HomeMy WebLinkAboutItem 09 - Dog ParkMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
••RUMBELOW, CITY MANAGER �5
MEETING DATE: APRIL 19, 2016
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES
CONTRACT FOR CIVIL ENGINEERING, LAND SURVEYING
AND LANDSCAPE ARCHITECTURAL SERVICES FOR TWO
GRAPEVINE DOG PARKS
RECOMMENDATION:
Staff recommends Council approve a professional services contract with Pacheco Koch
Planning & Design for professional civil engineering, land surveying, and landscape
architectural services for two dog parks in Grapevine in the amount of $131,900. The
contract is attached for review.
FUNDING SOURCE:
Funds are available in account 121-48850-312-16-000061-0.
The development of dog parks in Grapevine was one of the highest priorities of the citizens
of Grapevine in the March 2015 Quality of Life survey.
Staff researched best practices for current dog parks in Texas and across the nation. After
a general understanding of what constitutes a dog park, staff put together an RFQ. Eight
firms submitted RFQs in November to the Parks & Recreation Department. After
evaluation by the multi -department team (Animal Control, CMO, PARD), four firms were
selected for interviews. The four firms made presentations to the evaluation team. The
team selected Pacheco Koch due to their process, team structure, and experience. At the
December 17, 2015 Parks & Recreation Advisory meeting the board reviewed the
selection of Pacheco Koch and recommended approval. At the April 5, 2016 Council
meeting, staff presented proposed locations, status update and next steps in the process.
Once the contract is approved, staff will begin the community input process.
This contract will move the dog parks forward in a substantial manner. Pacheco Koch will
design the parks, one in the north and one in the south part of town as discussed last
meeting with the Council. Further, the staff will bid and manage construction
administration as a way to reduce the professional services expenditure.
This expenditure is in line with professional fees paid by other cities for these services and
compare with what we are paying for our projects.
Staff recommends approval.
April 13, 2016
PK No.: 3774-0100
Mr. Kevin Mitchell
Director
GRAPEVINE PARKS AND RECREATION
1 175 Municipal Way
Grapevine, Texas 76051
Re: Professional Landscape Architecture Services
GRAPEVINE DOG PARKS
Landscape Architecture Services
Grapevine, Tarrant County, Texas
Dear Mr. Mitchell:
As you are aware, Pacheco Koch, LLC has been requested to provide services. These services
are as follows:
The project consists of the preparation of construction plans for two (2) public dog parks located
per Exhibits A & B, in Grapevine, Texas. The preliminary program includes a small restroom
building at each site, multiple paddock areas for differing dogs and rotations, parking for
visiting public, pedestrian circulation throughout, landscape and irrigation. Site lighting will be
provided for the facilities along with sewer and water services to the restroom buildings. This
proposal is developed with the anticipation that the City of Grapevine Parks and Recreation
department will act as the general contractor. As such, heavy construction detailing and
technical specifications will not be provided.
Basic Services
PROJECT DELIVERABLES AND SUBMITTALS: Pacheco Koch will provide plan deliverables
and graphics at the following milestones for each of the two parks on a simultaneous work
schedule:
■ Concept graphics and site aerials for a public meeting to gather information and
input.
■ Schematic design plans that includes;
o Overall Site Plan with all program elements shown
o Hardscape Plan with vehicular and pedestrian paving and fencing
o Landscape/Turf Plan
o Schematic Utility Plan for water, sewer and electric
o Cost Estimate
50% Construction Documents Plan Set
Final Construction Documents. Plan hard copies will be provided as requested and billed
as a direct reimbursable expense.
7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com
Mr. Kevin Mitchell
April 13, 2016
Page 2
PROJECT MEETINGS AND PRESENTATIONS: Pacheco Koch will attend and/or present at up
to eight (8) meetings during the design phase of work. These meetings are for both parks
simultaneously, not (16) meetings. The following are anticipated:
■ One (1) public meeting to gather input and present site locations and concepts.
■ One (1) meeting with representatives of the USACE to present concept designs and
hear any special restrictions or criteria required.
■ Two (2) parks board presentations to update them on the progress of the design and
gather input.
■ Up to four (4) meetings with the client and design team to coordinate efforts and
review progress.
BOUNDARY AND TOPOGRAPHIC BASE INFORMATION: Pacheco Koch will perform an on
the ground survey of both park areas under the direct supervision of a Registered
Professional Land Surveyor. The survey will be prepared in order to obtain information
required by the design team in the preparation of the site design.
Included in this item:
■ Locations of permanent improvements on and immediately adjacent to the site as
shown on Exhibit A and B.
■ Spot elevations on a 50 foot grid
■ Contours at one foot intervals.
■ Top of curb and gutter elevations for paving on and adjacent to the site with spot
elevations at key items such as the top of bank of streams.
■ Locations and common name and size of trees over 8" in caliper in areas where
intense site development is anticipated, or the outline of heavily wooded areas
elsewhere.
■ Location of visible utilities and appurtenances.
■ Location and sizes of underground utilities based on available record information.
■ Graphic representation of the Special Flood Hazard Area from the Flood Insurance
Rate Map (FIRM) published by FEMA for this area.
■ Research and graphic representation of recorded easements and deed restrictions.
SITE CLEARING AND GRUBBING PLAN: Pacheco Koch will prepare plans that designate
vegetation to be protected or cleared on each site, along with instructions for tree
protection and storing/stockpiling of topsoil.
PHASE I ENVIRONMENTAL AND DELINEATION OF WETLANDS: Pacheco Koch will provide a
Phase 1 Environmentaldocument and GPS delineation of wetlands on each of the sites to
assist in design that avoids permitting if possible.
SITE PAVING AND HARDSCAPE PLAN: Pacheco Koch will prepare plans for all hard surface
elements proposed for the site. This item also includes all other inorganic elements
required, such as mow curbs, fences, site walls and monument signage.
DIMENSIONAL CONTROL PLAN: Pacheco Koch will prepare a dimensional control plan
with benchmark data, dimensions and data points to physically locate the major items on
the site.
Mr. Kevin Mitchell
April 13, 2016
Page 3
GRADING AND DRAINAGE PLAN: Pacheco Koch will prepare a grading and drainage
plan for the project that will show existing grades, proposed contours and spot elevations
as required. This will include a Drainage Area Map, cut and fill quantities to balance the
site if possible, and storm sewer design for on- site work, if required.
STORM WATER POLLUTION PREVENTION PLAN COORDINATION: Pacheco Koch will
coordinate with the owner and contractor to ensure that the NOI and NOT forms are filled
out and submitted to the appropriate agencies.
WATER AND SEWER PLAN: Pacheco Koch will prepare plans for on-site water and sanitary
sewer improvements including manholes, cleanouts, fire hydrants, meters, mains and
restroom/irrigation services within the proposed development. Extensions of sewer and
water mains to the site itself are NOT included, but can be provided as an additional
service if required.
SITE ELECTRICAL PLAN: Pacheco Koch will provide through a subcontractor a site electrical
plan to extend service to any restroom building, parking lot lighting, or area lights for the
project sites.
SITE STRUCTURES: Pacheco Koch will coordinate and select from manufacturers a model,
finishes and options for project restrooms, pavilions, pedestrian bridges and shade
structures for the project as required. Each of these will be procured by the Owner through
Buy -Board or other such option. Each manufacturer will provide its own engineered,
signed and sealed drawings once models and finishes have been selected.
LANDSCAPE AND IRRIGATION PLANS: Pacheco Koch will provide landscape and irrigation
drawings for the site as required. Potable water systems from adjacent city mains are
anticipated for irrigation services.
BID AND CONSTRUCTION PHASE SERVICES: Pacheco Koch will provide bid and
construction administration services on an HOURLY basis as requested by the owner. The
owner will be notified on a regular basis of the cumulative total of services that have been
requested.
SITE ANALYSIS: Pacheco Koch will provide site analysis for up to four (4) specific sites in the
vicinity of North Grapevine, and up to four (4) specific sites in South Grapevine
Included in this item:
■ Download and preparation of a LIDAR based site aerial photography to act as a base
map for all sites.
® Site visit to document size and condition of existing property in its current state.
■ Evaluate each site for basic criteria of available site development area, vehicular and
pedestrian access, flood plains, existing and nearby utilities, existing
vegetation/amenities, and overall general suitability for the proposed use.
■ Develop one (1) graphic for each potential site with suitability described for each (for
a total of up to eight (8).
Not included in this item:
■ Field topographical survey or deed research beyond existing GIS data available.
Mr. Kevin Mitchell
April 13, 2016
Page 4
LANDSCAPE ARCHITECTURE CONCEPT PLAN SERVICES: Pacheco Koch will provide
Landscape Architecture Design services that consists concepts and schematic designs as
described below for each of two locations.
Included in this item:
■ Develop one (1) concept for the North site to demonstrate site is capable of fitting
needed components.
■ Develop one (1) concept for the South site to demonstrate site is capable of fitting
needed components.
■ Create Image boards and sketches as appropriate to demonstrate the concept intent
of each.
■ Produce concept estimates for North and South sites.
Not included in this item:
■ Permit Drawings, or Schematic Design Plans. It is anticipated that these services will be
scoped and contracted as an additional service.
Services not included (but may be provided for additional services as requested by the owner):
1. Geotechnical report. It is anticipated that this will be procured through the owner
separate from this contract.
2. Waters of the US Permits for construction.
3. Preliminary or Final Platting, preparation of easement documents, or abstract of title
for the properties.
4. Setting of corner monuments, or re -setting of control monuments disturbed during
construction.
5. Construction staking.
6. Hydrological flood models, analysis or studies that may eventually be required by FEMA
or the USACE depending on improvements proposed on each site.
7. TxDOT access permits. The southern site proposes using an existing entry to the site,
and does not include any revisions and associated permits to that entry.
8. Retaining wall design over 4' in height.
9. Record Drawings of finished construction.
10. Pump and filter systems required for use of non -potable water for irrigation systems.
Pacheco Koch acknowledges the importance to Grapevine Parks and Recreation 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. Grapevine Parks and Recreation
understands, however, that Pacheco Koch's performance must be governed by sound
professional practices. If, through no fault of Pacheco Koch, such periods of times or dates are
changed, or the orderly and continuous progress of Pacheco Koch's services is impaired or
Pacheco Koch's services are delayed or suspended, then the time for completion of Pacheco
Koch's services, and the rates and amounts of Pacheco Koch's compensation, shall be adjusted
equitably. If requested, Pacheco Koch would be pleased to develop a project schedule outlining
each of the items included previously described in the Scope of Services.
oil, 1 • ,.
Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total
fee, exclusive of direct reimbursable costs, as follows:
Mr. Kevin Mitchell
April 13, 2016
Page 5
SITE ANALYSIS
LANDSCAPE ARCHITECTURE CONCEPT PLAN SERVICES
SOUTHERN DOG PARK (+/- 9 ACRES)
Schematic Design:
50% Construction Documents:
Final Construction Documents:
Bid/Construction Administration:
NORTHERN DOG PARK (+/- 9 ACRES)
Schematic Design:
50% Construction Documents:
Final Construction Documents:
Bid/Construction Administration:
REIMBURSABLES
6,000.00
:•1100
of rc
$ 8,000.00
$ 21,000.00
$ 25,000.00
$ HOURLY*
SUBTOTAL:000
$
10,000.00
$
24,000.00
$
29,000.00
$
HOURLY*
SUBTOTAL: $
63,000.00
$
5,000.00 (estimated)
GRAND TOTAL: $
131,900.00
*Pacheco Koch proposes to provide the services listed above which are noted as "Hourly" on an
Hourly Rate basis. A copy of our "Standard Schedule of Hourly Rates" is attached for your
reference.
Please note that the fees above are based on the assumption that Pacheco Koch will perform
the above services all together for this project. In the event any item is deleted from the scope of
work, Pacheco Koch reserves the right to adjust the fees for other items as appropriate.
This proposal, unless otherwise noted, constitutes our understanding of the services to be provided
by Pacheco Koch, LLC on the project described above. This proposal is offered for a period of
thirty (30) days after which, if said proposal has not been executed, said proposal should no longer
be valid.
Pacheco Koch, LLC is pleased to have this opportunity to submit this proposal and looks forward
to working with you on this project. If the proposal and accompanying agreement is acceptable
to you as presented, please execute one copy of the agreement form and return one original
copy to our office. Upon receipt of notice to proceed, either in writing or verbally, it will be
assumed said agreement is accepted by all parties and services will be provided accordingly. If
you have any questions or would like any additionalinformation, please do not hesitate to call us
at your convenience.
Sincerely,
r
Wade C. Peterson, R.L.A., LEED®AP
WCP/klo
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SCHEDULE OF STANDARD HOURLY BILLING RATES
(Our hourly rates are subject to change at any )
ENGINEERING
SURVEYING
PrincipoL--------------.
$225.00/Hc
PhnoipaL--------------.$225.0O/Hr.
Associate Principal ..........................
$2OO.O0/Hr.
Associate Principal ..........................
$200.00/Hc
Oireotor--------------'.
$200.00/Hr.
Director ..............................................
$2O0.00/Hr.
Senior Project Manager ..................
$|5O.00/Hr.
Senior Project Manager ..................
$l5OD0/Hr.
Senior Project Coordinator .............
$l608O/Hc
Senior Project Coordinator .............
$l5UD8/Hc
Project Manager .---------$l2D.0O/Hr.
Project Manager ---------.$|20DO/Hr.
Project Coordinator ........................
$l20D0/Hr
Project Coordinator ........................
$l20.0O/Hr.
Project Engineer .................................
$96.OU/Hc
Project Surveyor .................................
$95.0U/Hr.
SenkorTechnkcian---------.
$110.00/Hc
Survey Intern .......................................
$90.00/Hr.
Technkckan-------------...
$80.00/Hc
Senior Technician ..............................
$9O.00/Hc
Drafter ..................................................
$7580/Hr.
Technkcion-------------'.
$80.00/H:
Research Manager ...........................
$88.00/Hr.
Dnoftec----------------$76.0O/Hr.
Technical Assistant ............................
$5O.O0/Hc
Research Manager ...........................
$80.0O/Hr.
ExecuhveAssbhzn|---------.
$85.00/Hr.
Technical Assistant ............................
$6O.0O/Hc
Senior Administrative Assistant
$80.00/Hc
ExecotiveAoistont---------.
$85.00/Hc
AdnlinbtnativeAsdshart------..
$70.00/Hr
Senior Administrative Assbkznt--'$80.00/Hr.
ExpertVVitneoTedhnony-----.
$350.00/Hr.
Administrative Assistant ....................
$7O.00/Hc
LANDSCAPE ARCHITECTURE
Expert YVdn*ssTestinoony-----.
$350.00/Hc
PrincipoL--------------. $226.00/Hc
Survey Field Crew (l-peonn)...........
$9680/Hc
Associate Principal ..........................
$200.00/Hr
Survey Field Crew (2-pemon).........
$l40D0/Hr.
Director .............................................. $200.00/Hc
Survey Field Crew []-pomon).........
$l9S.0O/Hc
SeniovProjectMonogec-----..
$150.00/Hr
Survey Field Crew .........
$250.00/Hr
Project Manager
$120.00/Hr.
Pnoj*ctLmndscopeArohiteot---.
$95D0/Hc
LondscopeDesioner--------.
$7580/Hr
Dnoftec---------------'.
$75.00/Hr.
ExecohveAssixhant---------.
$85.00/Hc
Senior Administrative Assistant
--'$80.00/Hc
Administrative Assistant ....................
$70.00/Hr.
7oa7Rambler Road Suite 1400 Dallas, TX 7523/-23e8 ° 972.235.3031 pkce.com
aim
STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES
(Rates are subject to change at any time.)
Reproduction:
BlackLine Bond Prints.......................................................................................... $ 0.50/sf
BlackLine Vellum Prints.......................................................................................$ 1.50/sf
BlackLine Mylar Prints......................................................................................... $ 2.00/sf
ColorBond Plots................................................................................................... $ 3.00/sf
Color Prints (8 1/2" x 1 1 ")..................................................................................$ 1.00/ea
Photocopies (8 1/2" x 11 ")...............................................................................$ 0.10/ea
Monumentation (Materials Only):
3" Aluminum Disks.............................................................................................$25.00/ea
Mounting:
Foam-core(3/16")................................................................................................$4.00/sf
Binding Services:
Punch& Bind.......................................................................................................$2.00/ea
Storage Media:
CD........................................................................................................................$ 8.00/ea
Travel Expenses:
Per Diem (Lodging/Meals)...........................................................$ 100.00/Day/Person
rev. 12/2012
7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Grapevine Dog Parks
Grapevine, Tarrant County, Texas
PK No: 3774-0100
This Agreement is made between Pacheco Koch, LLC, a Texas limited liability company, (hereinafter referred to as "PK") whose mailing address
is 7557 Rambler Road, Suite 1400, Dallas, Texas 75231-2388, and Grapevine Parks and Recreation, (hereinafter referred to as "CLIENT"), whose
mailing address is 117 Municipal Way, Grapevine, Texas 76061, and is subject to the following terms and conditions to which the parties mutually
agree:
ARTICLE 1 - SCOPE OF SERVICES
1.1 In consideration of the mutual covenants contained herein, PK shall perform the services identified in letter of proposal dated April 13,
2016, which is made a part hereof, in accordance with the terms of this Agreement.
1.2 PK will commence the services upon receipt of an executed copy of this Agreement signed by an authorized representative of the
CLIENT and by an authorized representative of PK.
1.3 PK shall not be responsible for a CLIENT's directive or substitution made without PK's agreement and which agreement shall not be
unreasonably withheld.
ARTICLE 2 - AMENDMENTS
2.1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Service required by this Agreement
by altering or adding to the Services to be performed, and any such changes in the Services shall be performed subject to this
Agreement. Upon receiving the CLIENT's request, PK 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 CLIENT's review of PK's change proposal,
CLIENT shall execute said written proposal authorizing PK to perform the changes in the Services.
ARTICLE 3 - PROJECT COSTS AND PAYMENT
3.1 PK shall be compensated, in U.S. Dollars, in accordance with the afore referenced letter of proposal and any subsequent executed
amendments to said proposal.
3.2 Unless otherwise noted, direct costs such as application fees, review fees, blueprinting, reproductions, delivery fees, etc. are not included
in the fees above and will be charged at cost times a multiplier of 1.10.
3.3 State and local sales tax shall also be considered a direct cost when applicable and will be charged at cost. Please note that
professional boundary surveying services are subject to state sales tax.
3.4 PK will submit an invoice to CLIENT at the end of each month, on an hourly rate basis or based on the estimated percentage of
completion of the services as stipulated in the proposal, unless otherwise specified by the CLIENT in writing and agreed upon by PK.
3.5 Payment shall be made by CLIENT within 30 days after receipt of 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 CLIENT shall provide written notification to PK within 15 days of receipt of the invoice should CLIENT object to all or any part of charges
appearing on the invoice. The portion of the invoice that is not in dispute 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 this Agreement, PK shall be entitled to collect from CLIENT any judgment or
settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by PK in connection therewith.
3.9 A finance charge of 1.50% per month will be paid by CLIENT for all non -disputed invoices after 30 days.
3.10 If CLIENT for any reason fails to pay the undisputed portion of any invoice within 30 days of presentation, PK has the right to cease work
on the project and CLIENT shall waive any claim against PK for cessation of services, and shall defend and indemnify PK from and against
any claims for injury or loss stemming from said cessation of services. In the event the project is restarted, CLIENT shall also pay the cost
of restarting and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope
of service.
ARTICLE 4 - DELAYS AND TERMINATION
4.1 CLIENT or PK may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail substantially to perform
in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all
claims upon such termination of this Agreement shall be made as follows: In the event of any termination PK will be entitled to invoice
CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable
Expenses incurred through the effective date of termination. Upon making such payment, CLIENT shall have the limited right to the use
of Documents, at CLIENT's sole risk, subject to the provisions here within. In the event the services cannot be performed on or before the
projected due date because of circumstances beyond the control of PK, including, but not limited to strike, fire, riot, excessive
precipitation, act of God, governmental action, third party action or action of omission by CLIENT, the services shall be amended by
CLIENT and PK in accordance with Article 2 of this Agreement.
4.2 If the CLIENT suspends the Project, PK shall be compensatedfor services performed prior to notice of such suspension. When the Project
is resumed, PK shall be compensated for expenses incurred in the interruption and resumption of PK's services. PK's fees for the remaining
services and the time schedules shall be equitably adjusted.
4.3 If the CLIENT suspends the Project for more than 90 cumulative days for reasons other than the fault of PK, PK may terminate this
Agreement by giving not less than seven (7) days' written notice.
4.4 CLIENT's failure to make payment to PK in accordance with the payment terms herein shall constitute a material breach of this
Agreement and shall be cause for termination by PK.
ARTICLE 5 - RIGHT OF ENTRY
5.1 CLIENT shall provide for PK's right to enter from time to time, property owned by CLIENT and/or others in order for PK to fulfill the scope of
services included hereunder.
A-1
ARTICLE 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 recognizes that it is impossible for PK to assure the sufficiency of such information, either because it is
impossible to do so, or because of errors or omissions, which may have occurred in assembling the information. CLIENT shall be
responsible for, and PK may rely upon, the accuracy and completeness of all requirements, programs, instructions, 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 claim 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 compensation to be based upon PK's prevailing fee schedule and
expense reimbursement policy.
6.2 Subject to the standard of care set forth here within, PK and its Consultants may use or rely upon design elements and information
ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the
publishers of technical standards.
ARTICLE 7 - CONSTRUCTION ACTIVITIES
7.1 CLIENT agrees that the General Contractor is solely responsible for job site safety and for construction means, methods, sequence,
techniques and procedures necessary for performing, superintending and/or coordination all construction activities and warrants that
this intent shall be made evident in CLIENT's agreement with the General Contractor.
7.2 Unless otherwise required in this Agreement, PK shall have no responsibility for discovery, presence, handling, removal or disposal of, or
exposure of persons to, hazardous materials or toxic substances in any form at the Project site.
ARTICLE 8 - CONFIDENTIALITY
8.1 PK shall maintain as confidential, and not disclose to others without CLIENT's prior written consent, all information obtained from CLIENT,
not otherwise previously known to PK in the public domain. The provisions of this paragraph shall not apply to information in whatever
form which (i) is published or comes into the public domain through no fault of PK, (ii) is furnished by or obtained from a third party who
is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative
agency or other authority with proper jurisdiction. PK will notify CLIENT in writing immediately if information is requested under item (iii)
above. PK shall keep such information strictly confidential and shall not disclose it to any other person except to (i) its employees, (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 (iii) its consultants and contractors whose contracts include similar restrictions on the use of confidential information.
ARTICLE 9 - OWNERSHIP OF INSTRUMENT OF SERVICE
9.1 All reports, plans, specifications, field data, field notes, calculations, estimates and other documents prepared by PK, as instruments of
service shall remain the property of PK. PK shall retain these records for a period of five (5) years following completion of services, during
which period they will be made available to CLIENT at all reasonable times.
ARTICLE 10 - JURISDICTION
10.1 In compliance with Sec. 29 of the Professional Land Surveying Act, as enacted by the Legislature of the State of Texas, we are required
to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas Board of Professional Land Surveying,
12100 Park 35 Circle, Bldg. A, Suite 156, MC -230, Austin, Texas 78753, (512) 239-5263. Complaints regarding surveying services rendered
may be addressed to that agency. The firm registration number is TBPLS No. 10008000.
10.2 This Agreement is to be governed by the laws of the State of Texas.
ARTICLE 11 - INDEMNITY
11.1 PK shall indemnify and hold harmless CLIENT from and against lawsuits, claims, liabilities, causes of action, losses, damages, forfeitures,
penalties, fines, costs and expenses, including, but not limited to, reasonable attorney's fees and expenses, by whomever asserted,
including, but not limited to, any government agency or branch or any third party to the extent the same arise from (i) a breach by PK
of any term or provision of this Agreement, (ii) violation by PK of federal, state or local statute, rule, regulation or ordinance 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,
employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to, all fees and
charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs), by
whomever asserted, including, but not limited to, any government entity, agency or branch, any third party, an employee, contractor
employed or retained by PK, any third party or employee employed or retained by PK, to the extent that such claim, property damage,
injury or death resulted from (i) the negligence or willful misconduct of CLIENT or agent of CLIENT, (ii) violation of federal, state, or local
statute, rule, regulation or ordinance by CLIENT or agent of CLIENT, (iii) CLIENT's alleged involvement or status as an owner, operator,
arranger, generator or transporter of hazardous substances or constituents at the site, or (iv) inaccurate information provided by CLIENT
to PK provided that (i) any 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 of use resulting 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 OF LIABILITY
12.1 CLIENT, through its authorized representative, identified below, and PK, have discussed their risks, rewards and benefits of the project
and PK's total fee for services. Neither PK, nor their consultants, agents, or employees shall 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 contract or negligence not
amounting 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 omitted 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 been included in the construction documents. 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 13- FIDUCIARY RESPONSIBILITY
13.1 CLIENT confirms that neither PK nor any of PK's subconsultants or subcontractors has offered any fiduciary service to the CLIENT and no
fiduciary responsibility shall be owed to the CLIENT by PK or any of PK's subconsultants or subcontractors, 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 subconsultants
owes a fiduciary responsibility to the CLIENT or OWNER. CLIENT shall, as a material element of the consideration the Consultant requires
performance of the services enumerated herein, require OWNER to formally recognize this provision in CLIENT's agreement with OWNER.
ARTICLE 14 - INSURANCE
14.1 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 persons
and entities not in the employ 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 notifies 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
16.1 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 mail or by a commercial courier service
to the business address identified at the end of the Agreement. All notices shall be effective upon the date of receipt.
ARTICLE 17 -STANDARD OF CARE
17.1 The standard of care for all professional engineering and related services performed or furnished by PK under this Agreement will be the
care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same 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 a 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 any way on any Document unless it is issued in final form, signed or sealed by PK or one of its Consultants.
18.6 A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
18.7 To the fullest extent permitted by law, 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.
Grapevine Parks and Recreation Pacheco o
By: By:
Title
Date:
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Name: Wade C. Peterson, R.L.A., LEEDOAP
Title: Principal
Date: April 13, 2016