HomeMy WebLinkAboutContract 45304 CITY SECRETARY
CONTRACT NO.1
CITY OF FORT WORTH, TEXAS(PRIVATE )
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
'Thi's AGREEMENT is between the City of Fort, Worth, a Texas ho me-ruler unicipality
the "CITY"), and Williams Scotsman authorized to do business in Texas, an independent
c ntractor ("Consultant"), for a PROJECT generally described as-. Meacham Field Modular
Project.
Article I
,Scope of Services
(1) Consultant hereby agrees to, perform as an independent contractor the services set
forth in the Scope of' Services attached hereto as Attachment "A". These ,cries
shall be performed in connection, with Meachaml Airport M�odul�ar Project.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsuitants, subcontractors and/oir
su p fliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
(3,) Attachment C — Amendments To Standard Agreement For Professional Services is
attached hereto and made a part of this Agreement.
Article 11
Compensafion
Consultant shall be compensated in accordance with the Fee, Schedule shown in
Attachment "B". 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 $14,500.010 unless the
City and, the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30)! days of the uncontested performance of the particular
V01111 services so ordeired and receipt by City of Consul'tant's invoice for payment of' s,ame.
w.
Acceptance by Consultant of said payment shall operate as a�nd shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furni'shed in
connection with the services for whlich payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PM0 Off icial Release Date" 1/281/2013 Williams Scots man,rev 1/14/14
Page I of 8 OFFICIAL RECORD
q'
0
F
ECORD
I TY SECRETARY
FTe WORTH9 TX
Article III
Term
Unless terminated pursuant to the terms herein, thlis Agreement shall be for a term of 1 year,
beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder .as an, indleplenidenit coinitractor, and not as an officer,
agent, servant, or emp,loyee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work, to be performed hereunder and: all persons
performing same, and shall be solely responsible for the acts, and ornissions, of its officers,
agents, employees,, contractors and subconitracto,rs. The doctrine of respondent superior
shall, not apply as between City and Consultant I its officers, agents, employees,, contractors,
ands subcontractors,, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and, Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local,, state and national boards, bureaus and agencies., Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas, Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liabillity for any damage caused by or resuffing from an act of negli,gence,
intentional tort,i intellectual property in1fringernent, or failure to, pay a
subcontractor or supplier committed by the Consultant or Consultiant's agent,
consultant, under contract,, or another entity over which the Consultant's
exercises control.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date: 1/281/2013 Williams Scotsman rev 1114114
Page 2 of 8
Article V1
Insurance
(1) Consultant shall not commence work unider this Agreement until it has, obtained all
insurance requ,ired under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all' similar insurance of the subcontractor has been so obtalined and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1 1000,10100 each accident or reasonably equivalent limits of
coverageif written on a split limits basis). Coverage shall be
on any vehicle used in the course, of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,0100 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2,) Additional Insurance Requirements
a. Except for employerl's liability insurance coverage under, ConsultantIs worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consul�tant's insurance policies.
b. Certificates of insurance shall be delivered to the Aviation Department, Attention'.
Ruiseena Johnson, 4201 North Main Street, Suite 200, Fort WorthjX 76106, prior
to commencement of work.
c. Any failure on part of the City to, request required insurance documentation shall
not constitute, a waiver of the insurance requirements, specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimurn thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of not -payment of
premium.
City of Fort Worth,Texas
Standard Agreement for Professional'Services
PMO Official'Release Date 1/28/2013 Williams Scotsman rev 1/14/14
Page 3 of 8
e. Insurers must, be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance,, in, lieu oftraditional insurance, City
., a a
may consider alternative coverage or riSK treatment measures through insurance
pools or risk retention, groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of su!brogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known, loss occurrence which,
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of iinsurance
required herein.
1. Upon the request of City, Consultant shaill, provide complete copies of' all
insurance policies, required by these Agreement documents.
Artlicle VIII
Transfer or Assignor
it and Consultant each bind themselves,
and their lawful successors and assigns, to this
Cy
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the Cit ►.,
Article VIII
Terminafilon of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault, of the other and does not
City of Fort Worth,Texas
Standard,Agreement for Professional Services
PLO Official Release Date: 1/28/2,013 Williarns Scotsman rev 1114/14
Page 4 of 8
.....................-.1.1................................11..........
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commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon, receipt of notice of
termination, Consultant shall' discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2, of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3),All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, .shall be
or become the property of the City, and shall be furnlished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books,,, documents, papers and records, of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
apipropri�ate or space in order to, conduct audits, in compliance with the provisions of
-this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include, in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until' the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hour's to all subl-
coinsultan�t facilitiesly and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
glive Consultant and any sub-conlsuiltant reasoiniabile advance notice of in�tenld�ed
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published 'in the Teas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date;1/28/2013 Williams Scotsman rev 1/14/14
Page of 8,
Article X
Minority Bus,i nee s,s, and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise, Ordinance No:. 20020-12-20111
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts,. Consultant acknowledges the MBE and S
goals established for this Agreement and its accepted written commitment to, MBE and SBE
participation. Any ml I isrepresentatioln of facts (other than a negligent misrepresentation)
and/or the colmmisis,ioln of fraud: by the Consultant may result in the termi:nation of this
Agreement and debarment from participating in City contracts for a period of time of not less
than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comipily with all federal, state, and local law's and
regulations, and with all City ordinances and regulat.ions which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws,
ordinances andi 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 shell be considered. Consultant 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.
Article X11
Venue and Jurisdiction
If any action,,, whether real or asserted, at law or in equli!ty, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article X111
Contract Construction
The Pad'.ies acknowledge that each party and, if it so chooses,, its counsel have reviewed:
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting i party must not be employed in the
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO official Release Date: 1/28/2013 Williams Scotsman rev 1114/14
Page 8 of 8
interpretation of this Agreement or any amendments or exhibits hereto.
Arlin le XIV
Severabillity
The provisions of this Agreement are severable, and if any word, phras, , clause
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circurnstance shall ever be held by any court of competent Jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause,, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices, to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S., Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below-.
City of Fort Worth
At n: Aviation Department/ Ruseena Johnson
4201 No Main Street, Ste 200
Fort,Worth, Texas 76106
Consultant:
Williams Scotman, Inc.
Attn- David Sanders,/Sr., Account Manager
4742 Blountstown Hwy.
Tallahassee, FL 32304
Article XVII
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of'Fort Worth,Texas
Standard Agreement for Professional Services
PM O Offiici,al Release Date'. 1/28/2013 Williams Scotsman rev 1/14/14
Page 7 of 8
Article XVIII
Counterparts
This Agre nit may be executed' ire one or more counterparts and each couniterpIart shall,
for all purposes, be deemed an original, but all such couinter parts shall together constitute
but one, and the same Instrument.
Executed and effective this the.,
BY BY
CITY OF FORT WORTH CONSULTANT
Williams Scotsman, Inc.
411� "401
1011M ..........
Fernando Cost an le E. Chiamp miss
6/
Assistant its Manager Sr. Contract Administrator
Date //Z Date:
F
APPROVAL RECOMMENDED:
Aviation Department
Director, William Welstead
APPROVED AS, TO FORM AND LEGALITY M&C No.: k
By*- �'Vt tAu M&C Date:
Michelle Kretz
I
Assistant City Attorney
0/ATTEST- qo*D'Ooft0110
110
00
y
Mary, . Kay,
it Secreta
City of Fort Worth,Te�xas
Standard Agreement for Professional SIervices
R
PM O Offivial iele�ase, Date, 1/28/2013 Wflfiarn s Scotsman rev 1/1,4114 LOFFICIAL RECORD
Y
Paigie 8 of 8 C Ty S JET
9
CITY SECRETARY
I C1
F T
'To WORTHO wrX
WORTH,Ir
"ATTACHMENT A—SCOPE OF SERVICES
TO CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
Preliminary exploratory services ("Services") related to the installation of an approximately 30,000 sq. ft.
Modular Bulilding for use at the Meacham Airport Project Site,
The Services shall consist of the following:
Conceptual Civil Development Plans, Could include conceptual grading, drainag'e and
utility plans for the project to define site development requirements and to be used in
conceptual pricing exercises.
a. One (1) revision to the plan to reflect site plan changes as a result of Owner or
others,comments,.
b. Proposed finished floor elevations, contours and spot elevations as required.
C. Propo�sed on-site drainage system.
d. Proposed water and sanitary sewer services
e. (1)Day of field work to tie critical utilities and elevations.
f. (1)Day meetings with (.ity of Fort Worth utility divisions and P C meeting,
Any work not specifically shown herein is excluded and shall not be part of Consultant Services nor
included in the Compensation Amount.
Page I of I
Attachment A to City of Fort wortli Professional service Agreement 12/18/13
ATTACHMENT B—FEE SCHEDULE
TO CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
The Compensation amount of $14,5001.001 shown in the Agreement is a lump sure amount for the
performance of those Services outlined in Attachment A to the Agreement.
Any Services which are not shown in Attachment A shall be considered Additional Services and subject
to Change Order. The Additional Services, the change to the Compensation Amount and any additional
time required for performance of the Additional Services, shall be covered by mutually agreed upon
Change Order.
Page I of I
Attachment B to-City of Fort,worth Professional Service Agreenicnt 12618/13
SPACE. ELY
SCOTSMAN
Schedule Values
Standard' Agreement for Professional Services
1. Pacheco Koch proposal for services $7,500.00
2. Labor Rates for meetings and additional services $
a. Pacheco Koch Project Man Coord - 20 Hr 1�2 r
b. Williams Scotsman Acct Man - '010/1- r 2/'1-1r
c. Williams Scotsman Prof Man _ 60/Hr (24/1-1,r)
3. Per Diem and Ref bursa les $85x.00
a.: Pacheco Koch Per Diem - $1!100/Day @ (2/d),
. Pacheco Koch all lwance $25
c. Williams Scotsman Per Diem - 1251 (5/d)
4. Williams Scotsman Profit (12.5% of cosh �� �"
J,"4 Pacheco Koch
ummmmmwmtmmmmnm, m,",,
December 4,20113
P,K N o. 325 7-01001
Mr. David E.Sanders
Senior Account Manager
WILLIAMS SCOTSMAN
4742 Blountsfown Hi11
hw a r
Tallahassee, Flo6da 323,04
Re: Professional Civ ill Engineering Services
MEAL HAM INTERNATIONAL,AIRPORT
Conn eptuall Site Study
Fort Worth, Tarrant Count, Texas
MAPSCO., F33 T
Dear Mr.Sanders:
Paicheco Koch, LLC is pleased to submit this proposal to provide professional civil' engineering
services relating to the referenced project., It is our understanding the project consists of a report
to outline the site development requirements related to the construction of various buildings on
two (2) sites, totaling approximately 7' acres, at Meacham, International Airport in Fort Worth,
Texas and 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 ot,,ir perception of the services to be provided by Pacheco Koch for the referenced
project:
Engineering Services
CON_CE
,ffUA CIVIL DEVELOPMENT PL NS Based on a site plan provided by owner
Pacheco Koch Will prepare Conceptual' Grading, Drainage and Utility Plans for the
project to define site development requirements and to be used in conceptual pricing
exercises performed by the contractor. This item shall not be construed as final
engineering plans'.
Included in this item:
One (1) revision to the plan to reflect site plan chainges as a result of Owner or
Architect comments., Additional changes W11I be made on an hourly rate basis.
Proposed finished floor elevations,contours and spot elevations as required.,
Proposed on-site drainage systems.
■ Proposed water and sanitary sewer services.
One (1) day of field work to tile c6fical utilities and elevations.
Not included in this item:
0 The design of any off-site storm sewer or drainage improvements.
■ The design of any off-site water,sewer, paving.
IN The design of any storm detention plan.
a Building elevations and landscape plan.
IN Site plan.
a Final Engineering Plan
6100 Western Place. a Suite 1.001 a Fort Worth,TX 761107-4654 T:817,412,7155 F.81T412.7156 pkcecom
Mr. David E.Sanders
December 4, 2 1
Page 2
Based on our understanding of the scope of services, the following items are not included in this
prolpos CIA.
1. G,eolfechnical investigation
2. Environmental investigation
3. Wetlands determination and permitting
4. Boundary surveying
5. Preliminary and final platfing
6. Site Plan layout
7. Demolition Plan
8. Coordination of gas, electric, telephone and cable television 'service
9. Retaining,wall design
110,. Design of screening walls, light pole bases, transformer or generator pads, hialrdscaple
features, pavers and/or site signage.
11. Detailed layout of walks and hards,cape areas,including scoring patterns.
12. Design of any underfioor drainage systems or grading.
13. Design of french drain systems around the building pe(imeters.
14. Dedications of easements and/or ri'ghf-of-"tea" by separate instrulmenit
115. Landscape Plan and Irrigation Plan
1,6. Site lighting Plan,
17. Slignage Plan
18:. Bid phase services including preparation of bid forms, solicitation of bids and
coordlinafion with prospective bidders
19. Construction phase services including review of pay requests, review of shop,
drawings,construction observation, and job progress meetings
20. Construction staking
21. Preparation of Record Drawings
22. Final Engineering Plan
231. Topographic Design Survey
SCHEDULE
Pacheco Koch acknowledges the importance to Williams Scotsman 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. Williams Scotsman understands, however,, that Pacheco
Koch's performance must be governed by sound professional pracfices. 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, than the time for completion, of Pacheco Koch's services, and the rates and
amounts of Pacheco Koch's compensation, shall be adjustedi equitably. If r,equeste�d, Pacheco
Koch would be pileased to develop a project sche�dule 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, exclusive of direct reimbursable costs, at,$7,500.00.
Mr. David E.Sanders
December 4, 2013
Page 3
SUMMARY
This pro osal�, unless otherwise noted, cons-l-itutes our understanding of the services to be
provided by Pacheco Koch, LLC on fhe project described above,. This proposal is offered for a
period of thirty (30) days after which, if said proposal has not been executed, said proposal
should no longer be valid.
Pacheco; Koch, LLC Is pleased to have this opportunity to submit this prop sal and took forward
to working with you on this project. If the proposal and accompanying agreernent is,
acceptable to you as presented, please execute one copy of the agreement for and return
one original copy to our office. Upon receipt of notice to proceed, eiiher in writing or verbally, it
will be assumed said agreement is accepted by all parties and services will be provided
accordingl y. If you have any questions or would like any additional information, p1lease do not
hesitate to call us,at your convenience.
Sincerely,
Brian D.O'Neill, P.E., CFM
MLL/dmc
01-12732
~
Pacheco Koch
EXHIBIT A
MEACHAM INTERNATIONAL AIRPORT 6100 Westem P/ace I STE 1001
Fort Worth, 7X 76107
DESIGN SURVEY (817)412-7155
December 4, 20113
Vi-
NOTES DATUM
ISI'TE ONE B,ACKGROUN�D IMAGE FROM NAD 1983 TEXAS STATE PLANE
BING AERIALS NORTH CENTRAL ZONE FIP'S 4202
r HOP`
nii, SITE TWO
Ct
0 100 200
ni Feet
I inch, 200 feet
cc
h,
Pacheco Koc:
STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES
(Rates are subject to,change at any fi'me.)
Reprodu�ction-
Black Line Bond Prints..................................................................-_...........................$ .5 /s
Black Line Vellum Prints................................1................................................... 1.50/s
Black Line Mylar Prinfs............................................. .......................:................ $2*00/sf
Color Bond P lots......... ..........................................................................................$3,00/sf
Color Prinfs (8 1/2" x I VI) ...................... ....... ................................ .....................$ 1. ea
Photocopies (8 1/2 x 11") ....................................................#,*................... 0,1 O/ea
Monumentation (Materials Only).-
3" Alumin.um Disks...... ...... ...... ...... ........*........$25-00/ea
Mounting.-
Foam-core (3/16")..................... ...................O..#t........om......... $4.00/sf
Binding Services.*
Punch & Bind..........................................................................................................$2.00/ea
Storage Media.*
CD..............................*............................... ................... ..........................$8.00/ea
Travel Expenses.-
Per Diem (Lodging/Meals)....'.......... ....... ................................'$ 1 O�O�.00/Day/Person
rev. 08/2009
61 00 Western Place a 5u I te 100*i For I Worth, 'rX 76107-465A T,817,4121155 P 817.412.7 156 s Pkcc-.',.,coni
AGREEMENT FOR PROFESSIONAL COINSULTIING SERVICES
Meacham International Airport-Runway 27
Fort Worth,Tarrant Coun,ty,Texas
PK No.- 3257-0100
This Agreement is made between Pacheco KoIch, LLC,a Texas,limited liability company, (hereinafter referred to as"PIK")whose mailing address,
is 6,100 Western Ploce,Suite 11D01,Fort Worth,Texas 761'07,and Williams Scotsman (hereinafter referred to as"CLIENT"),whose maHing address is
4742 Bl'ountstown Highway,'Tallahassee,Florida 32304,and is subject to the following terms and conditions to which the parties mutually,agree:
ARTICLE 11 -SCOPE OF SERVICES
]'I In consideration of the mutual covenants contained hereini, PIK shall perform the services identified in letter of proposal clated
December 4,2013,wh�ich is made a part hereof,in accordance with the terms of this Agreement.
11�2 P,K wili commence the services upon receipt of an exec�u�ted copy of this Agreement signed by an authorized representative of the
CLIENT and'by an auth&zed representative of PIK,
1.3 PK shall not be responsible for a CLIENT 1,s directive or substitution,made without PK's agreement and which agreement shall not be
unreasonable withheld.
ARTICLE 2-AMENDMENTS
2.1 CLIENT,without invalidating,this Agreement, may request chan�gles within,the general scope of the Service required by this Agreement
by alte�ngi or adding to the Services to be performed, and a:ny such changes in the Services shall be performed subject to this
Agreement. Upon receiving the CLIENT's,request, P,K shall return to CLIENT a written change proposal setting forth an adjustment to
the services and cost estimated by PK to represent the value of the requested changes., Following CUEN'rs review of PK':s change
proposal',CLIENT shall execute said written proposal authorizing PIK to perform the changes in the Services.
ARTICLE'3-PROJECT COSTS AND PAYMENT
3.1 PIK shall be coImIpenisated, in U,S. Dollars, in accordance with the,afore referen�ced letter of proposa�and any subsequie�n,t executed,
amendments to said proposall.
3.2 Unless oiherwise noted, direct costs such as application fees, review fees, blueprinfing, reproductions, delivery fees, etc. are not
included in the fees above and will'be charged at cost times a muffiplierof 1.10.
3�.3 State and local sales fox shall' also be considered a direct, cost when applicable and �will' be charged at cost. Please note that
Professional boundary surveying services ore subject to state sales tax,
3.4 PK will submit an invoice to CUENT at the end of each month, on an hourly rate basis or based on the esitimated percentage o�f
completion,of the services as stipulated in the. proposal,unless otherwise specified by the CLIENT in writing and agreed upon by M
3.5 Payment shall be made by CLIENT within 30 days after receipt o�f the invoice.
3.6 PK shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the subject property is
finalized.
3�.7 CLIENTshall provide written notification to PIK within 15 d'aIy�s of receipt of the invoice should CLIENT object to all or any part of charges
aopearing on the Invoice. The portion of the invoice that is not in dispute shall be paid by CLIENT within 30 days of receipt of said
invoice.
�3,8 If legal action is necessary to enforce payment provisions of fts Agreement, PK shall be entitled to,collect from CLIENT any judgment
or settlement sums due,reasoinabile attorneys' fees,court costs and expenses incurred by PK in coinnectioIn therewith.
3.9 A finance charge of 1.501%per month will be paid by CLIENT for all non-disputed,inivolices aIfter 30 days.
3.10 If CLIENT for aIny reason fails to pay the undisputed portion,of any invoice within 30 days,of presentation,PK hals the riglht to:cease work
on the project and CLIENT shall waive any claim against PIK for cessa�tion of services, and shall defend and indernnify PIK from and
against any clalims for injury or loss stemming from said cessation of services. In the evenit the project,is restarted,CLIENT shall also pay
the cost of restartimg: and shall renegotiate appropriate contract terms and conditions, such as those associated' with budget,
schedule or scope of service.
ARTICLE 4-DELAYS AND'YERMINATION
4.1 CLIENT or PIK m,ay terminate th,is,Agreement upon forty-eight(48)hours written notice should the other party fail substantially to perform
in accordance with the terms and condifions of this Agreement through no fault of the terminating party. A complete settlement of a�ll
claims upon such termination of this Agreement shall be made as foHows: In the event of any termination PIK will be entitled to invoice
CLIENT and to receive fuIll payment for&I services performed or furnished in accordance with this Agree�mienIt and all Reimbursable
Expenses incurred through the effective date of termination. Upon making such paly,ment, CLIENT shall have the limited right to the
use of Documents, a,t CLIENT's sole ri�sk,s,ubject 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 PK, including, buIt not limited to strike, fire, hot,
excessive precipitation, act of God, govern me ritall action, th,ird, party action or acbon of omission by CLIENT, the services shall' be
amended by CLIENT and PK in,accordance with Article 2 of thi's Agreement.
4.2 if the CLIENT suspends the Project, PIK shaill be compensated for services performed prior to notice of such suspension. When the
Project is resumed,PK shall be compensated for expenses incurred In iheinterruption and resumption of PK's services. PKI's fees for the
remaining services and the fime schedules shall be e�quiltably adjusted.
4.3 If the CLIENT suspends the Project for more than 90 cumulative days for rea,son�s other than the fault of PK, PK may terminate thIis
Agreement by giving not less than seven (7)days'written notice.,
4.4 CLIENT's failure to make payment to PIK In accorda,nce with the payment terms herein shall constitute a material breach of this
Agreement and shall be cause for termination by PIK.
ARTICLE 5-RIGHT OF ENTRY
5.1 CLIENT shall provide for PlI right to enter from time to time,propIerty owned by CLIENT and/or others in order for PK to fulfilil'the scope
of services included'hereunder.
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RTICLE 6-INFORMATION PROVIDED BY OTHERS
6.`1 PK shall indicate to CLIENT the Information needed for rendering of services hereunder,and CLIENT shall provide to PK such information
as is available to CLIENT, CLIENT reco�gnize�s that it is impossible for PK to assure the sufficiency of such information,either because it is
impossible to do so, or because o�f erro�r's or omissions, which may have occurred in assembling, the information. CLIENT shall be
responsible for,and'PK ma.y rely upon,the accuracy and completeness of ali re-qu,irements, programs,instruictio�ns,reports,data,and
other information furnished'by CLIENT to PK pursuant to this Agreement. PK may use such requirements,programs,instructions,reports,
data, and information in, performing or furnishing services under this Agreement. Accordingly, CLIENT waives any c�airn against PK,
and agrees to defend,indemnify and hold PK harmless,from,any claim or liability for injury or loss allegedly arising from errors,omissions,
or inaccuracies in documents or other information provided to PK by CLIENT. Further,CLIENT agrees to compensate PK for any time
spent or expenses incurred by PK in defense of any such claim,, with such compensafion to be based upon PK's prevailing fee
5ch�edule and expense reimbursement policy.
6.2 Subject to the standaird of care se,t forth here within, P,K and its Consultants may use or rely upon design elements and in,formation
ordinarily or customarily furnished by others, including,, but not limited to, specialty contralctors, manu,facturers, suppliers, and the
pubilishiers of technical standards.
ARTICLE 7 1-CONSTRUCTION ACTIVITIES
7.1 CLI'EN'T'agrees that the General'Contractor is solely responsible for job site safe�ty 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 rnade evident in CLIENT's agreement with the.Genera I Contractor.
7.2 Unless otherwise required in this Agreement P,K 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.
ARTICLES-CONFIDENTIALITY
8.1 PK shall main fain,as confldentia 1,and not disciose to others withouit CLIENT's prior written,consent,all information obtained from CLIENT,
nolt otherwise previously known to,PK in the public domain. The provisions of this parograph shall not apply to information in whatever
form which (i)is published or comes into the public domain thirough no fault of PK, (ii) is furnished by or obtained from a,third party who
is under no obrigaflon 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.PK will notify CLIENT in writing immediately if information,is requested under item (fli),
above, PK shall keep such information strictly conficlentialand shall not disclose i't to any other person except to(i) its empiloyees,, (ii)
those who need to know the content of such information in order to perform services or construction solely and exclusively for the
Project,or�ffi)it's consultants and'contractors whose contracts include similar resteictions on the use of confidential informafion.
ARTICLE 9-OWNERSHIP OF INSTRUMENT OF SERVICE
9.1 All reports,plans,specifications,fieldi data,field notes,callculations,estimates and other documents prepared by PK,as instruments of
service shall remain the pro�perty of PK. PK shall retain these records for a period of five (5) years following completion of services,
during which period they w0: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, 1!21100 Park 35 Circle, Bldg. A, Suite 156, MC-230, Austin, Texas, 78753, (5112) 239-5263,. Comiplainits regarding surveying
services rendered may be addressed'to that agency. The firm registration number is TBPLS No. 10008000.
i O�.2 This Agreement is to be govemed by the laws of the State of Texas.
AKrICLE 11 -INDEMNITY
11.1 PK shall indemnify and hold harmless CLIENT from and against lawsulits,claims,liabilities,ca,uses of action, losses,damages,forfeitures,
penalfies, fines, costs and expenses, including, but not limiited to, reasonable attorney's fees and expenses, by whornever asserted,
including,but not llimfted'to,any government agency or branch,or any third party to the extent the same arise from (I)a breach,by PK
of any term or provision of this Agreement, (4) violation by PK of fed:era,[, state or local statute, rule, regulation or ordiinance in the
negligent performance of the Services, or (iii) negligent errors or omissions of PK 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 PK and its officers, directors, members, partners,
agents,lemp�loyees,and Consultants from and aga�inst any and al'i claims, costs, losses,and damages (including but not limitedto,all
fees and charges o,f engineers, architiects, attorneys ain�d other professionals, and all court, arbitration, or other dispute resolution
costs), by whomever asserted,including,but not limlited to,any government entity,agency or branch,,any third party,an employee,
contractor employed or retained by PK, any third party or employee employed or retalined by PK, to the extent that such claim,
property damage, injury or death,resulted from (i) the negligence or willful miscoinduct of CLIENT or agent of CLIENT, (ii) violation of
federal,state,or local,statute,rule,regulation or ordinance by CLIENT or agent of CLIENT, (ii,i)CLIENT's alleged involvement or,status as
an owner, operator, arranger, generator or transporter of hazardous s�ibstanices or constituents at the site, oir (iv) inaccurate
information provided by CLIENT to PK provided that(i), ainy such claim, cost, loss,or damage is attributable to bodily injury,sickness,
disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss, olf use resull'ting
therefrom, and (ii) nothing in this paragraph shall obligate CLIENT to indemnify any individual or entity from, and against the
consequences of that individual's or entity's own negligence or willful misconduct.
ARTICLE 12-LIMITATION OFLIABILITY
12.1 CLIENT, through its outho�rized repiresenta!ti,ve,Identified below, and PK,have discussed their risks, rewards and b�enefits of the project
and PK's total fee for services. Neither PK, nor their cortsultants,agenits,or employees shaill be jointly,severally or Individually liable to
CLIENT in excess of one hundred thousand! ($ 100,000.00) by any act of omission, including breach of conitract or negligence, not
amounfing to willful,or intentional:wrong.
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12.2 If,due to PK's error, any required item or component of the project is olmitted from the construction documents, PK'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 item or
component b�een included in the construction docurnents. In no event will PK be responsible for any cost or expense that provides
betterment,upgrade or enhancement of the project,
12.3 CLIENT and PK mutually agree that PK's,liability to CLIENT for all causes shall be limited to the proceeds from any insurance!available to
PK.
ARTICLE 13FIDUCIARY RESPONSIBILITY
13.1 CLIENT confirms that neither PK nor any of PK's s,ubconis,ultants or subcontractors has offered a ny fiduciary service to the CLIENT and no
fiduciary responsibility shall be owed to the CLIENT by PK or any of PK's subconsulltants or subcontactors,as a consequence of PK'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 PK nor any of PK's
subconsultanfs owes as 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
agreementwith OWNER,
ARTICLE 14-INSURANCE
14.1 PK represents that it 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 PK Insurance
Certificate will be provided to the CLIENT,if requested.
ARTICLE 15-ASSIGNMENT
15.1 Unless otherwise noted, neither PK nor CLIENT shall assign this Agreement in whole or in part without the prior written consent of both
parties,PK shall not subcontract any portion of the work to be performed hereunder,except that PK may use the services of pers,on,s
and,entities not in the emp,loy of PK when it is appropriate and customary to do so. Such persons and entities include,,but are not
necessarily limited to,surveyors,specialized consultants,and testing laboratories. PK's use of others for additional services shall not be
unreasonably restricted by CLIENT provided PK nofifies,CLIENT in advance.
15.2 PK may,at their discretion,assign this contract to a subsidiary of PK. PK shall,notify CLIENT of their assignment at such time it takes
place.
ARTICLE 16-NOTICES
16.11 Any notice given hereunder shall be deemed served when hand-delivered in writing to an officer or other duly appointed
representative of the party to whom the notice is directed,or if sent by registered or certified m:ail 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,01F CARE
17.11 The standard of care for all professional engineering and related services performed or furnished by PK 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. PK makes no warranties,express or implied,under this Agreement or otherwise,in connection with PK's services.
ARTICLE 18,-OTHER PROVISIONS
18.1 The Agreement (including attached schedules) constitutes the sole and entire agreement between PK and CLIENT. This Agreement
replaces and supersedes all prior discussions and agreements between the CLIENT and PK with respect to the matters contained
herein. This Agreement may only be amended,supplemented, modified, or canceled by,as duly executed written instrument signed
by both CLIENT and PK.
18.2 Any signature of or pursuant to this Agreement,shall be considered for all purposes an original signature and of the same legal effect
as an original,provided that at the request of a party any signature sent by facsimile or email shall 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 shall be deemed stricken,
and all remaining provisions shall continue to be valid and binding upon CLIENT and PK, which agree that the Agreement shall 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 anyway on any Document unless it is issued in final form,signed or sealed by PK ororle of its Consultants.
18.6 A party's non•enforcement of any provision shall not constitute as 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, all 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,,PK and CLIENT indicate their acceptance and agreement with its terms.
W11111ams Scotsman Placheco Koch,LLC
BY: Y.,
4 Poo
N arr e: Name,: Brian D.ONeill,P.E.,,CFM
Title: Title: Hncipal
Date: Dat e,- December 4,2013
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Pacheco Koch,
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SCHEDULE OF STANDARD HOURLY BILLING RATES
(Our howdy rates are subject to change at any fime.)
ENGINEERING SURVEYING
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Principal.,...............................................$215.00/Hr. Principal...............................................$215.0 /Hr.
Senior Associate Principal......#......4.$2 1 O.W/Hr, Senior Associate Principal'...............$2 1 O,W/Hr.
Associate Principal............................$190.00,/Hr. Associate Principal...........................$190.00/Hr.
Se�n�ior Project Manager..................$140. /Hr.. Senior Project Manager..... ...........$1140.00/Hr.
Project Manager...................... .......$120.00/Hr. Project Manager.-............................$120.00/Hlr.
Project Coordinator.........................$1 20.00/Hr. Project Coordinator....,.....................$120,00/Hr.
Project Project Surveyor.......,.,...........w.............$95. /her.
Senior Technician.............................$1 1 0.00/H r. Survey Intern ......................... ........$90.,OO/Hr'.
Design Technician...............................$80.00/Hr. Senior Technician.......�.:.......................$90.00/1-1r.
Technician.........................................,.,.$75,00/Hr. Technician...........*................................$75.00/Hr.
Research,Coordinator........................$65.00/Hr. Research Coordinator.......................$65.00/Hr.
Technical Assistant.............................$. 0.00/H'r. Technical Assistant.............................$50.00,/Hr.
Ad'min,istra five Supervisor................$l12 . /Hrw Administrative Supervisor................$1210.00/Hr.
Senior A ini
dmstrative Assistant....,
�.....$80.00/Hr. Senior Administrative Assistant.........$80.00/Hr.
Administrative Assisfa:nf ................,....$70.00/H:r. Administrative Assistanit.....................$,701.00/Hr.
Expert Wifnes,s,Tesfimon,y.............,,,,$31501.00,/Hr. Expert Witness Testimony................$35 w /Hr.
Field Crew Coordinator.,...,,...............$105.00/Hr.
Survey Field Crew (1-person) ...........$95. /Hr.
Survey Field Crew (2-pers,on) .........$135.00/1-11r.
Survey Field Crew (3-person)....,.....$195.00/Hr.
rev. 11 2/2012
,610101 Western Place w Suite 1001 Forit Worth,TX 76107--4654 'r,81 412.7 15 5 F-81 7.4 1 2,7 1561 1 kce.corT-j,
ATTACHMENT C—AMENDMENTS TO
S"FANDARD AGREENMNT FOR PROFESSIONAL SERVICES
'The Standard Agreement For Professional Services (the "Agreement"), 'is amended as outlined in this Attachment C. In
the event of, ny conflict between the Agreement and Attachment C, Attachment C shall control
J. Amend Consultants name to Williams Scotsman, ,
2., Amend Article V, Professional Competence and Inds mnlification and Article!XI, Observe and Comply, to include the
following sentence:
"However, the Conceptual Civil Development Plans shall remain subject to change based on discussions with and
review by the City, each Field Airport personnel and all relevant City, State and local agencies."'
3. Article VJ, Insurance Subparagraph (2) is amended as follows.:
a. Except for worker's compensation/employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its o rs, employees and servants shall be endorsed as an additional
insured on Consultant's insurance policies. 4
d. Each insurance policy shall be endorsed to provide the City a minimum sixty days notice of cancellation, non-
renewal, and/o' r material change in policy terms or coverage. A ten days notice shall be acceptable in the event of
non-payment of premium.
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I. In tlie event of a, cla[m and, upon the request of City, Consultant shall provide complete copies of all *insurance
policies required by these Agreement documents.
4. Article VII I Tr or AssigLirnent is amended as follows:
City hereby acknowledges that Consultant shall obtain the conceptual design services through a subcontracted party who
is a State of Texas licensed Civil Engineer.
5. Article X, Minoritv Business and Small Business Enterprise (MLBE)(SBE) ParticipAfign - The City acknowledges that
there is no M13E or SBE participation goal for this Project.
6. Insert a new Article XV-11,Entire Aareement,as follows.*
"Article XV11
Entire Agreement
This Agreement contains, the entire contract between the parties, the assigns and successors in interest with
respect to the subject matter hereof and shall include the following Exhibit(s)which are attached hereto and a part of
this Agreement:
• Attachment A—Scope of Services
• Attachment B-:fee Schedule
• Attachment C—Arnendments,To Standard Agreement'For Professional Services
Attachment D—Schedule"
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Affachment C to City of Fort Worth Professional'Services Agreement 12130113
......................................
ATTACHMENT D—PROJECT SCHEDULE
TO CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
The following Schedule(s) are included as Exhib�it(s) to the Agreement:
1. Attachment D-I Meachern Exploratory SchedUle Dated 12/18/13 (1) Page
Page I of 5
Attachment D1 to the City of Ft Worth Professional Services Agreement 12/18/13
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