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HomeMy WebLinkAboutContract 57150 CITY OF FORT WORTH, TEXAS CSC No.57150 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, LLC., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Park Improvements at McPherson Park, Deer Meadows Park and Tim Watson Park—Project No. 102319, 102324, & 102336. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $45,000.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. 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. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. 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 pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 CITY SECRETARY Page 1 of 15 FT. WORTH, TX original effective date. Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and 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 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 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. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 2 of 15 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. (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. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 3 of 15 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 no 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 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. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. 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 reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such 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. 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. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 6 of 15 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 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 CITYwill 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. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of 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 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the 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. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 8 of 15 I. 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. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 9 of 15 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.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable 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 projected termination expenses. The CITY'S approval shall 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 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 City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 10 of 15 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 ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. 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. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act 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. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, 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, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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 City of Fort Worth,Texas Park Improvements at: Standard Agreement for Engineering Related Design Services 102318,102324,&102336 Revised Date:November 23,2021 Page 13 of 15 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 Attachment F — Insurance Requirements 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, V � LLC. Valerie Washington(Feb 20,202209:25 CST) Valerie Washington Assistant City Manager Christo�Jones A 11,202217:07 CST) Feb 20, 2022 Christpher M. Jones, P.E., DBIA Date: Principal ,d4'O�Rn Date: Feb 11, 2022 paa FORp��a ATTEST: a9 o°° °�oa�d TAhh���S. GOO�AII ~o °p'�� ° ° Jannette S.Goodall(Feb 22,2022 08:20 CST) 00 o°O° d Jannette Goodall °°°°°°°°°° City Secretary ��4"J nExps��a APPROVAL RECOMMENDED: �RGkyd ZaaGa� By:Richard Zavala(Feb 15,2022 16:26 CST) DC Richard Zavala Director, Park& Recreation Department APPROVED AS TO FORM AND LEGALITY Form 1295 No. By:Mack(Feb 19,2022 11:35 CST) Douglas W Black M&C No.: N/A Sr. Assistant City Attorney M&C Date: N/A City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 14 of 15 CITY SECRETARY FT. WORTH, TX 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. F 110_4�1_1m'wk--1 Carlos M Gonzalez Park Planner OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 15 of 15 ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client") and Pacheco Koch Consulting Engineers, LLC, ("Pacheco Koch") for Consulting Services ATTACHMENT `A' —SCOPE OF SERVICES MCPHERSON PARK, DEER MEADOW PARK, & TIM WATSON PARK DRAINAGE SUPPORT PROJECT DESCRIPTION: The City of Fort Worth Park & Recreation Staff is generating construction plans for three new parks; McPherson Park, Deer Meadow Park, &Tim Watson Park. Pacheco Koch will provide Existing Drainage Area Maps, Proposed Drainage Area Maps, and Drainage Reports for each park, to assist City staff with Storm water Management's permit issuance for each park. Pacheco Koch understands the City will be generating the remaining construction documents for each park. BASIC SERVICES: DRAINAGE STUDY TECHNICAL MEMO: Pacheco Koch will prepare three separate narrative drainage reports. One report will be prepared for each of the following park improvement projects: Deer Meadow Park, McPherson Park, and Tim Watson Park. Design plans for park improvements will be prepared by the City of Fort Worth. The report will cover items required in the City of Fort Worth Drainage Study Checklist. Included in this item: ■ Narrative drainage report. ■ Coordination with the City. ■ Design Methodology ■ Key assumptions and unusual conditions ■ Downstream assessment throughout Zone of Influence ■ Summary of results and comparison of Pre/Post Conditions ■ Verification of compliance with all no adverse impact criteria. ■ Floodplain delineation based on FEMA Firmettes. Not included in this item: ■ City review fees. ■ Supporting site civil plans. ■ Mitigation plan and provision of an adequate outfall (to be provided by City of Fort Worth design team). ■ XPSWMM or other computer modeling of creeks, waterways, or tributaries. 1/24/2022 Page 1 ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client") and Pacheco Koch Consulting Engineers, LLC, ("Pacheco Koch") for Consulting Services PRE & POST DRAINAGE AREA MAPS (Tim Watson. McPherson, Deer Meadow Park): Pacheco Koch will prepare existing and proposed drainage area maps for each of the three parks, based on proposed grading plans and topographic surveys provided by the City of Fort Worth design team. This plan will show existing grades, proposed contours and spot elevations as required, and existing and proposed finished floor elevations. Drainage Area Maps will comply with City of Fort Worth Drainage Study Checklist. 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 stormwater discharges and proposed drainage patterns for the site. Not included in this item: ■ Profiles for public and private systems. ■ Grading plans ■ Design of stormwater 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. ■ Additional modifications to cut/fill balance the site after the initial revision. ■ Design of on-site storm sewer, if required. ■ Redesign of the site grading to balance the cut/fill on the site based upon contractor input. SPECIAL SERVICES: DATA COLLECTION(Deer Meadow Park): Pacheco Koch will obtain the available hydrologic and hydraulic models and any previous flood studies related to Deer Creek located in the City of Fort Worth. We will obtain publicly available LiDAR Point Cloud data for the site. We will visit the site to review existing conditions. Included in this item: ■ Obtain available models; ■ Obtain LiDAR Point Cloud data; and ■ Site visit. 1/24/2022 Page 2 ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client") and Pacheco Koch Consulting Engineers, LLC, ("Pacheco Koch") for Consulting Services HYDRAULIC ANALYSIS (Deer Meadow Park): Pacheco Koch will perform a hydraulic analysis of the Deer Creek. The analysis will be based on publicly available LiDAR data. We will utilize the flows previously determined by models which shall be provided by the City of Fort Worth to define base flood elevations and floodplain inundation limits throughout the limits of the proposed project. The analysis will determine any impacts from proposed Deer Meadow Park Improvements. Included in this item: ■ Delineation of the [100-year] pre-project and post-project floodplains; Not included in this item: ■ CLOMR/LOMR permitting through FEMA. ■ Floodplain reclamation plans; and ■ Sizing of culverts/bridges. NARRATIVE DRAINAGE REPORT (Deer Meadow Park): Pacheco Koch will prepare a narrative drainage report based on the drainage analysis referenced above. The report will document the procedures and findings of our analysis and will be submitted to the City for approval. Included in this item: ■ Narrative drainage report. ■ Floodplain work maps. ■ Technical documentation. ■ Coordination with the City. Not included in this item: ■ City review fees; and ■ Supporting site civil plans. 1/24/2022 Page 3 ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client") and Pacheco Koch Consulting Engineers, LLC, ("Pacheco Koch") for Consulting Services Services not included in this contract: • Construction inspection services • As-built surveys of constructed improvements • Public hearings or City Council/Commission meetings • Utility coordination meeting(s) to start relocation process with affected franchise utilities • Reset property corner monumentation disturbed or removed during or after construction • Required application and permitting fees (LOMR) or special insurance premiums are not included • Phase II Environmental Site Assessments • Storm Water Pollution Prevention Plans (SWPPP) • Boundary and topographic surveying • Preliminary and final platting • Zoning change assistance • Site Plan layout • Traffic and parking studies • Demolition Plan • Retaining wall design • Design of screening walls, light pole bases, transformer or generator pads, hardscape features, pavers and/or site signage • Detailed layout of walks and hardscape areas, including scoring patterns • Design of any underfloor drainage systems or grading • Design of french drain systems around the building perimeters • Landscape Plan and Irrigation Plan • Site Lighting Plan • Signage Plan • Off-site roadway, drainage, and utility extensions/improvements • LEED pursuit • Construction staking END OF ATTACHMENT `A' 1/24/2022 Page 4 ATTACHMENT B to Agreement between the City of Fort Worth, Texas ("Client") and Pacheco Koch Consulting Engineers, LLC, ("Pacheco Koch") for Consulting Services ATTACHMENT `B' — COMPENSATION AND METHOD OF PAYMENT MCPHERSON PARK, DEER MEADOW PARK, & TIM WATSON PARK DRAINAGE SUPPORT COMPENSATION: For all professional services included in EXHIBIT `A', Scope of Services, Pacheco Koch shall be compensated a lump sum fee of $45,000.00 as summarized below. The total lump sum fee shall be considered full compensation for the services described in EXHIBIT `A', including all labor materials, supplies, and equipment necessary to deliver the services. Basic Services Drainage Study Technical Memo $30,000.00 Pre & Post Drainage Area Maps (Tim Watson, McPherson, Deer Meadow Park) $15,000.00 TOTAL $45,000.00 Special Services - To be added through future amendment if needed Data Collection $2,000.00 Narrative Drainage Report (Deer Meadow Park) $4,000.00 Hydraulic Analysis (Deer Meadow Park) $10,000.00 METHOD OF PAYMENT: Pacheco Koch shall be paid monthly payments as described in Article 3 of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of Pacheco Koch. Monthly statements for reimbursable services performed by sub consultants will be based upon the actual cost to Pacheco Koch plus ten percent (10%). Direct expenses for services such as printing, express mail, fees, mileage and other direct expenses that are incurred during the progress of the project will be billed at 1.1 times Pacheco Koch's cost. END OF ATTACHEMTN `B' 1/24/2022 Page 5 ATTACHMENT C to Agreement between the City of Fort Worth, Texas ("Client") and Pacheco Koch Consulting Engineers, LLC, ("Pacheco Koch") for Consulting Services ATTACHMENT `C' —AMENDMENTS TO STNADARD AGREEMENTS FOR ENGINEERING SERVICES NOT USED 1/24/2022 Page 6 ATTACHMENT D to Agreement between the City of Fort Worth, Texas ("Client") and Pacheco Koch Consulting Engineers, LLC, ("Pacheco Koch") for Consulting Services ATTACHMENT `D' —SCHEDULE Deer Meadow Park, Tim Watson Park, McPherson Park Drainage Support Estimated Estimated Activity Duration Completion weeks After N.T.P. Notice-To-Proceed Drainage Report 3 total 4 4 Weeks Existing & Proposed Drainage Area 1 4 Weeks Maps (concurrently) (3 Existing Maps & 3 Proposed Maps) The CONSULTANT is not responsible for delays beyond its control. This schedule does not reflect owner review time, agency review time, time needed to address any City comments. If special services are requested, this schedule will need to updated accordingly. END OF ATTACHEMENT `D' 1/24/2022 Page 7 L s Attachment E _ - ir 1 ` 4 :'Moo , t 41 . �+ p � a FORT WORTH. McPHERSON PARK 1229 McPherson Rd COUNCIL DISTRICT No. 8 Attachment E ~ I. t. • 1 I � I f JJJ • . • '. v J, FORT WORTH. DEER MEADOW PARK 11600 OAK GROVE RD. S. COUNCIL DISTRICT No. 6 lb Attachment E � Y y Jim - _ t_ M r. 1 Y . FORT WORTH. TIM WATSON PARK 8851 S. NORMANDALE ST COUNCIL DISTRICT No. 3 From: Black,Douo To: Gonzalez.Carlos M.Jr. Cc: Soto.Vania Elizabeth Subject: RE:CSC No.57150 Error Question Date: Friday,March 18,2022 9:46:25 AM Attachments: imaoe007.ono imaoe009.ono imaoe010.ono imaae011.ono Carlos—you can strike through the error and write in the correct number.Vania Soto can help you as to whether she can simply replace the one page or scan the whole document anew. Thanks, Doug Douglas W Black Senior Assistant City Attorney 200 Texas Street Fort Worth,Texas 76102 817-392-7615 Direct Doug.Blackpa fortworthtexas.gov City of Fort Worth—Working together to build a strong community. FOR RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT CONMIUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e- mail is strictly prohibited.If you have received this e-mail in error,please immediately notify Doug Black at the City of Fort Worth City Attorney's Office(817) 392-7615. From:Gonzalez,Carlos M.Jr. Sent:Thursday,March 17,2022 16:14 To:Black,Doug<Douglas.Black@fortworthtexas.gov> Subject:CSC No.S71SO Error Question Doug, I'm sorry to interrupt your vacation!Unfortunately,I have a fully executed contract with the wrong capital project number(CPN).The CPN number is supposed to be 102319 but is showing 102318.Please let me know what needs to be done to get this corrected?Let me know if you have any questions. This AGREEMENT is between the City of Fort Worth,a Texas home-rule municipality ("CITY"), and Pacheco Koch Consulting Engineers, LLC., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Park Improvements at McPherson Park, Deer Meadows Park and Tim Watson Park—Project No. 102318, 102324, & 102336. Carlos M Gonzalez Project Manager Park&Recreation Department (817)392-5734 carlos.gonzalezga fortworthtexas.gov Citity�ofFFoort Worth—Working together to build a strong community. FOR i Follow Fort Worth E M wk