WA0601-PR090420April 20, 2009 (Revised)
PK No.: 2052 -0100
Mr. John Elias
CITY OF COPPELL
816 S. Coppell Road
Coppell, Texas 75019
Re: Professional Civil Engineering & Land Surveying Services
J4 HUNTERWOOD PARK
Coppell, Dallas County, Texas
MAPSCO D11 -D
Dear Mr. Elias:
Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to
provide professional civil engineering and land surveying services relating to the
referenced project. It is our understanding the project will consist of two (2) parts
defined as follows:
1) Preparation of Plans for erosion protection in two (2) areas near the "Pocket
Park" at the cul -de -sac of Anderson Drive.
2) Preparation of a study on the entire park area to define erosion areas and
possible protection items.
It is our understanding we will be provided with a hydraulic study of the creek which will
define flood flows and velocities.
SCOPE OF SERVICES
Based on our preliminary discussions and review of the information received to date, the
following is our perception of the services to be provided by Pacheco Koch for the
referenced project:
Part 1
Surveying Services
TOPOGRAPHIC SURVEY. Pacheco Koch will perform an on the ground survey
of the erosion areas near the Pocket Park under the direct supervision of a
Registered Professional Land Surveyor.
Included in this item:
• Location of permanent improvements on, and immediately adjacent to, the
site.
• Spot elevations on a 50 -foot grid.
• Contours on one foot intervals.
• Top of curb and gutter elevations for paving on, and adjacent to, the site.
• Locations, common name and trunk diameter of trees over 6- inches in
caliper or the outline of heavily wooded areas.
• Location of visible utilities and appurtenances.
• Location and sizes of underground utilities based on available record
information.
• Designation and limits of any Special Flood Hazard Area depicted on the
most recent Flood Insurance Rate Map (FIRM), published by Federal
Emergency Management Agency (FEMA), for this area.
Mr. John Elias
April 20, 2009 (Revised)
Page 2
Not included in this item:
• Species names of trees.
• Trees less than 6- inches in diameter.
Engineering Services
EROSION PROTECTION PLAN: Pacheco Koch will prepare plans and specifications for
permanent erosion control at two (2) areas in the Pocket Park at the end of Anderson
Avenue.
GRADING PLAN. Pacheco Koch will prepare a Grading plan for the project. This plan will
show existing grades, proposed contours and spot elevations as required for the permanent
erosion protection measures.
Included in this item:
■ One (1) revision to the plan to reflect site plan changes as a result of City, Owner or
Architect comments.
Not included in this item:
• Profiles for private systems.
• Design of storm water detention facilities.
• Design of any off -site storm sewer or drainage improvements not described above.
• Design of any underfloor drainage systems or grading, and the design of French drain
systems around the building perimeters.
• Preparation of a site Drainage Area Map that will define storm discharges onto the site,
the proposed drainage pattern on -site, and on -site storm sewer requirements.
• Design of an on -site storm sewer, if required, and the coordination of City review and
approval of the plans prepared as a part of this item.
• Preparation of profiles for public systems.
EROSION CONTROL PLAN: Pacheco Koch will prepare an Erosion Control Plan for the
referenced project.
Included in this item:
• Location and construction details for erosion /sediment control devices to manage the
discharge of storm water runoff from the site during construction activities.
• Coordination of City review and approval of this plan.
Not included in this item:
• Services associated with filing of the "Notice of Intent" form (NOI) to the Texas
Commission on Environmental Quality (TCEQ) for the proposed construction activities.
Construction Phase Services
BID PHASE SERVICES: During the Bid Phase, Pacheco Koch will be available to provide
coordination as required with prospective bidders. After the bid opening, Bid Tabulation of
the bids received will be provided to the Owner. A written recommendation regarding award
of the construction contract will be provided to the Owner after a review of the apparent low
bidder's qualifications and references.
Mr. John Elias
April 20, 2009 (Revised)
Page 4
COMPENSATION
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:
Part 1
Surveying Services
TOPOGRAPHIC SURVEY S 5.000.00
TOTAL $ 5,000.00
Engineering Services
EROSION PROTECTION PLAN $ 16,000.00
GRADING PLAN S 8,000.00
EROSION CONTROL PLAN S 3.000.00
TOTAL $27,000.00
Construction Phase Services
BID PHASE ASSISTANCE $ 500.00
CONSTRUCTION ADMINISTRATION $ 3,000.00
Part 2
TOTAL $ 3,500.00
EROSION STUDY $13,500.00
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.
SUMMARY
This proposal, unless otherwise noted, constitutes our understanding of the services to be provided
by Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is
offered for a period of thirty (30) days after which, if said proposal has not been executed, said
proposal should no longer be valid.
Pacheco Koch Consulting Engineers, Inc. is pleased to have this opportunity to submit this
proposal and look 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. If you have any questions or would like
any additional information, please do not hesitate to call us at your convenience.
Sincerely.
Jame�r�A. Koch, Jr., P.E., R.P.L.S.
KFW /vm /01 -8253
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STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES
(Rates we subject In ._:hange ai -iny Ume )
Reproduction:
Black Line Bond Prints ...................
Black Line Vellum Prints .................
Black Line Mylar Prints ...................
Color Bond Plots ............................
Color Prints (8 1/2" x 11 ") ...............
Photocopies (8 1/2" x 11 ") ..............
Mounting:
Foam -core (3/16 ") ..........
Binding Services:
Punch & Bind ..............
Storage Media:
Floppy (1.44 Mb) ................ ...............................
CD...................................... ...............................
Travel Expenses:
Per Diem ( Lodging / Meals) .. ...............................
....................... $ 0.50 1sf
...... ...... I .... ...I., $ 1.50 /sf
.......I ............... S 2.00 /sf
...................... S 3.00 /sf
.. ............ I....... $ 1.00 /ea
...................... S 0.10 /ea
............ S4.00 /sf
52.00 /ea
S 1.00 / ea
S 8.00 /ea
I ... I.,.......... S 100.00 /Day /Person
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Professional Civil Engineering and Land Surveying
Hunterwood Park
Coppell, Dallas County, Texas
PK No: 2052 -0100
This Agreement is made between Pacheco Koch Consulting Engineers, Inc.. a Texas corporation. (hereinafter referred to as
"PKCE ") whose mailing address is 8350 N. Central Expressway, Suite 1000, Dallas. Texas 75206, and the City of Coppell
(hereinafter referred to as "CLIENT"), whose mailing address is 816 S. Coppell Road, Coppell, Texas 75019, and is subject to
the following terms and conditions to which the parties mutually agree:
ARTICLE 1 - SCOPE OF SERVICES
1.1 In consideration of the mutual covenants contained herein, PKCE shall perform the services identified in letter of
proposal dated April 20, 2009, which is made a part hereof, in accordance with the terms of this Agreement.
1.2 PKCE will commence the services upon receipt of an executed copy of this Agreement signed by an authorized
representative of the CLIENT and by an authorized representative of PKCE.
ARTICLE 2 - AMENDMENTS
2.1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Service required by
this Agreement by altering or adding to the Services to be performed, and any such changes in the Services shall be
performed subject to this Agreement. Upon receiving the CLIENT's request, PKCE shall return to CLIENT a written
change proposal setting forth an adjustment to the services and cost estimated by PKCE to represent the value of the
requested changes. Following CLIENT's review of PKCE's change proposal, CLIENT shall execute said written
proposal authorizing PKCE to perform the changes in the Services.
ARTICLE 3 - PROJECT COSTS AND PAYMENT
3.1 PKCE shall be compensated in accordance with the afore referenced letter of proposal and any subsequent executed
amendments to said proposal.
3.2 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. State 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.
3.3 PKCE will submit an invoice to CLIENT at the end of each month, on an hourly rate basis or based on the estimated
percentage of completion of the services as stipulated in the proposal, unless otherwise specified by the CLIENT in
writing and agreed upon by PKCE.
3.4 Payment shall be made by CLIENT within 30 days after receipt of the invoice.
3.5 PKCE shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the
subject property is finalized.
3.6 CLIENT shall provide written notification to PKCE within 15 days of receipt of the invoice should CLIENT object to all or
any part of charges appearing on the invoice. The portion of the invoice that is not in dispute shall be paid by CLIENT
within 30 days of receipt of said invoice.
3.7 If legal action is necessary to enforce payment provisions of this Agreement, PKCE shall be entitled to collect from
CLIENT any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by
PKCE in connection therewith.
3.8 A finance charge of 1.50% per month will be paid by CLIENT for all non - disputed invoices after 30 days.
3.9 If CLIENT for any reason fails to pay the undisputed portion of any invoice within 30 days of presentation, PKCE has
the right to cease work on the project and CLIENT shall waive any claim against PKCE for cessation of services, and
shall defend and indemnify PKCE from and against any claims for injury or loss stemming from said cessation of
services. In the event the project is restarted, CLIENT shall also pay the cost of restarting and shall renegotiate
appropriate contract terms and conditions, such as those associated with budget. schedule or scope of service.
ARTICLE 4 - DELAYS AND TERMINATION
4.1 CLIENT or PKCE may terminate this Agreement upon forty -eight (48) hours written notice should the other party fail
substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the
terminating party. A complete settlement of all claims upon such termination of this Agreement shall be made as
follows: CLIENT shall compensate PKCE for the services performed up to the date of receipt of termination plus
reasonable costs incurred in terminating the services in accordance with PKCE's current fee schedule. In the event the
services cannot be performed on or before the projected due date because of circumstances beyond the control of
PKCE, including, but not limited to 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 PKCE in accordance with
Article 2 of this Agreement.
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4.2 CLIENT's failure to make payment to PKCE in accordance with the payment terms herein shall constitute a material
breach of this Agreement and shall be cause for termination by PKCE.
ARTICLE 5 - RIGHT OF ENTRY
5.1 CLIENT shall provide for PKCE's right to enter from time to time, property owned by CLIENT and/or others in order for
PKCE to fulfill the scope of services included hereunder.
ARTICLE 6 - INFORMATION PROVIDED BY OTHERS
6.1 PKCE shall indicate to CLIENT the information needed for rendering of services hereunder, and CLIENT shall provide
to PKCE such information as is available to CLIENT. CLIENT recognizes that it is impossible for PKCE to assure the
sufficiency of such information. either because it is impossible to do so. or because of errors or omissions, which may
have occurred in assembling the information. Accordingly. CLIENT waives any claim against PKCE, and agrees to
defend, indemnify and hold PKCE harmless from any claim or liability for injury or loss allegedly arising from errors,
omissions, or inaccuracies in documents or other information provided to PKCE by CLIENT. Further, CLIENT agrees
to compensate PKCE for any time spent or expenses incurred by PKCE in defense of any such claim, with such
compensation to be based upon PKCE's prevailing fee schedule and expense reimbursement policy.
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.
ARTICLE 8 - CONFIDENTIALITY
8.1 PKCE 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 PKCE in the public domain. The provisions of this paragraph
shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of
PKCE, (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. PKCE will notify CLIENT in writing immediately if information is requested under item (iii) above.
ARTICLE 9 - OWNERSHIP OF INSTRUMENT OF SERVICE
9.1 All reports, plans, specifications, field data, field notes, calculations, estimates and other documents prepared by
PKCE, as instruments of service shall remain the property of PKCE. PKCE shall retain these records for a period of
five (5) years following completion of services, during which period they will be made available to CLIENT at all
reasonable times.
ARTICLE 10 - JURISDICTION
10.1 In compliance with Sec. 29 of the Professional Land Surveying Act, as enacted by the Legislature of the State of Texas,
we are required to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas
Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A, Suite 156, MC -230, Austin, Texas 78753, (512)
239 -5263. Complaints regarding surveying services rendered may be addressed to that agency.
ARTICLE 11 -INDEMNITY
11.1 PKCE shall indemnify, defend 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 PKCE of any term or provision of this Agreement, (ii)
violation by PKCE of federal, state or local statute, rule, regulation or ordinance in the negligent performance of the
Services, or (iii) negligent errors or omissions of PKCE or its employees, agents, or subcontractors in the performance
of the Services.
11.2 CLIENT shall indemnify, defend and hold harmless PKCE from and against any and all lawsuits, claims, liabilities,
actions, causes of action, demands, 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 entity, agency or branch, any third party, an employee, contractor employed or retained by PKCE, any
third party or employee employed or retained by PKCE, to the extent that such claim, property damage, injury or death
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 PKCE.
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ARTICLE 12 - LIMITATION OF LIABILITY
12.1 CLIENT, through its authorized representative, identified below, and PKCE, have discussed their risks, rewards and
benefits of the project and PKCE's total fee for services. Neither PKCE, nor their consultants, agents, or employees
shall bejointly, severally or individually liable to CLIENT in excess of one hundred thousand (S. 100,000.00) by any act
of omission, including breach of contract or negligence not amounting to willful or intentional wrong.
ARTICLE 13 — FIDUCIARY RESPONSIBILITY
13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsultants or subcontractors has offered any fiduciary
service to the CLIENT and no fiduciary responsibility shall be owed to the CLIENT by PKCE or any of PKCE's
subconsultants or subcontractors. as a consequence of PKCE's entering into this Agreement with the CLIENT.
13.2 If this Agreement is a subcontract to CLIENT'S agreement with OWNER. CLIENT also confirms that neither PKCE nor
any of PKCE's 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 PKCE 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 in the following
amounts and with deductibles acceptable to CLIENT:
a) Commercial General Liability Insurance - S1,000,000 per occurrence for bodily injury or death and property
damage, including loss of use thereof. written on an occurrence (as opposed to a "claims made ") basis.
b) Comprehensive Automobile Liability Insurance covering all owned, non -owned and hire vehicles - $1,000.000
combined single limit of liability per occurrence for bodily injury or death and property damage, including loss
of use thereof, written on occurrence (as opposed to a "claims made') basis.
c) Statutory Workers Compensation Insurance.
d) Umbrella Liability Insurance - $1,000.000 per occurrence for bodily injury or death and property damage,
including loss of use thereof.
e) Errors and Omissions Insurance, Applicable to Services - $1,000.000 with respect to claims made against PKCE
for negligent errors or omissions in the performance of the Services hereunder.
ARTICLE 15 - ASSIGNMENT
15.1 Neither PKCE nor CLIENT shall assign this Agreement in whole or in part without the prior written consent of both
parties. PKCE shall not subcontract any portion of the work to be performed hereunder, except that PKCE may use
the services of persons and entities not in the employ of PKCE when it is appropriate and customary to do so. Such
persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing
laboratories. PKCE's use of others for additional services shall not be unreasonably restricted by CLIENT provided
PKCE notifies CLIENT in advance.
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 to the
business address identified at the end of the Agreement.
ARTICLE 17 - ENTIRE AGREEMENT
17.1 The Agreement (including attached schedules) constitutes the sole and entire agreement between PKCE and
CLIENT. This Agreement replaces and supersedes all prior discussions and agreements between the CLIENT and
PKCE with respect to the matters contained herein.
By executing this agreement, PKCE and CLIENT indicate their acceptance and agreement with its terms.
City %J f, ___11
By:
Name:
Title:
Date:
A -3
Pacheco loch Consulting Engineers, Inc.
By:._
Name: James A. Koch, Jr., P.E., R.P.L.S.
Title: Principal
Date: April 20, 2009