Loading...
HomeMy WebLinkAboutContract 51100 CITY SECRETARY I qFC CONTRACT NO. 'BGG, F 710 9 C17YO T�2?018 DESIGN PROCUREMENT AGREEMENT CrAAy FOR PUBLIC WATER LINE EXTENSION This Design Procurement Agreement("Agreement"), entered into the 1q, day of 2018 by and between the City of Fort Worth ("City"), a Texas home-rule munic ality ("City"), acting herein by and through, its duly authorized Assistant City Manager, and Ware Vista#1,LLC,a Texas limited liability company("Developer")acting by and through its duly authorized representative. City and Developer are referred to herein individually as a Party and collectively as the Parties. Recitals WHEREAS, the City and Developer each desire to make public infrastructure improvements, consisting of a public water line extension, in the City of Fort Worth, Texas as further described in Exhibit A; and WHEREAS, City and Developer desire to enter into this Design Procurement Agreement in order to accomplish the goals of the Parties; and WHEREAS, Developer has determined that Pacheco Koch ("Design Consultant") should provide the design of the Project based on demonstrated competence and qualifications to perform the Design Consultant services for a fair and reasonable price; and WHEREAS, City staff have reviewed the scope, fee and schedule for the design of the Project and find them to be fair and reasonable; and WHEREAS, Developer is responsible for the portion of the Project shown on Exhibit A as the Green Line ("Developer's Share") and the City is responsible for the portion of the Project shown on Exhibit A as the Red Line ("City's Share") (Developer's Share and City's Share are collectively,the"Project"); and WHEREAS, Design Consultant shall prepare separate plans for the Green Line and the Red Line; and WHEREAS, City shall pay to Developer Design Consultant's fee for the Red Line and Developer shall pay Design Consultant's fee for the Green Line, as described in this Agreement; and WHEREAS, Developer shall not earn a fee based upon the City's portion of the design fees paid to Design Consultant for the Red Line; and WHEREAS, City and Developer intend to execute a Community Facilities Agreement, or other similar agreement, for construction of the Project, the costs of which will be shared by the City and Developer as set forth in such other agreement; and Qp Design Procurement Agreement for Public Water Line Extension OFFICIAL1�a�e 1Rof 2 Ware Vista#1,LLC �� ���RVAM r�Wol" 1,TX NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants and agreements herein contained, the City and Developer agree as follows: SECTION 1 GENERAL REQUIREMENTS 1.1 The Project will generally consist of certain public infrastructure in the form of a public water line extension as further described on Exhibit A. 1.2 Developer will retain Pacheco Koch as the Design Consultant for the Project pursuant to a written agreement approved by the City, attached hereto as Exhibit B (the "Design Agreement"). 1.3 The Design Consultant shall provide a separate set of engineering drawings, renderings, contract specifications,estimates,and other documents necessary to construct the Red Line and the Green Line and shall maintain separate accounting of the costs for such work ("Construction Documents"). The City shall pay the City's Share of the costs for the Construction Documents for the Red Line and Developer shall pay the Developer's Share of the costs for the Construction Documents for the Green Line. Design Consultant shall prepare two invoices for the Project, one for the Developer's Share and one for the City's Share, as work is completed, in accordance with the Design Agreement. Developer shall pay to Design Consultant each invoice for Developer's Share. Developer shall forward Design Consultant's invoice for City's Share to the City. The City shall pay the amount of such invoice to Developer within 30 days after receiving the invoice. Upon receipt of payment from the City, Developer shall pay to Design Consultant the City's Share of Design Consultant's fees and shall provide a receipt from Design Consultant or other proof of payment to the City within 30 days after payment. Developer shall request payment by the City for City's Share of the Design Consultant's fees no more frequently than once per month. 1.4 City shall have the ultimate right to approve or disapprove the Construction Documents after consultation with Developer. 1.5 Developer shall ensure that Developer's agreement with the Design Consultant includes provisions requiring Design Consultant's services to include preparation of all easement documents for the Developer's Share and the City's Share of the Project. 1.6 Developer shall be responsible for obtaining and paying all costs of obtaining all easements, TxDOT permits, and railroad permits necessary for Developer's Share of the Project. Developer shall use commercially reasonable efforts to obtain such easements and, if unable to obtain the easements, shall enter into a Developer Funding Agreement with the City whereby the City shall obtain the easements at Developer's cost. For purposes of this subsection, the term "commercially reasonable efforts" shall mean that Developer has: (1) explained the need for the easement to the property owner; (2) the Developer has obtained an appraisal for the cost of the easement; (3) the Developer has Design Procurement Agreement for Public Water Line Extension Page 2 of 25 Ware Vista#1,LLC made a good faith written offer to the property owner based upon the appraisal; (4) the property owner has provided the Developer with a written response rejecting the good faith offer; and (5) in the opinion of the City, continued easement negotiations between the Developer and the property owner do not appear to be productive. City shall be responsible for obtaining and paying all costs of obtaining all easements,TxDOT permits,and railroad permits necessary for City's Share of the Project. SECTION 2 TERMINATION, OWNERSHIP OF PLANS,APPROPRIATION AND FISCAL FUNDING OUT 2.1 Termination. This Agreement may be terminated without cause by either party upon delivery of three business days' written notice to the other party of such intent to terminate; provided, however, both parties shall be liable for their share of obligations incurred pursuant to the Design Agreement before such termination. 2.2 Ownership of Plans. City shall own the plans and other documents and work product Design Consultant creates for the Red Line. Developer shall own the plans and other documents and work product Design Consultant creates for the Green Line. In the event this Agreement is terminated, City shall have the right to enter into an agreement with Design Consultant to complete Design Consultant's services for the Red Line. . Developer shall include the City's ownership right in plans for the Red Line and the City's right to enter into an agreement with Design Consultant to complete the Red Line in Developer's agreement with the Design Consultant. 2.3 Appropriation of Funds. The Fort Worth City Council has approved the expenditure of $210,060.00 for the City's share of the actual costs to design the Red Line. 2.4 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement,the City's costs for the Red Line exceed the amount approved in accordance with Section 2.3 and the Fort Worth City Council fails to approve funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of: (i) delivery by the City to Developer of written notice of the City's intention to terminate or(ii)the last date for which funding has been approved by the Fort Worth City Council for the purposes set forth in this Agreement. SECTION 3 FORCE MAJEURE 3.1 If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission,or agency of the United States or of any state;declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with Design Procurement Agreement for Public Water Line Extension Page 3 of 25 Ware Vista#1,LLC applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. SECTION 4 LIABILITY AND INDEMNIFICATION 4.1 DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDINGDEA TH, TOANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CA USED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES IN CONNECTION WITH PERFORMANCE OF THIS AGREEMENT. 4.2 DEVELOPER AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS,AND EXPENSES OF ANY KIND, INCLUDING,BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY(INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT;EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITYRESUL TING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,AGENTS,EMPLOYEES, OR SEPARATE CONTRACTORS,AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARA TIVEL YINA CCORDANCE WITH THE LA WS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 4.3 Developer's agreement with the Design Consultant shall include a release and indemnity in favor of City in substantially the following form: "DESIGN CONSULTANT SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH AGAINST LIABILITY FOR ANY DAMAGE CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL Design Procurement Agreement for Public Water Line Extension Page 4 of 25 Ware Vista#1,LLC PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE DESIGN CONSULTANT OR DESIGN CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE DESIGN CONSULTANT EXERCISES CONTROL." SECTION 5 INSURANCE 5.1 Developer shall maintain the insurance requirements set forth in Exhibit C, which is attached hereto and incorporated herein for all purposes. 5.2 Developer shall require in its contract with Design Consultant that City is listed as an additional insured on Design Consultant's insurance policy. SECTION 6 NONDISCRIMINATION 6.1 Developer shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in performing the services under this Agreement. SECTION 7 VENUE AND CHOICE OF LAW 7.1 Developer and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. SECTION 8 THIRD-PARTY RIGHTS AND ASSIGNMENTS 8.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Developer,and any lawful assign or successor of Developer,and are not intended to create any rights, contractual or otherwise, to any other person or entity. 8.2 Developer agrees that it will not subcontract or assign all or any part of its rights,privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. SECTION 9 BINDING COVENANTS Design Procurement Agreement for Public Water Line Extension Page 5 of 25 Ware Vista#1,LLC 9.1 Subject to the limitations contained herein,the covenants,conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. SECTION 10 INDEPENDENT CONTRACTOR 10.1 Developer shall perform all work and services hereunder as an independent contractor,and not as an officer, agent, servant or employee of the City. Developer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same,and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be construed as creating a partnership or joint venture between the City and Developer, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior has no application as between the City and Developer SECTION 11 AMENDMENTS, CAPTIONS,AND INTERPRETATION 11.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon the written consent of both the City and Developer. 11.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. SECTION 12 GOVERNMENTAL POWERS AND IMMUNITIES 12.1 It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. SECTION 13 AUTHORIZATION AND COUNTERPARTS 13.1 By executing this Agreement on behalf of Developer,the person signing below affirms that he or she is authorized to execute this Agreement and that all representations made herein with regard to the signer's identity, address, and legal status are true and correct. 13.2 This Agreement may be executed in several counterparts,each of which will be deemed an original, but all of which together will constitute one and the same instrument. Design Procurement Agreement for Public Water Line Extension Page 6 of 25 Ware Vista#1,LLC SECTION 14 SEVERABILITY AND NO WAIVER 14.1 It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision, and does not materially prejudice either Developer or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 14.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 15 COMPLIANCE WITH LAWS 15.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 15.2 If City notifies Developer or any of its officers, agents, employees, contractors, subcontractors, licensees,volunteers, or invitees of any violation of such laws,ordinances, rules or regulations, Developer shall immediately desist from and correct the violation. SECTION 16 NOTICES 16.1 Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand- delivery or via U.S. Postal Service certified mail, postage prepaid,to the address of the other party shown below: To the City: To Developer: Fort Worth Water Department Ware Vista#1, LLC Attn: Attn: Colton Wright 200 Texas Street 8350 N. Central Expressway Fort Worth,Texas 76102 Suite 1750 Dallas, Texas 75206 with copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Design Procurement Agreement for Public Water Line Extension Page 7 of 25 Ware Vista#1,LLC and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 SECTION 17 HEADINGS 17.1 The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. SECTION 18 RIGHT TO AUDIT 18.1 Developer agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. 18.2 Developer shall include in its contract with the Design Consultant a right until the expiration of three (3) years after final payment under this Agreement, to have access to and the right to examine any directly pertinent books, documents, papers and records of Design Consultant involving transactions relating to this Agreement and the agreement between Developer and Design Consultant. Design Consultant must agree that the City shall have access during normal working hours to all necessary Design Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Design Consultant reasonable advance notice of intended audits. SECTION 19 PROHIBITION ON BOYCOTTING ISRAEL 19.1 Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or, services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Design Procurement Agreement for Public Water Line Extension Page 8 of 25 Ware Vista#1,LLC Developer: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. SECTION 20 SOLE AGREEMENT 20.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Developer, and any lawful assign and successor of Developer, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (Remainder of Page Intentionally Left Blank) Design Procurement Agreement for Public Water Line Extension Page 9 of 25 Ware Vista#1,LLC i IN WITNESS THEREOF,the parties have made and executed this Agreement in multiple originals to be effective on the date signed by the Assistant City Manager, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: DEVELOPER: WARE VISTA#1,LLC —jv—r�� Jesus J. Chapa Na Title: „� y Assistant City Manager Date: �f Date: 3 a 1 Recommended by: Christopher Harder Acting Water Department Director APPROVED AS TO FORM AND LEGALITY: Richard A. McCracken Assistant City Attorney F FoRr�L /A. . ..�� ATTEST: U _ retract Compliance Manager By signing I acknowledge that.I am the XAS person responsible for the monitoring and ty tecret r administration of this contract, including f �( ensuring all performance and reporting U requirements Date M&C: C-28755 Name: 1l Date approved: 6/26/18 Title:' Form 1295: 2018-358730 Design Procurement Agreement for Public Water Line Extension P g®IrLML WORD Ware Vista#1,LLC 'Y"�WOlff"r � EXHIBIT A d € y w o ' ■ g&g: I� ■ _rte �-�- moi " ' t i • �* + " .++ � -, Design Procurement Agreement for Public Water Line Extension Page 11 of 25 Ware Vista#1,LLC EXHIBIT B APacheco Koch July 25,2018(Revised) PK No.: 0100 Mr.Cotton Wright VISTA PROPERTY COMPANY,LLC 8350 North Central Expressway,Suite 1275 Dallas,Texas 75206 Re: Professional Civl Engineering R Land Surveying Services SOUTHGATE WATER LINE Off-site Water Lines Fort Worth.Tarrant County,Texas Dear Mr.Wright: Poc heco Koch Consulting Engineers,Inc.is pleased to submit this proposal to provide professional civil engineering and land surveying services relating to the referenced project. It is our understanding the project consists of approximately 13.500 linear feet of 12-hath to 24-inch water line in the general vicinity of Interstate 35W and Rendon Crowley Road on the south side of Fort Worth for the Southgate Development. 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: Engineering Services PUBLIC WATER MAIN EXTENSION: Pacheco Koch will prepare pians and details for the extension of an existing public water main as required to serve the proposed development.These plans will include proposed meters,fire hydrants,mains,and services and will be prepared in accordance with standard City requirements. Included in this item_ • Coordination of City review and approval of plans prepared as part of this item. • One fl)revision to the pion to reflect site plan changes as a result of Owner or Architect comments. Additiona!changes will be made on an hourly rate basis-Profiles,if required. Not included in this item: • Private water improvements. did/ConsUuction Phase Services BID PHASE SERVICES-PUBLIC BPD$City of Fort Worth Funded Line Searnentsi.During the Bid Phase, Pacheco Koch will be available to provide coordination as required with prospective bidders_ After the bid opening, Bid Tabulation of the bids received will be provided to the Owner. A written recommendation regarding award of the construction contract will be provided to the Owner after a review of the apparent low bidder's qualifications and references. BID PHASE SERVICES - PRIVATE BID $Southgate Develooment Funded Line Seaments): During the Bid Phase,Pacheco Koch will be available to provide coordination as required with prospective bidders,respond to requests for information, attend bid opening and prepare a bid tabulation and letter of recommendation_ 6100 Western Pose Satire IODI roll WOM Tx 76107-4654 817.+172.7155 pwe.com Design Procurement Agreement for Public Water Line Extension Page 12 of 25 Ware Vista#1,LLC Mr.Cotton Wright July 23,2018(Revised) Page 2 CONSTRUCTION ADMINISTRATION. Pacheco Koch wit be available to attend up to sic (6) project coordination meetings{including conference cans)during construction. Meetings could include: • Pre-Bid Conference • Pre-Construction Conference • Substantial Completion Walk-Through • Final Completion Walk-Through. • Visits to the construction-site to monitor progress of the construction and to check for general compliance with the construction documents. This shall not be construed as performing continuous construction inspection. Pacheco Koch will also be available to review submittals from the Contractor that are required for this project and related to the &YR site improvements. Those submittals could include Contractor's Application for Partial Payment and Final Payment,shop drawings,product data,moi design,etc. Submittals not required by the contract documents or not related to civil site improvements will not be reviewed. Please note the following: • Pacheco Koch shall not at any time supervise or have authority over any Contractor work or jobsite management procedures,nor shall Pacheco Koch have authority over or be responsible for the means and methods,or procedures of construction selected or used by the Contractor. • Pacheco Koch neither guarantees the performance of the Contractor nor assumes responsibility for the Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. • Pacheco Koch shall not provide or have any responsibility for surety bonding or insurance-related advice,recommendations,counseling,or research,or enforcement of construction insurance or surety bonding requirements. • Pacheco Koch shall not be responsible for the acts or omissions of the Contractor or for any decision or interpretation of the Contract documents made by the Contractor. • While at the Site,Pacheco Koch's employees and representatives shall comply with the specific applicable requirements of the Contractors and Owners safety programs of which Pacheco Koch has been informed in writing Surveying Special Services(It Requested) TOPOGRAPHIC SURVEY:Pacheco Koch will perforin an on the ground survey of the water main alignments under the direct supervision of a Registered Professional Land Surveyor. Included in this item: • Location of permanent improvements on, and immediately adjacent to, the alignments. • Cross sections on a 50-foot interval. • Locations,common name and trunk diameter of trees over 8-inches in caliper or the outline of heavily wooded areas. • Location of visible utilities and appurtenances. • Location and saes of underground utilities based on available record information. • Graphical depiction of site boundaries adjacent to the survey area based upon the current deed or plat. It the site is platted,we will graphicafly show easements defined on the plat This depiction is approArnate and the work does not include boundary research or review of found monumentation. Design Procurement Agreement for Public Water Line Extension Page 13 of 25 Ware Vista#1,LLC Mr.Colton Wright July 25,2018(Revised) Page 3 Not included in this item_ • Species names of trees. • Trees less than 8-inches in diameter_ • Tree locations and identification in heavily wooded areas. • Boundary surveying. • Research or review of easements that may affect the subject tract. • Subsurface utility engineering services. • Location of inigation control valves_ EASEMENT DOCUMENTS:Based on o boundary survey of the site prepared by our office, Pacheco Koch will prepare separate instrument dedication documents for water,sanitary sewer,storm sewer,drainage and/or utility easements required as a part of development of the site_ Included in this item: • Dedication statements,survey exhibits and metes and bounds descriptions for each easement. • Coordination with City staff for review and approval of each easement. Not included in this item. • Coordination with property owners. • Monumentation of easement comers. Engineering Special Services(It Requested) SUBSURFACE UTILITY ENGINEERING(S.U.E.)SERVICES,Pacheco Koch will provide Subsurface Utility Engineering(S.U.E.)Services through the use of a qualified sub-consuttant.The S.U.E. will be performed to ASCE standard guidelines (ASCE 38-02).The deliverables for this project will be electronic ties only in AutoCAD format.All Right-of-Entry Coordination is to be provided by client.Non-Routing Traffic Control Measures are not included in the scope of services.As described in the publication,four levels have been established fo describe the quality of utility location and attribute information used on plans.The four quality levels are as follows: • Quality Level D(OL"D")-Information derived from existing utility records: • Quality Level C (OL-C-) - OU'D" information supplemented with information obtained by surveying visible above-Wound utility featu•es such as valves, hydrants,meters,manhole covers,etc. • QuaNy Level B IQL"B")-Two-dimensional K y)information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating"this quality level provides the horizontal position of subsurface utilities witNn approximately one foot. • Quality Level A (OL"A")-Three dimensional (x, y,z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying.Also known as"locating",this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. Pacheco Koch will provide Subsurface Utility Engineering(S U.E)Services through the use or a qualified sub-consultant.Levels A and B S.U.E,as determined by the CONSULTANT,will be performed to ASCE standard guidelines(ASCE 38-02).The defnre+abies for this project will be electronic files only in AutoCAD format. Aft Right-of-Entry Coordination is to be provided by OWNER.Non-Routing Traffic Control Measures are not included in the scope of services. Design Procurement Agreement for Public Water Line Extension Page 14 of 25 Ware Vista#1,LLC Mr.Cotton Wright July 25,2010(Revised) Page 4 STORM WATER POLLUTION PREVENTION PLAN:Pacheco Koch will prepare a Storm Water Pollution Prevention Plan for construction activities in the project area including an Erosion Control Plan,instructions to the Contractor and Contractor's Checklists. Included in this Bern: • Coordination of City review and approval of plans prepared as part of this item. • One(1)revision to the pian to reflect site plan changes as a result of Owner or Architect comments. Additional changes will be made on an hourly rate basis. Not included in this item: • Review and determination of any listed endangered or threatened species or designated critical habitats in the project area. • Construction administration;or monitoring of contract activities during construction. • Assistance to the Owner and to the Contractor in ti3iag the required Notice of Intent (NOQ and the Notice of Termination (NOT) fora for the proposed construction activities. PROJECT COORDINATION:Pacheco Koch will be available to attend up to four(4)project meetings(including conference calls)and to coordinate with the Owner,members of the Design Team,City Staff,the Contractor,etc. TxDOT COORDINATION:Pacheco Koch will coordinate with the Owner,other members of the Design Team. City staff and the Texas Department of Transportation fTxDOT) as normally required to receive TxDOT approval of the proposed water main crossings within the TxDOT right-of-way. PREPARATION OF CFA DOCUMENTS:Pacheco Koch will prepare and coordinate approval of CFA documents with the City of Fort Worth for the proposed improvements, which include a water main extension. RECORD DRAWINGS:Based or.project construction records,maintained and provided by the Contractor.Pacheco Koch will prepare final Record Drawings of the referenced project in conforrrance with City requirements.These drawings will rely solely on the information provided by the Contractor. Field verification of actual construction is not included in this item. In the event the Contractor claims no changes were made to the plans during construction, Contractor wit provide a letter on their letterhead positively stating that all construction was done per the construction documents. Based on our understanding of the scope of services,the following items ale not included in this proposal: 1. Geotechnicai investigation 10. Detailed layout of walls and hordscape 2. Environmental investigation areas,including scoring patterns. 3_ Wetlands determination and permitting 1 i..Dedications of easements andlor right- 4. Preliminary and final platting of-way by separate instrument 5. Site Plan layout 12. Landscape Plan and Irrigation Flan & Demolition Plan 13.Site Lighting Plan 7. Coordination of gas,electric,telephone 14.Signoge Plan and cable television service 15.Construction staking B. Retaining wall design 9. Design of screening walls, light pole bases, transformer or generator pads, hardscope features, pavers and/or site signage. Design Procurement Agreement for Public Water Line Extension Page 15 of 25 Ware Vista#1,LLC 6Yrgh' J.y 24 2018 ;Rey'Led) Faze SCHEDULE eo:_h 1;r.a,4l dg, The Irt'p. aT__ to Vfzta =rcce-.y Cor cavy L-- c !r,�- prcje- and agree_ io ru-t'orh sae p,ot-ss:onol a rc.,15 tc perfo- d, and-r the P.gr-c: entinarar_; ori �tv�twthih. .�-hedtih T,ta=ro, ct'yuo. -LC-ndlestands. however.inat Kochs p rfo marjce - ist ce gcv_!!"ed dy.c::rd c ce-iora 11. through rc foj+ of Fach_c_, �-ch ce-od.,c`ti-e_ yr da'es a,e cha-ged of i-s c d-•ly and curlirucus p•:ogre=_ Koch v ces arc del-oyea cr siusDend'ed th_rr the :ime of -ac!'re-a o-7 tI a rotes and a _un`s of a ray, K.oc ,s coo .en,a:ic , -all ce ad usied e:gurat y, regs,estea. v'(c,.Icl Cc pemed .v aeve_-.vim a p-u,ev* ule cU`li-'r�g e0C� of the . irl:ud a ev y de _ri:ed in the Scope t COMPENSATION Pa_".eco racn procoses to p"ovioe`he cervices oescrteed ahcve an a Fixed Fee cosis`or o total -ee.ex I i-.ive of di ect -, ,Gu:✓ble as folc:w= CITY OF FORT WORTH FUNDED LINE SEGMENTS Engineering Services FUNALDE.tiGN S,100 CIC:ji, TOTAL 5110,090.00 Bid.,'Consfruchon Fhase Services B,D FH,ASE SEF'd(CE�, -FUBLI`C B' c 5 040C.0C _.:='NST?;it:rON ADM 1Ni�TF,A.T,Cil S 5 C^r11C.0C TOTAL 5 11900.00 Surveying Special Services(If Requested) TCF,%^-.F:AFH?C SUF VEY" EA `JENTC;:)CU".Eli'TS 'T'r C EMENT. 110'gc i S _._'O eo ti x :Y,y ri_ ':,G U5'aci Enginee=ring Special Services(it Requested) Ua'Llrr -c UTii Trc.!t: EE,R.'P1G ii..LI.E 1rF.'ti rES ,3 LEVEL B 3!OFV VVA TEF r.Lel it-);f FFE4,Er T,_,i..FL,4is TE'-07= Ti ON t _ C.-iC F'FEFAE'ATt_,V uF FA.DC•:r MENTs t 5:v{.LS SOUTHGATE DEVELOPMENT FUNDED LINE SEGMENTS Engineering Services FINALC'Far' r S 3i.' aC. 0 TOTAL S .38 900.013 Bid Construction Fhrase Services B'_"FHA:iE SEF,4- S-FF`%,`ATE ECS 1 CC C .E)A,1!.Ni Tr ATCN' ? 1.',Ori; TOTAL 5 2 700.0iii Design Procurement Agreement for Public Water Line Extension Page 16 of 25 Ware Vista#1,LLC Mr.Colton Wright July 25,2018(Revised) Page 6 Surveying Special Services(If Requested) TOPOGRAPHIC SURVEY $ 12,400.00 EASEMENT DOCUMENTS SOUTHGATE EASEMENTS(2 9$2,S00.00 each) $ 5,000.w(plus tax) Engineering Special Services(B Requested) SUBSURFACE UTILffy ENGINEERING(S-U.E.)SERVICES I LEVEL A @$1,373.00 each 1 LEVEL B @$1,045.00 each $ 2.420.00 STORM WATER POLLUTION PREVENTION PLAN $ 2,000.00 PROJECT COORDINA TION $ 1,500.00 TxDOT COORDINATION $ 1,000.00 PREPARATION OF CFA DOCUMENTS $ 2,000.00 RECORD DRAWINGS $ 1,500.00 *Please note that boundary surveying and related services are subject to state and local sales fax_ Unless specifically stated otherwise,sales tax is not included in the fees above and will be added when these services are'invoiced_ Please note that the fees above are based on the assumption that Pacheco Koch will perform the above services all together for this project. In the event any item is deleted from the scope of work Pacheco Koch reserves the right to adjust the fees for other items as appropriate. 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 beer,executed,said proposal should no longer be valid. Pacheco Koch Consutting Engineers,Inc.is pleased to have this opportunity to submitthis proposal and took 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 wniing 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 Eike any additional.information,please do not hesitate to call us at your convenience. Sincerely, �'Ae Brian D.O'Neil,P.E.,CFM BDO/smo 01-1660385 Design Procurement Agreement for Public Water Line Extension Page 17 of 25 Ware Vista#1,LLC �� � �% �A ,� �' *-. 4 '� ' �+� F i — _ �,; � ,,�� . � .. -- . F' � f I � � �} } i � L F � - � .� ��.r' -±'s. i. y ' , 4 � - . � � r — �- �^� • fir= * � � �� �. r + � �r� ar ■- � • —, s t - � _. ' � � -� � _ }, r�+=! - � � t �� r �- �� � , ' _� , 1 � i � � � � Pacheco Koch SCHEDULE OF STANDARD HOURLY BILLING RATES ;jUr ' u-'y'site_0e sj h�--Ct t_c'lcnge ar isms.; ENGINEERING SURVEYING Pnrlci:_aL.. ..... ....... .... - $-YS.CC,-•. r'rC ca3 _ $ 25.0C1 �. A»v;=1a C P rr.f.-- al ... ..... ._.. 21;.7 per-r. :rrr,vfpai. ...... C,'recto __ __.. _..- $zC'_t.Grj'" ..r-o, - Seric,P,ojec—Marage, . $1 6rl-r San ae Prclec;t F.";eraser..... ,;'SG.00/ se--ie' -..f CC vo. rfat="... ......$; Project Manog-r _- _- V:3 C^'! Rrojec'Manage-- Project r-,^-dra`:,r... _._ _ $ __t.C!;l-r. "r-o-jevtCoo"J:rO40' _... 2C.X!- P'Cjes _gree., ... Zr7jec':Surveys, _.. .. .... SC5.3c!r ce,ri- . _ .> a.-_ i.!a r: r ___ .__ __ `_fowl-r. �Grv>r,rL"te'r.. TeChrlf:ar -=,`.'I^..r-C.f3'f... ....... __.. CC.Xi"" ....... ..... ....... ...... ...... 7Jr.Gs' "r. ��-_."i:'I.7r.... .-.... ....... .,...... ..FG.i��`.. Rsear..- "A 3ras=,'.._ .._ ?���.C�!`r. "ra=*_r. ¢ t(;r-• kesea'chY3raser _... _ SK.X/-' Ex c.+ ve gsi ar'...... t'`.C.�;- . _v •: 'ca:Ass sta-'. se-ic,Har iris--a:ve :tart.. Ad-m tr.a.v Me_s'.-t _ r erf u..'.d i.fstrot;v-e AS-;,'art .. C'-JCl- Adr,r!. •a'• e A ,;.-err... iC C; LANDSCAPE ARCHITECTURE °x.w='t'a'titress?estin c.m F'1fl�fG�3�_. ._ ..., .___ _ __cf.;-�l-.". r_:rV e Fie 1, s or L;' Fieb, ' �,.c.-# " 2 C_v:,'-r. ='yrveY Fi ;,7 C•eVa 03--pc•... etec. P.•+oraac uCG•-,r� ='�rvey Fefa r� I' �- _ t SC.jc!-. Sury=,_ annex Crest :'-p -rsor�: e 7 OC? P'Ojec' _3-05Cape -�-rvey Scar;rer Cr ,. -F-rs_:r,i are•. 375,' ,. raev`;:ar,rerC.e..' p,ers•vri K Se-icl Adrriris-'o-'.e Assissarr 33-j,C_j! A.'i-m--trotive S7 'A___ C-3_.e __ e 1C•_1 -.._-Y^, ,r 'C-4-4 81'4• _e Design Procurement Agreement for Public Water Line Extension Page 19 of 25 Ware Vista#1,LLC Pacheco Koch STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES tFa+a.a-e e�hjec±f�:c�crgr at�ry i;r•-�.� Pep,-,d,-.,.--fio:i. E.oc Line 5c--a ='r'..... E•ac. Line Ve I,-- Bac, „- - rtnfs Colo,5o-•a Cole•=r n' A URl rURI-t-k.s ... _.. _. ..... .25.',. NI fu ^d . ` Tvvel[xG= ses er Od-.r i-cdg r,,g,Wea,-. ._ j, 25. J,'Day1= reti 05 x'70_ Design Procurement Agreement for Public Water Line Extension Page 20 of 25 Ware Vista#1,LLC AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Southgate wafer line,Oft-Sae water L'stes Fort Worth,Tarrant County,Texaa PK No: 0100 This Agreement it ride between.Pacheco Koch ConsuUng Engineers,Inc-a Texas corporation,(nereinoftertefened to as"PKCE-)whose mailing adores is aIOO western Puce,Suite 1001,Fort Worin,Texas 76107,and Vista Property Company.LLC,(here)n tivr refenea to as-CL6tT').,whose mailing address is 8350 North Central Expressway,Strife 1275,Dallas,Texas 75206,and is subject to the following term and commons to which me panes mutually agree: ARTICLE 7-SCOPE OF SERVICES 1.1 in consideration of the mutual covenants contained herein,PKCE snail perform the services identified in letter of proposal dated July 25, 2018,which is mode a part hereof,in accordance with tine terms of itm Agreement. 1.2 PKCE wio Commence me services upon receipt of an executed copy of trm Agreement signed by an aomorsted representative of the CLIEW and by on aulhofZ representative of PKCE. 1.3 PKCE shad not be responsible fora cuemrs directive or substitution mace without PKCES agreement and which agreement shad not be tx4easonobly wwittneld. ARTICLE 2-AMENDMENTS 2A CUBdr,without invalidating this Agreement,may request chang*s within Late genera scope of me Service required by this Agreement Dy onetng or Coding to me Services to be performed,dna arty such changes in the services shoo be performed subject to ms Agreement. upon receiving me CUBNrs request,PKCE shoo return to CuE147 a wwhten change proposal setting form an adjustment to the services aux cost estimated by PKCE to represent the value of the requested changes.Following CUENrs review of PKCE's change proposal,CLIEM shot execute sola'written proposal ouRnori ing PKCE to perform the charges in The Services. ARTICLE 3-PROJECT COSTS AND PAYMENT 3.1 PKCE snag be campenseted,in US.Dollars,in accordance with the a!ore re`erenced letter of pruposd and any subsequent executed amehaments to said proposal. 3.2 Uniess otrmwise noted,direct costs such as application fees,review fees,bueprinfing,reproductions,ae4very fees,etc.ore not included in the fees above aha will be charged at cost fines a muitipiier of mo. 3.3 Sta*e and loco sales tax shoo also be considered a direct cost when app4Gadte and will be enorged ct cast. Please note mat professional boundary surveying services cre subject to state roles tax. 3.4 PKCE win submit or invoice to CLIENT at the eno of each month,on an hourly rate bosis or based on the estimated percentage of completion of the services as shpooied in the propria,uxwess otherwat specified by the CLIENT in writing and agreed upon by PKCE. 3.5 Pdyritent trop be made by CLIEtir wfmin 30 days after receipt of the invoice_ 3.6 PKCE snail be compensated by CUBIT for services rendered regardless at wh emer or not any impending sale of rhe subject property lS firdined. 3.7 CLIENT shall provide written notification to PKCe within 15 days of receipt of me invoice snoud CUEal object to oA orany partof crnnges appearing on the invoice.The portion of the invoice MCI is not in dispute 9,411 be paid by C UENT within 30 days of receipt of said ihvoice. 3.8 R'p-gm action is necessay to enforce payrneit provision of 1riS Agmen*,O PKCE s'cI De erfred to Coxed tom CUENT a'ty judgment Or serxement Sums Cue,reasonable attorneys'fees,court costs and expenses incurred by PKCE in connection therewith. 3.4 A finance charge of I_%C%per month will be paid by cusiT for ori non-rasputed invoices aper 30 days. 3.10 R CUBAT for any feasor fo;$to pay toe undisputed porton of any invoce wimin 30 days of prese-valio,%PKCE hos me right to cease wo K on me project ana CLIEUT sho waive any claim agoTrArt PKCE for cessation of serVices.and shot aefe-M and ndemn4y PKCE from and against any aaims for iriury,or loss siernnfirng from sad cessation of services. In me event me project is restar'ea,CUEt4T shall also pay the cost of restarEng and VICA renegotiate appropriate contract terms and conditions,suon as mdse associated with budget, swied./le or scope of service. ARTICLE 4-DELAYS AND TERMINATION 4.1 CLIEI1r orPKCE may terminate this Agreement upor forty-eight(48 j nouns wvrtten notice should the other porty fail subs1antk7y to perform in accol once with tree teams dna con7dlti0m of this Agreement through n0 louts of the terminating party-A complete seteemert of at claims upon such temllration of this Agreement aaR De made as fdtows:In me event of any terninadon PKCE Will be entitled to invoice cUEt4r and to receive foo payment for ou services performed or fumisnea in accordance wirn this Agteertert and Cts Re'trlbusaoe Expenses incurred through me effective Cate of termination.Upon malting such payment,CUENT sial;have the Amitea right to the use of DCCurnehts,at CUENT's sole ft,subject to the provisions,'fere within.in the even?tree services cannot be performed on or before the projected due date because of crcunKtonoes beyond the control of PKCE,naualilg, but not limited to strike,TME.fiat,excessive preciphri on,act of God,governmental action,thea parry action or action of omission by CL B17T,the ser.ices stab be a meroea by CLIEir and PKCE in accordance with Article 2 of Itis Agreement. 4.2 It me CLorfa suspends the Project,PKCE snan be compensated for services performed prior to notice of such suspension.when the Project is resumed.PKCE shall be compensated for expenses incurred in the interruption and resumption of PKCE's services. PKCE's fees for the remaining services dna the time scheaues shall be egtitobty odjusted. 4.3 tf the CUBIT Ausper is the Project for more man 40 cumulative days for reasons otirw iron the faun of PKCE,PKCE may teminaTe mea Agreement by giving not less than Seven(71 days',trine n notice 4.4 cuEuT's failure to muce payment to PKCE in accordance with tyre payment terns herein shat conothoe a material breach of this Agreement and shox be cause for termination by PKCE. ARTICLE S-RIGHT OF ENTRY 5.1 CUBIT shoo provde for PKCE's iig!lt to enter from fine to time,properly owned by CtJEtP and/or olners en order for PKCE to tuft the scope of services included hereunder A-1 Design Procurement Agreement for Public Water Line Extension Page 21 of 25 Ware Vista#1,LLC ARM IE i-mfowAnou PROVIDED BY OTHERS 6.1 PKCE shat indicate to CUENT the information needed for renaerkV of services nereuncer,aria CLIENT MN provide to PKCE such infomsafion as is avaiable to CLIBiT. CUENT reoagr duel That it is impossible for PKCE to assure me sufficiency Of such infomnri0n,either because itis impossible to do so,or because of errors or orissidns,which may hove occurred in assernbKng me information.CLEW shot be responsible for,and PKCE may very upon,the accuracy and completeness of as requirements,programs,iHtrtrctiorls,reports,Cara, and other information furastiea by CLIENT to PKCE pursuant to this Agreemem.PCC£may use wch requirements,programs,instructions, reports.data,and information in pedorming or furnishing services unser vis Agreement.Aocotrtingly,CUENf waives any claim against PKCE,and agrees to defend,indemnify and hold PKCE harmless from any Clain Or l aWhy for irguy or loss alegealy arisirng from errors, omissions,or inaccuracies in documents or other Wormatiot provided to PKCE by CLIENT. Further,CLR'Nr agrees to compensate FKCE For any time spent or expenses incurred by PKCE in defense of any such claim,with won compensation to be based upon PKCE's prevoiing fee schedule aro expense reimbursement policy. 62 Subject to the slanaara of core set fortn here within,PKCE and its Cormclards may use or rely upon design elements and infor nalion orairnMby ar custarwriry finished by others,irndvdirig. but not united to.speciaroy,convactas, manulaotuers,supptfers,and the publishers of tecrinica standards. ARTICLE 7-CONSTRUCTION ACTIVITIES 7.1 CLIEW,agrees trot tie General Contractor is sdety responsible for job site safety and for constriction means,methods.Sequence, techniques and procedures necessary for perfanning,superinwridirg aralor coordination all construction ocfwties 43rd warrants that Ink intent Shall be mode evident in CLI&4T's oareement wim the Genera;Contractor. 72 Unsess OmeroAse required in IN3 Agreerient,PKCE shod Piave no responsibility for discovery,presence,ranting,removal or disposal of, or exposure of persons to,t=ardovs materials or toxic substances in any farm at the Project she. ARTICLE B-CONFIDENTIALITY 8.1 PKCE siO9 maintain as confiaentid.and not disclose to others without CLIEN"S prior mr4ten consent,ail information obtained from CLIEtr,not otherwise previously known to PKCE in the pubic dor Alin_ The prOvWOM of aril paragraph shill;not apply to information in whatever form wriich P)is published or comes into me public domain through no fault of PKCE,(i)is tlRnislied by or obtained tom d Third party who is under no oblgation to Keep tie intimation corftental,or P)is required to be disclosed by row on omw of a taut. administrative agency or other authority with properjurisoiction.PKCE soil notify CLIEW in writing immediarety if information is requested under item ft)above. PKCE snou Keep such information stridtry Confidential and shaft not disclose 0 to any other person except to(i)its ertlpioyees,ru)those who need to Know me content of Such information in ordeI to perform services or cohSlmlction solely and exckrsnetf for the Project,or ffl its COnsunorits and contractors whose contracts inowe similar restrictions on the use of confidential information. ARTICLE f-OWNERSHIP Of PLANS 9.1 chyof Fort Worm smog own Tie plans and other Qoctrmerts and wont product PKCE creates for ttre Red Cine.Client shall Own The plans Ora other documents aid work prooici PKCE creates for"Green lite. in tie evert this Agreement 6 terminated.Cmy snaN have ine tight to enter into an agreement Wim FKCE to compwte PKCE s services for tie Red Lute.. Gient snail ilciude the City's ownerstrp right it plans for the Zed Line and the City s right to erten into an agreement wim PKCE to complete tie tied Lite in Client's ogreemen> with the PKCE_ ARTICLE 10-JURISDICTION 10.1 In CornpNonce with Sec.29 or "Professional Land Surveying Act,as enacted try The Legislature of the State of Texas,we are required to inform you that lard Surveying services im tre State of Texas ate under mhe jsxisaicTion Of the Texas 3oara of Professional Land Surveying, 12100 Pan%93 Circle,Mg.A,bite 136.MC-230.AUs in.Texas 711753,1512)239.5269. Complaints regarding surveying services rendered may be aaanessea to that agency.Tine firm registration number is TSPt3 No_i 000800. 102 TNS Agreement is to be governed by Ti*Coxa Of the Store Of Texas. ARTICLE it-INDEMNITY 11.1 PKCE sndn indemnify and lac harmless CLIE11T kstn aro aganst lawsuits,claims,liabilities,ca uses of action,losses,damages,forfeitures, penalties,fines,costs and expenses,ir-a-vding,but not*sited to,masonaa a anomey's fee,aria ekperses,by whomever agserrec, inolvding,btn not xnitea to,any government agency or branch or any mia party to tie ex ent me sante ate caused by{i)a breach by PKCE of any Perm or provision of This Agreement,{N)violation by PKCE of federal,stale or local votute,rule.regulation or orairarce 'tri.the negigent performance of tie Services,or fu)negligent eras or orations of PKCE or its empwyees,agents,or subcorimcrors in the performance of the Ser.ices 112 To tree fetes?extert permitted by low,(--L^ENT snail indemnity and had rarm.ess PGCE and its officers,areclon,members,partners, agents,employees,and Consultants from and against any aid OT claims,oosrs,losses,and damages fxicluclirig but not limited to,at fees and ciorges of engineers,architects,attorneys aria orier professionals,and ON tour,arbitration,or other Cspute resohRion casts), by Whomeiver asserted,including,but not emitea to,any government gi-my,agency or branch,any third party,on employee,contractor employed or retalmea by PKCE,any third party or employee employed or relnrea by PKCE,to tie extent that such claim.property damage,injury or death Was caused by f)the negligence orwiifut msconduct of ciui or agent of CLIENT,(Y)vk9i:r on of federal, stare,orlocal statute,rue,regtMtion or ordinance DY CUFt,f or ogerw of CLlell,n CUENrs onegeo iriavemeni orsxmm as an ow ter. operator, arranger,generator or transporter of na oraous substances a constituents at the site,or ftv)incomplete or inaccurate information provided by CUENT to PKCE provided trial P)any such claim,cost,Ion,or damage is atnioutable to bodily iryury,sickness, disease,or(Seam,or to injury To or destruction Of Tangible property(other than the work Tref),including the loss of use maMing metefrorn. Old(N)trotting in this pa ragnoph sral obligate CLIt31T to iraer city any iaWsauei a entimy from and agairw me consequences of that e+dlviduors or entity's own negligence or sviihx rroconduet. 11.3 PKCE shoo incemtify,hold hortnuess and aekerc the City of con worth agdirut labtity for any damage caused by or resuming from or eat of negjgence,interihorta far,interlectual property infringement,or future to pay a subcontractor or supplier aomrrAtwed by The PKCE or PKCE s agent,consui1ant under contract,or another e+fty over witich PKCE exercises control. ARTBCLE 12-UMRA110N Of LIABILITY 12.1 Cu err,mrougn its autnoraea representative.identfied below.and PKCE.have discussed their Gists;rewards and benefits of the project and PKers totd tee for services. Neimer PKCE,nor trek consultants.agents,or employees shat be)oW".severally or individually lade To CUBIT in excess of ors hurdrea triotsand(3 100.000m1 by any act of omission,including breach of contract ornegligence not amounting to w7fa or intentional wrong. A-2 Design Procurement Agreement for Public Water Line Extension Page 22 of 25 Ware Vista#1,LLC 122 R,We to PKCE's error,any required item or component of the project is omitted from the construction documents,PICCE's liability sial be I1mlred to me difference beTween the cast of adding the Item of the time Of OscOvery of the o47assion and the cost had Tne item or component been deluded in ire construction documents.In no event will PKCE be responsible for any cast or expense That provides betterment.upgrade or ennoneement of the project. 129 CUENr and PKCE muluolry agree Mat PKCE's liability to CLIQIT for OR causes snarl be united to the proceeds from any insurwtce avaiable to PKCE ARTICLE 13-FIDUCIARY RESPONSIBILITY 19.1 CLIEM confirms That nelyner PKCE nor any Of PKCE's subConsunanrs or subcon?MClofs nisi offered any fpuciary seMce to the CLIEtr olid no fiduciary responsibirtysha0 be owed to she CUENT by PKCE or any of PKCE's subconsultants orsubYeonkoctors,as a consequence of PKCE's entering into the Agreement with the CLPFNT. 192 tl tris Agreement is a subcontract to CUEW*S agreement with OWNER,cu&47 alio confirms that neitrler PKCE nor any of PKCE's sub,cohsuttanrs owes a fiduciary responsibility to The CLIENT or OWNER.CUENT srol,as a material wement of It*consideration the CormAtont requires petforrnance of ire senAces enumeratea herein,require OW*4a to formaity recognim this provision in CLIEMri agreement with OvoRR. ARTICLE 14-INSURANCE 14.1 PKCE represe-ft that t now carries ars will bontlnue flaring me terms of this Agreement to carry Workers Compensation,Comprehensive Genneldt LiOb#?y and Cartpxenens7ve Automobile Liability invurance required by the tam of the State of Tetras.A cUnfenr PKCE irdulance Cenificmte wit are provided to"se CLIENT,if requested. 14-2 PFCE shat lilt Me City of Fort W ortn as an addition insured. ARTICLE 76-ASSIGNMENT 15.1 Unless otneraise noted,neither PKCE nor CLOIT shat assign M. Agreement in whole or in part without Me prior written consent of both parries.PKCE shat not subcontract any portion of Me wont to be perior rIed hereunder,except Mat PKCE may use me services of persons and entries not in me employ of PKCE when it is appropriate wid customary to do so. such persons and entities itahlde,anti ore not necessarily limited to,surveyor.specktized corsuttants.dna testing laboratories. PKCE's use of others fix ddditiom services shat not be unreasonol y restricted by CLIEW provided PKCE notifies CLIENT in advance. 152 PKCE may,at their d screfxxn,cosign this contract to a subsidiiary of PKCE PKCE shad notify CUDIT of their assignment at such time it taxes place. ARTICLE lir-NOTICES 16.1 Any notice over. rereuraw shag be deemed served when hand-aelivereo in writing to an officer or Diner MAY appointed representative of the parry to whom Me nonce is diectea,or if sent by regrstereo or cem6ed ma4 or by a commercial courier service to the business address iaertfied air ire end of me Agreement.All notices nal be effective upon Me date Of receipt. ARTICLE 17-STANDARD OF CARE 17.1 The standard of care for a'professiDra engineering and re.Otec services performed or fumisned by PKCE unaer Mit Agreement will be Me care a no skill ordinarily urea by members of the subject profession practicing under similar circumstances at The some time and in the same locaftry. PKCE makes ho wo=ntles,express or implied,urger trisAgreement or otherwise,it cenrwrtiarn with PKCE s se-rces. ARTICLE 16-OTHER PROVISIONS 18.1 TI`e Agreement fincwdtV anacnea schedules)consttutes the sd>e and entire agreement beraeer PKCE and CUEIlT.This Agreemert replaces and sLpersedes at prior discs/ssions and agreements DetNeer the CLIEIIr and PKCE nMM respect to The ma-ters contained herein.This Agreement trap ortty be amended,supplemented,mod4ea,cr tante ea by a duty executed written inifnirnent signed by QOM CLIENT aro PKCE. 15-2 Any signature of or pumlant to this Agreement,sra:be considered for at purposes an origins signature and of me same°ega;effect as an atigstai,provided rnat at the request of a pony any signature sent by facsirnlle or email sial be subsequenry Confirmed by or original r"xec union. 183 All express representations,waivers,indemnifications,Ona 6Titatiom of Satbky inc Udea in this AgreemeM wig survive Its completion or tenninaTion for any reason:. IaA Any provision or part of tt+e Agreement ne!a to be void or Unerforceot*u nOer any Laws or Reg"AMS Rad De aeemea stiio&e I.o'a all remaining provisiors stiW eontmue to D®valid ar,d bindirg upon CUENT and PKCE,which agree that the Agreeme'it snaf be refcamed to replace such micilen provision or pat Thereof wiM a valid and enforceable provision Mat comes as dose as possrote to expressing the intervion of The sftKer provision. Ia.$ CLIENT shall not try in any way on dry Document L-xess it is issued in firm form,signed or sea.ea by PKCE or one of its Consurants. 16.6 A party's nonehfarcemenf of any provision shat not constitute a waiver of that provision,nor srtas R affect the enforceabiiry,of Mat provision or of the remaincer of Mis Agreement. 1a7 To the ltllllst extern permitted by law,at causes of action arising under the Agreement snot be deemed to nave occruea,and at star ueary periods of tirnitdtion sho,commerce,no,,gree mart the date of substantia Completion. By executing this ogreertient,PKCE and CLIEIiT inciowe their acceplonce and agreement win its terms. Vista Property Company,LLC Pacheco Koc onsut' Engineers,Inc. 8Y- By Name, Name- fames A och, P.E,R.P.LS. Title: Title: Vice Prezi nt Date: Dafe: July 2S,2018 A-9 Design Procurement Agreement for Public Water Line Extension Page 23 of 25 Ware Vista#1,LLC EXHIBIT C 1.01 Duty to Acquire and Maintain. Developer shall ensure that a policy or policies of insurance are procured and maintained at all times, in full force and effect,to provide coverage of the types and amounts specified herein, naming the City as an additional insured as set forth herein, and covering all public risks related to this Agreement. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. 1.02 Types and Amounts of Coverage Required a. Commercial General Liability: (1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (i)Premises Liability;(ii) independent contractors;(iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage b. Property Damage Liability: (1) $1,000,000.00 per occurrence C. Umbrella Policy (1) $5,000,000.00 d. Environmental Impairment Liability (EIL) &/or Pollution Liability (1) $2,000,000 per occurrence (2) $5,000,000 aggregate e. Automobile Liability: (1) $1,000,000.00 Each accident on a combined single-limit basis f. Worker's Compensation: (1) As required by law g. Employer's Liability: (1) $1,000,000.00 per accident 1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager,the City may at any time revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ten (10) days of receipt of written notice from the City, all such revisions requested by the City will be implemented. The policy or policies of Design Procurement Agreement for Public Water Line Extension Page 24 of 25 Ware Vista#1,LLC insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal, or amendment, shall be made without thirty (30)days' prior written notice to the City. 1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do business in the State of Texas. Except for workers' compensation, all insurers must 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. If the rating is below that required, prior written approval of the City's Risk Management Division is required. Within ten(10)business days following execution of this License,Developer shall ensure that City is furnished with certificates of insurance signed by the respective companies as proof that the types and amounts of insurance coverage required herein have been obtained. In addition, Developer shall, on demand,provide the City with evidence that it has maintained such coverage in full force and effect. 1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this License shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an Additional Insured on the Automobile and Commercial General Liability policies. 1.09 Waiver of Subro ag tion. The insurance shall include a waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms,conditions,limitations, or exclusions in order to comply with the requirements of this Agreement except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 1.11 Certificate of Insurance. Developer shall submit to the City a certificate of insurance evidencing all required insurance coverage and any applicable endorsements. Design Procurement Agreement for Public Water Line Extension Page 25 of 25 Ware Vista#1,LLC CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-358730 Ware Vista#1,LLC Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 0512412018 being filed. City of Fort Worth Date r d e : - 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 101541 Southgate's Off-Site Water Improvements Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary keh� �c 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is S• T. 14`,r 1 f4 0 1 V and my date of birth is ''a 3 — My address is 391 U G;1)oh A v?, DO-16--s TX -7S-?y,S U5A (street) (eitY) (state) (zip coda) (—nirY) 1 declare under penalty of perjury that the foregoing is true and correct. ,v C Executed in U 1 a; County, State of r n on the : day of 20_!X_ ( ) (year) Sig ature of auttforized agen f contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORTIll COUNCIL ACTION: Approved on 6/26/2018 REFERENCE ** 60SOUTHGATE DESIGN DATE: 6/26/2018 NO.: C-28755 LOG NAME: PROCUREMENT AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Design Procurement Agreement with Ware Vista #1, L.L.C., in the Amount of$276,580.00, with City Participation in the Amount of$210,060.00 for the Engineering Design of Twelve Inch to Twenty-Four Inch Water Mains in the Vicinity of Interstate Highway 35W and Famer Road 1187 Rendon Crowley Road for Future Growth in South Fort Worth and for the Southgate Marketplace Development (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Design Procurement Agreement with Ware Vista#1, L.L.C., in the Amount of$276,580.00, with City Participation in the Amount of $210,060.00 for the Engineering Design of 12-inch to 24-inch Water Mains in the vicinity of Interstate 35-W and FM-1187 Rendon Crowley Road for future growth in South Fort Worth and for the Southgate Marketplace Development. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is for the City to participate with Ware Vista #1, L.L.C. ("Developer") in the engineering design cost of 12-inch to 24-inch water mains near the southeast corner of 1-35W and FM 1187. The Developer is designing and constructing the Southgate Marketplace development ("Project") at the SE Corner of Interstate 35W and FM 1187 Rendon Crowley Road. The Developer has retained Pacheco Koch as the engineering design consultant for the off-site water main needed for the Developer's Project. Staff has asked the Developer to expand the scope of the design to include 12-inch to 24-inch water mains that will provide additional water needed for future growth in South Fort Worth. The estimated fee for the City's portion of the engineering design, topographic survey, easement documentation preparation, Subsurface Utility Exploration (SUE), construction documents and public bid service is $210,060.00. The engineering design will be reviewed through the City's Infrastructure Plan Review process. Staff concurs that the fees charged by Pacheco Koch are fair and reasonable for the work to be performed and for the expected final work product. Cost Sharing Breakdown I- Ware Vista #1 LLC Participation $ 66,520.00 City of Fort Worth Participation $ 210,060.00 Total Engineering Design Cost $ 276,580.00 In additional to the amount of$210,060.00 needed for the design agreement, $604,100.00 is required for property acquisition, permit coordination and staff costs for a total cost of$814,160.00. Upon completion of design, an M&C will be submitted to the City Council for approval of a Community Facilities Agreement with City Participation for the City's share of the construction cost. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25934&councildate=6/26/2018 8/7/2018 I M&C Review Page 2 of 2 This project is located in COUNCIL DISTRICT 6, Mapsco 119J, 119K, 119P and 119 L. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as appropriated, of the Water/Sewer Bond 2017A Fund. The Major Mains Programmable Project P00002 includes an appropriation of$9,954,000.00 for the Water main capital projects. After the funding of this M& C, the amount of$8,628,625.00 of the appropriation will be available to fund future individual projects. TO Fund Department Account Project Program I Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: Wendy Chi-Babulal (8242) ATTACHMENTS 60SOUTHGATE DESIGN PROCUREMENT AGREE Exhibit.pdf Form 1295.pdf Location Mappdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25934&councildate=6/26/2018 8/7/2018