HomeMy WebLinkAboutContract 52214 CITY SECRETARY
CONTRACT NO. Sokol
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Pacheco Koch Consulting Engineers, Inc., authorized to do
business in Texas, ("ENGINEER"), for a PROJECT generally described as: Bunche Park
Phase II.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to $48,500.00 as set forth
in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be
for a term beginning upon the effective date, as described below, and shall continue
until the expiration of the funds or completion of the subject matter contemplated
herein, whichever occurs first.
Article III
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 D to this
AGREEMENT, to reasonably substantiate the invoices.
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(2) The ENGINEER will issue monthly invoices for all work performed under this
peR2 oR AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
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CITY SECRETARY
FT. WORTH,TX
(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 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
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill
and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
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actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
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 ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY'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 this 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.
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Revised Date:11,17,17
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(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
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality
of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT
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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
In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article
X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as
amended), the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Engineer acknowledges the
MBE and SBE goals established for this contract and its accepted written
commitment to MBE and SBE participation. Any misrepresentation of facts (other
than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
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.
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Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
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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 additional insured with all rights of
defense 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 or endorsements that would alter or nullify-
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless the CITY specifically 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 — ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
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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 — 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 attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional Insured
thereon, subject to any defense provided by the policy, 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 attach the required insurance documentation
hereto 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.
f. Insurers for all policies must be authorized to do business in the State of Texas
and have a minimum rating of A:V or greater, in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and solvency to
the satisfaction of Risk Management.
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Revised Date:11.17.17
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g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY in
writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole
discretion, may consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of
credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense, to
review the ENGINEER's insurance policies including endorsements thereto
and, at the CITY's discretion; the ENGINEER may be required to provide proof
of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or prior to the date
of the contractual agreement. The certificate of insurance shall state both the
retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the PROJECT until final payment and termination of
any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required by
the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY. The doctrine of
respondeat superior shall not apply.
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Revised Date:11.17.17
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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 D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
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Revised Date:11.17.17
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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 D.
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
City of Fort Worth,Texas
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damage or liability related to the presence of 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 for 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-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. 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 may secure Builders Risk/Installation insurance 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.
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Revised Date:11.17.17
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(3) The CITY will specify that the Builders Risk/installation insurance shall 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
Amendments to Article VI, if any, are included in Attachment C.
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.
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Revised Date:11,17.17
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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.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the nonperforming
party does not commence correction of such nonperformance within 5
days' written notice or thereafter fails to diligently complete the correction.
(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, plans, 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
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In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against liability for
any damage committed by the ENGINEER or ENGINEER's agent, consultant
under contract, or another entity over which the ENGINEER exercises
control to the extent that the damage is caused by or resulting from an act
of negligence, intentional tort, intellectual property infringement, or failure
to pay a subcontractor or supplier. CITY is entitled to recover its reasonable
attorney's fees in proportion to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. 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.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive
termination of this AGREEMENT for any cause.
J. 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 governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against 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.
K. Immigration Nationality Act
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Revised Date:11.17.17
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ENGINEER shall verify the identity and employment eligibility of its employees
who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall
provide CITY with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement.
ENGINEER 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 ENGINEER employee who is not legally eligible to perform such services.
ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice
to ENGINEER, shall have the right to immediately terminate this Agreement for
violations of this provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, 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, ENGINEER
certifies that ENGINEER'S signature provides written verification to the
CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the same
instrument. The following attachments and schedules are hereby made a part of this
AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11,17.17
Page 15 of 16
Duly executed by each party's designated representative to be effective on the date subscribed
by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
/! Pacheco Koch Consulting Engineers, Inc.
Fernando Costa
Assistant City Manager Mark A. Pacheco, P.E., R.P.L.S.
President
Date: 44//P
Date: 04/01/2019
AP)irector,
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By:
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Park & Recreation
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.
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City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 16 of 16 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Attachment 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:
Planning Services
SUBMITTALS& COORDINATION MEETINGS:A Landscape Architect from Pacheco Koch will
attend meetings and or presentations to coordinate with other team members and the
owner during the design and construction phase. Plans and specifications will be submitted
as outlined for Owner and/or governmental review.
Included in this item:
■ Up to two (2)team coordination meetings during the design phase of the project.
■ Official plan review submittals as follows:
• Three (3) plan review submittals during the Construction Document phase of
work.
• One (1) "For Construction"set of drawings.
Pacheco Koch will provide/perform the following Construction Documents Phase
Services:
• Based upon the approved Master Plan, the Pacheco Koch shall prepare, for
approval by the CITY, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for construction of the
Project.
• All completed and approved drawings and details will be produced in
AutoCAD/PDF. All completed and approved specifications will be produced
in Microsoft Word.
• Prepare preliminary and final opinions of probable construction costs.
• Submit plans and construction opinions of probable costs to the CITY for
review at completion intervals at 30%,60%,and 90%.
• Prepare final bid documents, bid proposal forms, construction plans, and
special conditions.
• File bid documents for review by the Texas Department of Licensing and
Regulation.
The following products will be provided by Pacheco Koch in completion of the
Construction Documents phase:
• Plan sheets illustrating plans,elevations,sections and details of construction.
Sections where appropriate. The number of copies shall be as requested by
the Owner. Printing cost shall be a reimbursable expense.
• Standard CITY details incorporated into the plans,as required.
• Project manual (four copies) containing technical specifications and bidding
documents including CITY forms such as bid proposal, form of agreement
between CITY and Contractor, and conditions of the contract.
Attachment A Scope of Services
Bunche Park Phase 2 Project
Page 1 of 6
(Continued from previous page)
• Provide the CITY with Auto CAD (.dwg)files upon award of bid.
• Provide graphic products in electronic file format(.pdf).
• Provide project manual as one complete Microsoft Word (.doc)file.
• All electronic file transfers shall be by email or in CD-Rom format.
Not included in this item:
■ Creation of special renderings or documents required for a Planned Development,
Special Exception, or Variance requests beyond the documents described above.
■ Submittals for multiple early release permit drawings exceeding the total plan
submittals described above.
Engineering Services
GRADING& DRAINAGE PLAN: Pacheco Koch will prepare a Grading & Drainage plan for
the project. This plan will show existing grades, proposed contours and spot elevations
as required, and existing and proposed finished floor elevations.
Included in this item:
■ Coordination of City review and approval of plans prepared as part of this item.
■ One (1) revision to the plan to reflect site plan changes as a result of Owner or
Architect comments. Additional changes will be made on an hourly rate basis.
■ Preparation of a site Drainage Area Map that will define storm water discharges and
proposed drainage patterns for the site.
■ Design of on-site storm sewer, if required.
■ Estimated cut& Fill quantities to balance earth work.
Not included in this item:
■ Profiles for public and private systems.
■ Design of storm water detention facilities.
■ Design of any off-site storm sewer or drainage improvements not described above.
■ Design of any underfloor drainage systems or grading,and the design of French drain
systems around the building perimeters.
EROSION CONTROL PLAN: Pacheco Koch will prepare an Erosion Control Plan for the
referenced project.
Included in this item:
■ Coordination of City review and approval of plans prepared as part of this item.
■ One (1) revision to the plan to reflect site plan changes as a result of Owner or
Architect comments. Additional changes will be made on an hourly rate basis.
■ Location and construction details for erosion/sediment control devices to manage the
discharge of storm water runoff from the site during construction activities.
Not included in this item:
■ Services associated with filing of the "Notice of Intent" form (NOI) to the Texas
Commission on Environmental Quality (TCEQ) for the proposed construction
activities.
Attachment A Scope of Services
Bunche Park Phase 2 Project
Page 2 of 6
INTEGRATED STORM WATER MANAGEMENT SITE PLAN: Pacheco Koch will prepare an
Integrated Storm Water Management (iSWM) Site Plan for the proposed project. The
iSWM Site Plan will be a comprehensive report that contains the technical information
and analysis to meet the storm water regulatory requirements. The plan will include
existing condition and post development hydrologic and hydraulic analysis and a storm
water management system design.
PRIVATE WATER & SANITARY SEWER PLAN: Pacheco Koch will prepare plans for private
on-site water and sanitary sewer improvements including manholes, cleanouts, fire
hydrants, meters, mains, and building services to serve the proposed development.
These improvements will be designed from existing public mains located adjacent to the
site to a point 5-feet outside the proposed building. The connection points will be
coordinated with the MEP consultant orthe Architect.
Included in this item:
■ Coordination of City review and approval of plans prepared as part of this item.
■ One (1) revision to the plan 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:
■ Design of any public water or sanitary sewer improvements or extensions not
described above.
■ Profiles for public or private systems.
Landscape Architecture Services
DIMENSIONAL CONTROL PLAN: Based on an approved Site Plan provided by the Owner,
Pacheco Koch will prepare a detailed site horizontal Dimensional Control Plan which will
define drives,parking spaces, building location,and landscape areas in relation to existing
and proposed property boundary lines. This item is meant to be a tool for the Contractor
to lay out the site during construction and is not meant to be a "Site Plan" for City
review/approval purpose. It is our understanding that either Pacheco Koch will provide
sufficient surveying services to define the site boundaries, or the site boundary
information will be provided by Owner.
Included in this item:
■ Coordination of City review and approval of plans prepared as part of this item.
■ Three (3) revisions to the plan to reflect site plan changes as a result of Owner
comments (30%, 60%, and 90% submittals). Additional changes will be made on an
hourly rate basis.
Not included in this item:
■ Survey to define site boundaries.
Attachment A Scope of Services
Bunche Park Phase 2 Project
Page 3 of 6
PLANTING AND IRRIGATION-LIMITED SERVICES:Pacheco Koch will provide Planting Design
services that consist of minimum requirements to meet the applicable landscape ordinance
of the governing municipality.
Included in this item:
■ Coordination of City review and approval of plans prepared as part of this item.
■ Up to two(2)team design meetings at the office of the architect,developer or owner
to coordinate ground plane design elements, and verify owner expectations for the
level of finish.
■ Construction Documents: Plans to include planting and irrigation with applicable
details to a level sufficient to demonstrate design intent and allow the construction
thereof, including materials and quantity schedules. Technical specifications to be
included.
■ If required by the governing jurisdiction Pacheco Koch will make up to one (1) site
visit at the completion of the project to ensure the landscape was installed per the
plans.
Not included in this item:
■ Hardscape design,signage,site furnishings, lighting,fences,or water features.
■ Enhanced landscape design in excess of Code Minimum.
■ Irrigation systems utilizing reclaimed water that require pumps,filters and associated
controls.
■ Irrigation system
■ 2D or 3D renderings,graphics or applications required to pursue a variance or special
exception to the ordinance.
■ LEED pursuit.
■ City landscape plan submittal.
■ Green roofs or terraces over structure.
■ Construction supervision or administration.
■ Coordination with the Civil Engineer to provide dedicated irrigation meter.
■ All these services can be provided upon request for an additional fee.
HARDSCAPE PLAN SERVICES: Pacheco Koch will provide a Landscape Architecture Design
services that consists of hard surface elements of the site on the ground plane, excluding
vehicular paving. Elements typically include pedestrian paving, selection and location of
ornamental light fixtures, pedestrian hand rails, exterior stairs and ramps, site furniture,
fencing, mow curbs,shade structures and seat walls/retaining walls less than 36"in height.
Included in this item:
■ Construction Documents: Plans to include layout,grading and detail plans to a level
sufficient to demonstrate design intent and allow the construction thereof, including
materials and quantity schedules and striping for on-street parking along Ramey
Avenue. Technical specifications will be prepared for each critical item in the
Landscape Architectural Plans.
■ Coordinate with the Civil Engineer to connect landscape drainage structures and
features into the overall site drainage plan.
Attachment A Scope of Services
Bunche Park Phase 2 Project
Page 4 of 6
(Continued from previous page)
■ Coordination with Structural Engineer related to shade structures and footing, if
required.
■ TDLR submittal for accessibility review. Cost of submittal and inspections will be
submitted as a reimbursable expense.
■ Site lighting plan to include area security lighting.
Not included in this item:
■ Planting/softscape design.
■ Retaining wall design for walls over 36" in total height, or with surcharges.
■ Vehicular pavement design and grading. Paving enhancement design for vehicular
areas, if any, will be provided to the civil engineer in the design development phase
for incorporation into the vehicular paving plans.
■ LEED pursuit.
■ Green roofs or terraces over structure.
■ Environmental clearance,wetland delineation, or jurisdictional waters issues.
Bid/Construction Phase Services(Phase 2 Only)
BID PHASE SERVICES: During the Bid Phase, Pacheco Koch will be available to provide
coordination as required with prospective bidders.
CONSTRUCTION ADMINISTRATION:Pacheco Koch will be available to attend up to five(5)
project coordination meetings(including conference calls)during construction. Meetings
could include:
■ Pre-Bid Conference
■ Pre-Construction Conference
• Substantial Completion Walk-Through
■ Final Completion Walk-Through.
■ One (1) construction progress meeting.
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 civil site improvements.Those submittals could include
Contractor's Application for Partial Payment and Final Payment, shop drawings, product
data, mix 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 orjobsite 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.
Attachment A Scope of Services
Bunche Park Phase 2 Project
Page 5 of 6
(Continued from previous page)
■ 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 Contractor's and Owner's safety programs
of which Pacheco Koch has been informed in writing.
Special Services
ELECTRICAL ENGINEERING PLAN: Pacheco Koch will contract with a sub-consultant for the
design of the electrical components for the project as required. Plans will be signed and
sealed by an Engineer licensed to perform work in the State of Texas.
Special Services(If Requested)
STRUCTURAL PLAN: Pacheco Koch will contract with a sub-consultant to design the
foundations forthe light standards required forthe site.
REIMBURSABLE EXPENSES: Included in this item are usual and customary expenses
normally incurred duringthis 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.
RECORD DRAWINGS: Based on project construction records, maintained and provided by
the Contractor, Pacheco Koch will prepare final Record Drawings of the referenced project
in conformance 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 will provide a letter on their letterhead positively stating that all
construction was done per the construction documents.
Attachment A Scope of Services
Bunche Park Phase 2 Project
Page 6 of 6
Attachment B
Compensation
The services described in Attachment A Scope of Services shall be provided for a total lump sum
fee of$48,500 (Forty-Eight Thousand Five Hundred Dollars). The overall fee total shown shall
not be exceeded without prior written authorization from the CITY.
Payment for the services described in Attachment A Scope of Services shall be invoiced to the
CITY on a monthly basis, based upon percentage completed for each task. Below is a fee
breakdown by task for the services described in Attachment A Scope of Services:
Bunche Park Phase 2 Project
Task Fee
Basic Services
1. Planning Services $ 3,500
2. Engineering Services $ 17,000
3. Landscape Architecture Services $ 14,500
4. Bid/Construction Phase Services (Phase 2 only) 6,500
Basic Services Subtotal $ 41,500
Special Services
1. Special Service—Electrical Engineering Plans $ 7,000
Special Services Subtotal 7,000
Total Fee for Services $48,500
Attachment B Compensation
Bunche Park Phase 2 Project
Page 1 of 1
Attachment C
Amendments to Standard Agreement for Engineering Related Professional Services
(No amendments are required.)
Attachment C Amendments to Standard Agreement for Engineering Related Professional Services
Bunche Park Phase 2 Improvements
Page 1 of 1
Attachment D
Schedule
The project is anticipated to be completed within 12 (Twelve) months. Shown below is the
anticipated time duration breakdown by task:
Bunche Park Phase 2 Project
Task Duration
Basic Services
1. Planning Services(ongoing) N/A
2. Engineering Services 3 Months
3. Landscape Architecture Services 3 Months
4. Bid/Construction Phase Services(Phase 2 only) 9 Months
Basic Services Duration 12 Months
Special Services
1. Special Service—Electrical Engineering Plans
Special Services Duration N/A
Total Project Duration 12 Months
Attachment D Schedule
Bunche Park Phase 2 Project
Page 1 of 1
Attachment E
Project Location Map
Project location is shown below.
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#PHASE 2 LIMITS
Electrical Plans scope of
work will extend beyond the �- �s.
limits shown for Phase 2 - t
RfehughAwnue
Bunche Park Phase 2 Project
This park addition will be at the existing Bunche Park site located between Dunbar High School
and J. Martin Jacquet Middle School on Ramey Avenue in Fort Worth.
Attachment E Project Location Map
DRAFT 05-25-18 Trinity Trail East Fort Worth Extension Phase 2 Project
Page 1 of 1