HomeMy WebLinkAboutContract 52259-A1 it
RECEIVED
JUL 2 5 2019 AMENDMENT NO. 1 TO AGREEMENT
em1rYsEc yT" STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
CRYSECREfgRY
LAS VEGAS TRAIL COMMUNITY CENTER
STATE OF TEXAS
CITY SECRETARY CONTRACT NO. 56ta5Q-po
COUNTY OF TARRANT
WHEREAS, The City of Fort Worth and RPGA Design Group, Inc. (Consultant) made
and entered into City Secretary Contract No. 52259 (The Contract) which was
authorized adminstatively, the 8th day of May, 2019, for Programming and Schematic
Design of the Las Vegas Trail Community Center; and
WHEREAS, further amendment is necessary to reimburse the Consultant as part of the
design services agreement for additional design services for site survey.
NOW THEREFORE, City and Consultant, acting herein by and through their duly
authorized representatives, enter into the following agreement which amends the
Contract:
1.
Article I —Scope of Services, Paragraph (3) shall be added to read as follows:
(3) Provide additional design services for the site survey. The cost of this additional
service is $12,738.00 plus $0.00 in reimbursable expenses. The scope of
services is described more fully in RPGA's Letter dated July 15, 2019, subject:
"LVTRise Community Center — City of Fort Worth, 8201 Calmont Avenue / Fort
Worth, Texas, Additional Services - Surveying".
2.
Article II —Compensation, first paragraph, is amended as follows:
"Consultant shall be compensated in accordance with the Fee Schedule shown
in Attachment "A". Payment shall be considered full compensation for all labor,
materials, supplies, and equipment necessary to complete the services
described in Attachment "A". However the total fee paid by the City shall not
exceed a total of $77,738.00 unless the City and the Consultant mutually agree
upon a fee amount for additional services and amend this Agreement
accordingly."
OFFICIAL RECORD
Shand Agreem Texas
t r«rotesslonal Services AMENDMENT CITY SECRETARY
P�o 2 7iir�o1e FT WORTH,TX
3.
All other provisions of this Contract which are not expressly amended herein shall
remain in full force and effect.
EXECUTED this theoday of 2019, in Fort Worth, Tarrant County,
Texas.
RPGA De ' up, Inc. A7-<
D:
:B By:
Ja ' r Q. Lucio Kevin Gunn
i(runcipal Interim Assistant City Manager
. o ...04Y
APPROVAL RECOMMENDED: RECORD
By: By: Z
FWZ-Roger Venables, Into Director J. er
Property Management Department City Secretary
APPROVED AS TO FORM AND LEGALITY: M&C Not Required
Contract Authorization
By:
J B. Stro
Assistant City Attor
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.
Brian R. Glass,AIA
Architectural Services Manager
OFFICIAL,RECORD
City of Fort worth,Texas CITY SECRETARY
Standard Agreement for Professional Services AMENDMENT FT (NORTH TX
Revision Date:711=19
Page 2 of 2
2
' ' R P G A
DESIGN G R O U P. INC.
July 15, 2019
Ronald Clements,Architect
Property Management Department
City of Fort Worth
401 West 13th Street
Fort Worth, Texas 76102
RE: LVTRise Community Center—City of Fort Worth
8201 Calmont Avenue/Fort Worth, Texas
Additional Services—Surveying
Mr. Clements:
In order that we might reach a clear understanding, please accept this as our proposal for surveying
services as required to provide the proposed changes at the LVTRise Community Center as well as
future changes throughout the site. We submit the following for your consideration and approval.
1) General: RPGA Design Group, Inc., as summarized below, will work with Pacheco Koch
to provide the following:
TOPOGRAPHIC SURVEY OF AREA DELINEATED IN EXHIBIT A, relating to the referenced
project. The subject tract is currently platted as Lot D, Block 6, West Plaza Addition. The project
area is approximately 6.4 acres and improvements existing on the site consist of a former YMCA
Recreational Facility and associated appurtenances. The limits of the survey are shown on the
attached Exhibit A.
Additional Surveying Services............................................................ .... $11,580.00
Architectural Coordination gnd Processing................................................................... $ 1,158.00
TOTAL $ 12,738.00
If you have any questions or if you need additional information to review and approve this proposal
please contact me at your earliest convenience.
inc ly,
J eravier Q ucio
RPGA Design Group, Inc.
Attachments: Pacheco Koch Proposal PK No.: 0100
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 FAX(817)332-9487 (888)TRY-RPGA
www.rpgaarchitects.com
Pacheco Koch
July 10,2019
PK No.: 0100
Mr. Javier Lucio
RPGA DESIGN GROUP, INC.
101 South Jennings Avenue,Suite 100
Fort Worth,Texas 76104
Re: Professional Land Surveying Services
LVTRISING COMMUNITY CENTER
Boundary&Topographic Survey
Fort Worth, Tarrant County, Texas
MAPSCO:F73-L
Dear Mr.Lucio:
Pacheco Koch Consulting Engineers,Inc.is pleased to submit this proposal to provide professional
land surveying services relating to the referenced project. It is our understanding the project is
located at 8201 Caimont Avenue in Fort Worth,Texas.The subject tract is currently platted as Lot
D, Block 6, West Plaza Addition. The project area is approximately 6.4 acres and improvements
existing on the site consist of a former YMCA Recreational Facility and associated appurtenances.
The limits of survey are is shown on the attached Exhibit A.
SCOPE OF SERVICES
Based on our preliminary discussions and review of the information received to date, the following
is our perception of the services to be provided by Pacheco Koch for the referenced project:
Surveying Services
SITE BOUNDARY DETERMINATION: Pacheco Koch will do limited property research (filed
plats and current deeds only) and complete fieldwork required to determine the
boundaries of the site.This information will be used in site layout,dimensional control,and
as a base for plats,surveys,and easement documents.
Included in this item:
■ Plot easements or setbacks of which the surveyor has knowledge or has been made
aware. This item does not include an abstract of title.
■ Retrieve subdivision plats, maps and/or deeds delineating the ownership for the
project.
■ Limited field measurements to only those existing boundary monuments, deemed
necessary by the surveyor, to determine the location of the site boundary.
Not Included in this item:
■ Information regarding the ownership of adjacent tracts.
■ Right-of-Entry efforts for private property.
■ Monumentation.
■ Sealed or certified drawings,including ALTA or closing surveys.
■ Metes&bounds property descriptions.
4060 Bryant Irvin Road ■ Fort Worth,TX 76109-4113 ■ 817.412.7155 ■ pkce.com
Mr.Javier Lucio
July 10, 2019
Page 2
TOPOGRAPHIC SURVEY: Pacheco Koch will perform an on the ground survey of the
property under the direct supervision of a Registered Professional Land Surveyor,
Included in this item:
■ Location of permanent improvements on,and immediately adjacent to,the site.
■ Spot elevations on a 50-foot grid.
■ Contours on one foot intervals.
■ Top of curb and gutter elevations for paving on,and immediately adjacent to,the site.
■ Locations, common name and trunk diameter of trees over 64nches in caliper or the
outline of heavily wooded areas.
■ Location of visible utilities and appurtenances.
■ Location and sizes of underground utilities based on available record information.
■ Pacheco Koch will graphically plot, if any, the Special Flood Hazard Area from the
Flood Insurance Rate Map (FIRM), published by Federal Emergency Management
Agency (FEMA), for this area.
Not included in this item:
■ Species names of trees.
■ Trees less than 64nches in diameter.
■ Tree locations and identification in heavily wooded areas.
■ Subsurface utility engineering services.
■ Location of irrigation control valves.
SCHEDULE
Pacheco Koch acknowledges the importance to RPGA Design Group, Inc. of the project
schedule and agrees to put forth its best professional efforts to perform its services under this
Agreement in a manner consistent with that schedule. RPGA Design Group, Inc. understands,
however, that Pacheco Koch's performance must be governed by sound professional practices.
If, through no fault of Pacheco Koch, such periods of times or dates are changed, or the orderly
and continuous progress of Pacheco Koch's services is impaired or Pacheco Koch's services are
delayed or suspended, then the time for completion of Pacheco Koch's services, and the rates
and amounts of Pacheco Koch's compensation, shall be adjusted equitably. If requested,
Pacheco Koch would be pleased to develop a project schedule outlining each of the items
included previously described in the Scope of Services.
COMPENSATION
Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total
fee,inclusive of direct reimbursable costs,as follows:
Surveying Services
SITE BOUNDARY DETERMINATION $ 1,705.00
TOPOGRAPHIC SURVEY S 9.875.00
TOTAL $ 11,580.00
Please note that the fees above are based on the assumption that Pacheco Koch will perform
the above services all together for this projecl. 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.
Mr. Javier Lucio
July 10, 2019
Page 3
SUMMARY
This proposal, unless otherwise noted,constitutes our understanding of the services to be provided
by Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is
offered for a period of thirty (30) days after which, if said proposal has not been executed, said
proposal should no longer be valid.
Pacheco Koch Consulting Engineers,Inc.is pleased to have this opportunity to submit this proposal
and looks forward to working with you on this project. If the proposal and accompanying
agreement is acceptable to you as presented, please execute one copy of the agreement form
and return one original copy to our office. Upon receipt of notice to proceed, either in writing or
verbally,it will be assumed said agreement is accepted by all parties and services will be provided
accordingly. If you have any questions or would like any additional information, please do not
hesitate to call us at your convenience.
Sincerely,
Michael L. Lewis, R.P.L.S.
RWB/jef
01-17688
EXHIBIT A -� z Pacheco Koch
Cityof Fort Worth -I-VTRisin Community Facility RPGA Design Group,Inc 4020 Bryant tdh, Tin Road
9 ty Y- J P Fort warn, rx7sios
Design Survey (817)412-7155
July 10, 2019
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KEY TO FEATURES
NOTES DATUM
LIMITS OF SURVEY BACKGROUND IMAGE FROM NAD 1983 TEXAS STATE PLANE
ESRI AERIALS NORTH CENTRAL ZONE FIPS 4202
C3TAD Tax Parcels
0 200 400 g
Feet
t IBM equa's sou fear
Pacheco Koch
SCHEDULE OF STANDARD HOURLY BILLING RATES
(Our hourly rates are subject to change at any time.)
ENGINEERING SURVEYING
Principal.............................................$245.00/Hr. Principal.............................................$245.00/Hr.
Associate Principal..........................$210.00/Hr. Associate Principal..........................$210.00/Hr.
Director..............................................$210.00/Hr. Director..............................................$210.00/Hr.
Senior Project Manager..................$170.00/Hr. Senior Project Manager..................$165.00/Hr.
Senior Project Coordinator.............$170.00/Hr. Senior Project Coordinator.............$165.00/Hr.
Project Manager..............................$125.00/Hr. Project Manager..............................$120.00/Hr.
Project Coordinator........................$125.00/Hr. Project Coordinator........................I 120.00/Hr.
Project Engineer...............................$100.00/Hr. Project Surveyor...............................$100.00/Hr.
Senior Technician ............................$115.00/Hr. Survey Intern.......................................$95.00/Hr.
Technician..........................................$85.00/Hr. Senior Technician ..............................$95.00/Hr.
Drafter..................................................$80.00/Hr. Technician..........................................$85.00/Hr.
Research Manager... .................$100.00/Hr. Drafter..................................................$80.00/Hr.
Research Coordinator......................$65.00/Hr. Research Manager.........................$100.00/Hr.
Research Assistant.............................$55.00/Hr. Research Coordinator......................$65.00/Hr.
Executive Assistant..........................$100.00/Hr. Research Assistant.............................$55.00/Hr.
Senior Administrative Assistant.........$90.00/Hr. Executive Assistant..........................$100.00/Hr.
Administrative Assistant ....................$75.00/Hr. Senior Administrative Assistant.........$90.00/Hr.
Expert Witness Testimony................$350.00/Hr. Administrative Assistant....................$75.00/Hr.
LANDSCAPE ARCHITECTURE Expert Witness Testimony................$350.00/Hr.
Principal.............................................$245.00/Hr. Survey Field Crew (I-person).........$1 00.00/Hr.
Associate Principal..........................$210.00/Hr. Survey Field Crew(2-person).........$150.00/Hr.
Director..............................................$210.00/Hr. Survey Field Crew(3-person).........$210.00/Hr.
Senior Project Manager.................41 60.00/Hr. Survey Field Crew(4-person).........$270.00/Hr.
Project Manager..............................$120.00/Hr. Survey Scanner Crew(1-person)...$180.00/Hr.
Project Landscape Architect........$100.00/Hr. Survey Scanner Crew(2-person)...$225.00/Hr.
Landscape Task Lead.......................$95.00/Hr. Survey Scanner Crew(3-person)...$910.00/Hr.
Technician.,.......„...............................$M.00/Fk.
Landscape Designer.........................$80.00/Hr.
Drafter.............................. ..................W00/W.
Executive Assistant.................. . ...$100.00/Hr.
Senior Administrative Assistant.........$90.00/Hr.
Administrative Assistant....................$75.00/Hr.
Expert Witness Testimony................$350.00/Hr.
rev.01/2019
4060 Bryant kvin Road Fort Worth,TX 76107-4654 817.412.7155 pkce.com
J' Pacheco Koch
STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES
(Rates are subject to change at any time.)
Reproduction:
BlackLine Bond ftts..........................................................................................$0.50/sf
Black Line Vellum PIS'tts..................................................................„...................$ 1.50/sf
Black Line Mylar Prints.........................................................................................$2.00/sf
ColorBand Plots...................................................:..............................................$3.00/sf
Color Prints (8 1/2"x 11").... _ ..... . .....:......................,...-....... ............--.$ 1.00/ea
Photocopies (8 1/2"x 11") ..............................................................................$0.10/ea
Monumentation(Materials Only):
3" Aluminum Disks..................................................................................... ....$25.00/ea
Mounting:
Foam-core (3/16")............................. ..............................................................$4.00/sf
Binding Services:
Punch &Bind......................................................................................................$2X/eo
Storage Media:
CD..,..—.,-.................................:.:....... ....................................................4 8.00/ea
Travel Expenses:
Per Diem (Lodging/Meals).............................:.............................$ 125.00/Day/Person
rev. 08/2009
4060 Bryant Irvin Road ■ Fort Worth,Tx 76109-4113 ■ 817.412.7155 • pkce.com
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
LVTRising Community Center
Fort Worth,Tarrant County,Texas
PK No: 0100
This Agreement is made between Pacheco Koch Consulting Engineers, Inc.,a Texas corporation, (hereinafter referred to as "PKCE"),whose
mailing address is 4060 Bryant Irvin Road,Fort Worth, Texas 76109,and RPGA Design Group,Inc., (hereinafter referred to as "CLIENT"),whose
mailing address is 101 Soulh Jennings Avenue,Suite 100,Fort Worth,Texas 76104,and is subject to the following terms and conditions to which
the parties mutually agree:
ARTICLE 1 -SCOPE OF SERVICES
1.1 In consideration of the mutual covenants contained herein,PKCE shall perform the services identified in letter of proposal dated July 10,
2019,which is made a part hereof,in accordance with the terms of this Agreemen I.
1.2 PKCE will commence the services upon receipt of an executed copy of this Agreement signed by an authorized representative of the
CLIENT and by an authorized representative of PKCE.
1.3 PKCE shall not be responsible for a CLIENT's directive or substitution made without PKCE's agreement and which agreement shall not be
unreasonably withheld.
ARTICLE 2-AMENDMENTS
2.1 CLIENT,without invalidating this Agreement,may request changes within the general scope of the Service required by this Agreement
by altering or adding to the Services to be performed, and any such changes in the Services shall be performed subject to this
Agreement. Upon receiving the CLIENT's request,PKCE shall return to CLIENT a written change proposal setting forth an adjustment to
the services and cost estimated by PKCE to represent the value of the requested changes.Following CLIENT's review of PKCE's change
proposal.CLIENT shall execute sold written proposal authorizing PKCE to perform the changes in the Services.
ARTICLE 3-PROJECT COSTS AND PAYMENT
3.1 PKCE shah be compensated,in U.S.Dollars,in accordance with the afore referenced letter of proposal and any subsequent executed
amendments to said proposal.
3.2 Unless otherwise noted,direct costs such as application fees,review fees,blueprinting,reproductions,delivery fees,etc.are not included
in the fees above and will be charged at cost times a multiplier of 1.10.
3.3 State and local sales tax shall also be considered a direct cost when applicable and will be charged at cost. Please note that
professional boundary surveying services are subject to state sales tax.
3.4 PKCE will submit an invoice to CLIENT at the end of each month,on an hourly rate basis or based on the estimated percentage of
completion of the services as stipulated in the proposal,unless otherwise specified by the CLIENT in writing and agreed upon by PKCE.
3.5 Payment shall be made by CLIENT within 30 days after receipt of the invoice.
3.6 PKCE shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the subject property Is
finalized.
3.7 CLIENT shall provide written notification to PKCE within 15 days of receipt of the invoice should CLIENT object to all or any part of charges
appearing on the invoice. The portion of the Invoice that is not in dispute shah be paid by CLIENT within 30 days of receipt of sold invoice.
3.8 If legal action Is necessary to enforce payment provisions of this Agreement,PKCE shah be entitled to collect from CLIENT any judgment
or settlement sums due,reasonable attorneys'fees,court costs and expenses incurred by PKCE in connection therewith.
3.9 A finance charge of 1.50%per month will be paid by CLIENT for all non-disputed invoices after 30 days.
3.10 If CLIENT for any reason fails to pay the undisputed portion of any Invoice within 30 days of presentation,PKCE has the right to cease
work on the project and CLIENT shall waive any claim against PKCE for cessation of services,and shall defend and indemnify PKCE from
and against any claims for injury or loss stemming from said cessation of services. In the event the project Is restarted,CLIENT shall also
pay the cost of restarting and shall renegotiate appropriate contract terms and conditions,such as those associated with budget,
schedule or scope of service.
ARTICLE 4-DELAYS AND TERMINATION
4.1 CLIENT or PKCE may terminate this Agreement upon forty-eight(48)hours written notice should the other party fail substantially to perform
in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all
claims upon such termination of this Agreement shall be made as follows: in the event of any termination PKCE will be entitled to invoice
CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable
Expenses incurred through the effective elate of terminatlon. Upon making su ch payment,CLIENT shah have the rimfted right to the use
of Documents,at CLIENT's sole risk,subject to the provisions here within. In the event the services cannot be performed on or before the
projected due date because of circumstances beyond the control of PKCE, including, but not limited to stoke, fire, riot, excessive
precipitation,act of God,governmental action,third party action or action of omission by CLIENT,the services shah be amended by
CLIENT and PKCE in accordance with Article 2 of this Agreement.
4.2 If the CLIENT suspends the Project. PKCE shall 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 and the time schedules shall be equitably adjusted.
4.3 If the CLIENT suspends the Project for more than 90 cumulative days for reasons other than the fault of PKCE,PKCE may terminate this
Agreement by giving not less than seven(7)days'written notice.
4.4 CLIENT's failure to make payment to PKCE in accordance with the payment terms herein shall constitute a material breach of this
Agreement and shah be cause for termination by PKCE.
ARTICLE 3-RIGHT OF ENTRY
5.1 CLIENT shall provide for PKCE's right to enter from time to time,property owned by CLIENT and/or others in order for PKCE to fulfill the
scope of services included hereunder.
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ARTICLE 6-INFORMATION PROVIDED BY OTHERS
6.1 PKCE shall indicate to CLIENT the information needed for rendering of services hereunder, and CLIENT shall provide to PKCE such
information as is available to CLIENT. CLIENT recognizes that it is impossible for PKCE to assure the sufficiency of such information,either
because tt is impossible to do so,or because of errors oromissions,which may have occurred In assembling the information. CLIENT shall
be responsible for,and PKCE may rely upon,the accuracy and completeness of all requirements,programs,instructions,reports,data,
and other information furnished by CLIENT to PKCE pursuant to this Agreement. PKCE may use such requirements,programs,Instructions,
reports,data,and information in performing or fumishing services under this Agreement. Accordingly,CLIENT waives any claim against
PKCE,and agrees to defend,indemnify and hold PKCE harmless from any claim or liability for injury or loss allegedly arising from errors,
omissions,or inaccuracies in documents or other information provided to PKCE by CLIENT. Further,CLIENT agrees to compensate PKCE
for any time spent or expenses incurred by PKCE in defense of any such claim, with such compensation to be based upon PKCE's
prevailing fee schedule and expense reimbursement policy.
6.2 Subject to the standard of care set forth here within,PKCE and its Consultants may use or rely upon design elements and information
ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the
publishers of technical standards.
ARTICLE 7-CONSTRUCTION ACTIVITIES
7.1 CLIENT agrees that the General Contractor is solely responsible for job site safety and for construction means, methods, sequence,
techniques and procedures necessary for performing,superintending and/or coordination all construction activities and warrants that
this intent shall be made evident in CLIENT's agreement with the General Contractor.
7.2 Unless otherwise required in this Agreement,PKCE shall have no responsibility for discovery,presence,handling,removal or disposal of,
or exposure of persons to,hazardous materials or toxic substances in any form at the Project site.
ARTICLE 8-CONFIDENTIALITY
8.1 PKCE shall maintain as confidential, and not disclose to others wilhout CLIENT's prior written consent,ail information obtained from
CLIENT,not otherwise previously known to PKCE In the public domain. The provisions of this paragraph shall not apply to information in
whatever form which (I)is published or comes into the public domain through no fault of PKCE, @) Is furnished by or obtained from a
third party who is under no obligation to keep the information confidential,or(III)is required to be disclosed by law on order of a court,
administrative agency or other authority with proper jurisdiction.PKCE will notify CLIENT in writing immediately if information is requested
under item(ill)above. PKCE shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its
employees,(!I)those who need to know the content of such information in order to perform services or construction solely and exclusively
for the Project,or(ii)its consultants and contractors whose contracts include simlar restrictions on the use of confidential information.
ARTICLE 9-OWNERSHIP OF INSTRUMENT OF SERVICE
9.1 All reports,plans,specifications,field data,field notes,calculations,estimates and other documents prepared by PKCE,as instruments
of service shag remain the property of PKCE. PKCE shall retain these records for a period of five(5)years following completion of services,
during which period they will be made available to CLIENT at all reasonable times.
ARTICLE 10-JURISDICTION
10.1 In compliance with Sec.29 of the Professional Land Surveying Act,as enacted by the Legislature of the State of Texas,we are required
to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas Board of Professional Land Surveying,
12100 Park 35 Circle,Bldg.A,Suite 156,MC-230,Austin,Texas 78753,(512)2395263. Complaints regarding surveying services rendered
may be addressed to that agency. The firm registration number is TBPLS No.10008000.
10.2 This Agreement is to be governed by the laws of the State of Texas.
ARTICLE 11 -INDEMNITY
11.1 PKCE shag indemnify and hold harmless CLIENT from and against lawsuits,claims,liabilities,causes of action,losses,damages,forfeitures,
penalties, fines,costs and expenses,Including, but not limited to,reasonable attorney's fees and expenses,by whomever asserted,
Including,but not limited to,any government agency or branch or any third party to the extent the some are caused by(I) a breach
by PKCE of any term or provision of this Agreement,(ii)violation by PKCE of federal,state or local statute,rule,regulation or ordinance
In the negligent performance of the Services.or(Iii)negligent errors or omissions of PKCE or its employees,agents,or subcontractors in
the performance of the Services.
11.2 To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless PKCE and its officers, directors, members, partners,
agents,employees,and Consultants from and against any and all claims,costs,losses,and damages(including but not limited to,all
fees and charges of engineers,architects,attorneys and other professionals,and all court,arbitration,or other dispule resolution costs),
by whomever asserted.including,but not limited to,any government entity,agency or branch,any third party,an employee,contractor
employed or retained by PKCE, any third party or employee employed or retained by PKCE,to the extent that such claim,property
damage,injury or death was caused by(i) the negligence or willful misconduct of CLIENT or agent of CLIENT, (iii) violation of federal,
state,or local statute,rule,regulation or ordinance by CLIENT or agent of CLIENT,(11)CLIENT's alleged involvement or status as an owner,
operator, arranger, generator or transporter of hazardous substances or constituents at the site, or (iv) incomplete or inaccurate
information provided by CLIENT to PKCE provided that(i)any such claim,cost,loss,or damage is attributable to bodi y injury,sickness,
disease,or death,or to injury to or destruction of tangible property(other than the Work itself),including the toss of use resulting therefrom.
and(,i)nothing In this paragraph shall obligate CLIENT to indemnify any individual or entity from and against the consequences of that
individuol's or entity's own negligence or willful misconduct.
ARTICLE 12-LIMITATION OF LIABILITY
12.1 CLIENT,through its authorized representative,identified below,and PKCE,have discussed their risks,rewards and benefits of the project
and PKCE's total fee for services. Neither PKCE,nor their consultants,agents,or employees shag be jointly,severally or individually gable
to CLIENT In excess of one hundred thousand ($ 100,000.00) by any act of omission,including breach of contract or negligence not
amounting to willful or intentional wrong.
A-2
12.2 If,due to PKCE's error,any required item or component of the project is omitted from the construction documents,PKCE's liability shall
be limited to the difference between the cost of adding the item at the time of discovery of the omission and the cost had the Hem or
component been included in the construction documents.In no event will PKCE be responsible for any cost or expense that provides
betterment,upgrade or enhancement of the project.
12.3 CLIENT and PKCE mutually agree that PKCE's liability to CLIENT for all causes shall be limited to the proceeds from any insurance available
to PKCE.
ARTICLE 13-FIDUCIARY RESPONSIBILITY
13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsuitants or subcontractors has offered any fiduciary service to the CLIENT
and no fiduciary responsibility shall be owed to the CLIENT by PKCE or any of PKCE's subconsultants or subcontractors,as a consequence
of PKCE's entering into this Agreement with the CLIENT.
13.2 If this Agreement is a subcontract to CLIENT'S agreement with OWNER, CLIENT also confirms that neither PKCE nor any of PKCE's
subconsultonts owes a fiduciary responsibility to the CLIENT or OWNER.CLIENT shall, as a material element of the consideration the
Consultant requires performance of the services enumerated herein, require OWNER to formally recognize this provision in CLIENT's
agreement with OWNER.
ARTICLE 14-INSURANCE
14.1 PKCE represents that H now carries and will continue during the terms of this Agreement to carry Workers Compensation,Comprehensive
General liability and Comprehensive Automobile Liability insurance required by the laws of the State of Texas. A current PKCE Insurance
Certificate will be provided to the CLIENT,if requested.
ARTICLE 15-ASSIGNMENT
15.1 Unless otherwise noted,neither PKCE nor CLIENT shall assign this Agreement in whole or in part without the prior written consent of both
parties. PKCE shall not subcontract any portion of the work to be performed hereunder,except that PKCE may use the services of
persons and entities not in the employ of PKCE when it is appropriate and customary to do so. Such persons and entities include,but
are not necessarily limited to,surveyors,special'aed consultants,and testing laboratories. PKCE's use of others for additional services
shall not be unreasonably restricted by CLIENT provided PKCE notifies CLIENT in advance.
15.2 PKCE may,at their discretion,assign this contract to a subsidiary of PKCE. PKCE shall notify CLIENT of their assignment at such time it
takes place.
ARTICLE 16-NOTICES
16.1 Any notice given hereunder shah be deemed served when hand-delivered in writing to an officer or other duty appointed
representative of the party to whom the notice is directed,or if sent by registered or certified mail or by a commercial courier service
to the business address identified at the end of the Agreement. All notices shall be effective upon the date of receipt.
ARTICLE 17-STANDARD OF CARE
17.1 The standard of care for all professional engineering and related services performed or furnished by PKCE under this Agreement will be
the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the some time and in
the same locality. PKCE makes no warranties,express or implied,under this Agreement or otherwise,in connection with PKCE's services.
ARTICLE 18-OTHER PROVISIONS
18.1 The Agreement(including attached schedules)constitutes the sole and entire agreement between PKCE and CLIENT.This Agreement
replaces and supersedes all prior discussions and agreements between the CLIENT and PKCE with respect to the matters contained
herein. This Agreement may only be amended,supplemented,modified.or canceled by a duly executed written instrument signed by
both CLIENT and PKCE.
18.2 Any signature of or pursuant to this Agreement,shah be considered for all purposes an original signature and of the some legal effect
as an original,provided that at the request of a party any signature sent by facsimile or email shalt be subsequently confirmed by an
original re-execution.
18.3 All express representations,waivers,indemnifications,and limitations of liability included in this Agreement will survive its completion or
termination for any reason.
18.4 Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shalt be deemed stricken,and
all remaining provisions shall continue to be valid and binding upon CLIENT and PKCE,which agree that the Agreement shop be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing
the intention of the stricken provision.
18.5 CLIENT shall not rely in any way on any Document unless H is issued in final farm,signed or sealed by PKCE or one of its Consultants.
I BA A party's non-enforcement of any provision shah not constitute a waiver of that provision,nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
18.7 To the fullest extent permitted by law, ail causes of action arising under this Agreement shall be deemed to have accrued,and all
statutory periods of limitation shall commence,no later than the date of Substantial Completion.
By executing this agreement,PKCE and CLIENT Indicate their acceptance and agreement with Hs terms.
RPGA Design Group,Inc. Pacheco Koch nsultin Engineers,inc.
By: By:
Name: Name: James A. ch,Jr,P.E.,R.P.L.S.
Title: Title: Vice Preside t
Date: Date: July 10,2019
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