNATURE D E_0'."' a -2.0
PRINTED NAME AND TITLE
NGN/kh 3570-16.290_Add Serve3Rl
6100 Western Place ■ Suite 1001 Fort Worth,TX 76107-4654 ■ T:817.412.7155 ■ F:817.412.7156 ■ pkce.com
Attachment "A" to Amendment No. 3
to City Secretary Contract No. 47845
• As applicable, Engineer will comply with City and Federal conflict of interest policies
and regulations, including but not limited to the requirements of 24 CFR part
200.318(c)(1). Engineer may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts.
• Engineer shall not award any contract or subcontract to a party listed on the government-
wide exclusions in the System for Award Management, www.sam.gov ("SAM").
Engineer must confirm by search of SAM that all contractors, subcontractors or vendors
are not listed as being debarred, both prior to hiring and prior to submitting an invoice for
payment.
• Engineer shall submit the attached Exhibit "L" — MBE Reporting Form to City annually
detailing Engineer's efforts to sub-contract with disadvantaged business enterprises,
small business enterprises, minority business enterprises, and women's business
enterprises where possible.
• Engineer agrees that the City of Fort Worth has the right to inspect and approve in
writing any proposed contracts with subcontractors, including any lower tier
subcontractors engaged for the Project.
• Engineer shall comply with all non-discrimination requirements at 24 CFR 570.607 and
ordinances codified at Chapter 17, Article III, Division 3 — Employment Practices and
Division 4—Fair Housing of the City Code. Engineer hereby agrees not to discriminate
against any person, employee or applicant for employment because of race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability,
sexual orientation, gender identity, gender expression, or transgender, nor will
Engineer permit its officers, members, agents, employees, vendors, or project
participants to engage in
such discrimination.
• All accessibility improvements must meet standards set by the ADA, Section 504 of the
Rehabilitation Act of 1973, 24 CFR Part 8 of the HUD regulations, and any
corresponding federal, state or local laws, regulations or ordinances regarding
accessibility of public facilities.
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012
Page 1 of Attachment"A"to Amendment No. 3 to CSC 47845
• Vendor shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility
Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by
any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right
to immediately terminate this Agreement for violations of this provision by Vendor.
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012
Page 2 of Attachment"A"to Amendment No. 3 to CSC 47845
Exhibit "L" — MBE Reporting Form (HUD2516)
Excel spreadsheet to be provided. This form must be completed and returned to the
Neighborhood Services Department of the City of Fort Worth by Engineer after all
engineering work is completed but no later than October 5,2018.
❑ F
y
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012
Page 3 of Attachment"A"to Amendment No.3 to CSC 47845
ADDITIONAL TERMS
Requirement that Law Be Quoted in Covered Contracts. - Certain Requirements
Pertaining to Section 3 of the Housing and Urban Development Act of
1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related
Regulations at 24 CFR Part 135
If the construction of the Required Improvements will cause the creation of new
employment, training, or contracting opportunities on a contractor or subcontractor
level resulting from the expenditure of the CDBG Funds, Developer shall comply with
the following and will ensure that its contractors also comply. If the work performed
under this Contract is on a project assisted under a program providing direct Federal
financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that
the following clause, shown in italics, be inserted in all covered contracts ("Section
3 Clause") :
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. section 170lu (Section 3) . The purpose of Section 3 is
to ensure that employment and other economic opportunities generated by
HUD assisted or HUD-assisted programs covered by Section 3, shall to the
greatest extent feasible, be directed to low- and very-low income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in
24 CFR Part 135, which implement Section 3. As evidenced by their
execution of this contract, the parties to this contract certify that they
are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representatives of the contractor's commitments
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprentice and training
positions, the qualifications for each; and the name and location of the
person (s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. The contractor agrees that it will include this Section 3 clause in
every subcontract to comply with regulation in 24 CFR Part 135, and agrees
to take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions,
including training positions, that are filled: (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the
contractor's obligations under 14 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that
the subcontractor has been found in violation of regulations in 24 CFR
135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Determination
City of Fort Worth
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PMO Official Release 8/1/2012
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and Education Assistance Act (25 U.S. C. section 45Oe) also applies to the
work to be performed under this Contract. Section 7(b) requires that to
the greatest extent feasible (i) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award
of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply
with Section 3 to the maximum extent feasible, but not in derogation of
compliance with Section 7(b) . "
Section to be quoted in covered contracts ends.
No Discrimination in Employment during the Performance of this Contract.
During the performance of this Contract, Developer agrees to the following
provision, and will require for the construction of the Required Improvements that its
contractors, subcontractors, and vendors also comply with such provision by including
it in all contracts with its contractors, subcontractors, or vendors:
[Contractor's, Subcontractor's or Vendor's Name] will not unlawfully
discriminate against any employee or applicants for employment because of race, color,
sex, gender, religion, national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's Name] will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender and that employees are
treated fairly during employment without regard to their race, color, sex, gender,
religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training, including apprenticeship.
[Contractor's, Subcontractor's or Vendor's Name] agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
[Contractor's, Subcontractor's or Vendor's Name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's
or Vendor's Name] , state that all qualified applicants will receive consideration
for employment without regard to race, color, sex, gender, religion, national origin,
familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's Name] covenants that neither it nor
any of its officers, members, agents, employees, or contractors, while engaged in
performing this Contract, shall, in connection with the employment, advancement or
discharge of employees or in connection with the terms, conditions or privileges of
their employment, discriminate against persons because of their age or because of any
disability or perceived disability, except on the basis of a bona fide occupational
qualification, retirement plan or statutory requirement.
[Contractor's, Subcontractor's or Vendor's Name] further covenants that neither
it nor its officers, members, agents, employees, contractors, or persons acting on
their behalf, shall specify, in solicitations or advertisements for employees to work
on this Contract, a maximum age limit for such employment unless the specified maximum
age limit is based upon a bona fide occupational qualification, retirement plan or
statutory requirement.
Certification Regarding Lobbying.
The undersigned representative of Developer hereby certifies, to the best of his
or her knowledge and belief, that:
City of Fort Worth
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PMO Official Release 8/1/2012
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No Federal appropriated funds have been paid or will be paid, by or on
behalf of Developer, to any person for influencing or attempting to
influence an officer or employee of any Developer, a member of Congress,
an officer or employee of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any Developer, member of Congress in connection
with this Federal contract, grant, loan or cooperative agreement,
Developer shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which
reliance was placed when this Contract was made or entered into.
Submission of this certificate is a prerequisite for making or entering
into this Contract imposed by 31 U.S.C. Section 1352. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000. 00 and not more than $100,000. 00 for each
such failure.
Developer shall require that the language of this certification be included in
all subcontracts or agreements involving the expenditure of federal funds.
City of Fort Worth
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