WA0002-CN020228Ms. Suzan C. Taylor
C.I.P. Coordinator
THE CITY OF COPPELL
P.O. Box 478
Coppell, Texas 75019
February 28, 2002 (Revised)
PK No.: 2269-02.022
Re:
Professional Civil Engineering & Land Surveying Services
GOLDEN TRIANGLE MOBILE HOME PARK ~
Water Line & Fire Hydrant Improvements /~b.)/~ 00
Coppell, Dallas County, Texas
WA O0-O2
Dear Ms. Taylor:
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. This project involves the design of approximately 1000 linear feet of
8-inch water main with three fire hydrants in the Golden Triangle Mobile Home Park
located on the west side of Coppell Road between Oak Grove Drive and Ruby Road in
Coppell, Texas.
SCOPE OF SERVICES
Based on our 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:
TOPOGRAPHIC SURVEY: Pacheco Koch will perform an on the ground survey
of the two project areas under the direct supervision of a Registered Professional
Land Surveyor. The survey will include location of all permanent improvements
(pavements, manholes, fences, etc.) spot elevations at 50-foot intervals,
contours on one foot intervals, top of curb and gutter elevations for paving and
curbs, locations of trees over 3-inches in caliper, and the location and sizes of
underground utilities based on available record information. Horizontal and
vertical control will be established as part of this item. Referencing the control to
state plane coordinates is not included as part of this item.
WATER PLANS AND SPECIFICATIONS: Pacheco Koch will prepare
construction plans and details for proposed water mains and fire hydrants for the
project as generally defined in exhibits attached to the Request for Qualifications
dated December 20, 2001. It is anticipated that, due to the size of the proposed
mains, profile drawings will not be required. Pacheco Koch will prepare project
specifications utilizing "boilerplate" City of Coppell bid documents and will include
"County of Dallas Special Provisions" which address necessary federal grant
requirements associated with this project. The City will provide a copy of the
provisions to Pacheco Koch. Pacheco Koch will provide five (5) sets of review
plans and specifications to the City and incorporate any necessary revisions.
Engineer will provide one (1) reproducible set of plans and specifications to the
City.
Ms. Suzan C. Taylor
February 28, 2002
Page 2
EROSION CONTROL PLAN: Pacheco Koch will prepare an Erosion Control Plan for the
referenced project. This plan will include the location of and construction details for,
erosion/sediment control devices to manage the discharge of storm water runoff from the
site during construction activities. This item does not include services associated with filing
of the "Notice of Intent" form (NOI) to the Environmental Protection Agency (EPA) for the
proposed construction activities.
EASEMENT DOCUMENTS: Pacheco Koch will prepare separate instrument dedication
documents for permanent water main easements and temporary construction easements as
required. These documents will include a dedication statement, survey exhibit and metes
and bounds description for each easement. It is anticipated that three (3) permanent water
main easements and three (3) temporary construction easements will be required.
ESTIMATE OF PROBABLE CONSTRUCTION COST: Based on the construction plans
previously described, Pacheco Koch will prepare an "Engineer's Estimate of Probable
Construction Cost" of the proposed improvements for the project. This opinion will be based
on estimated construction quantities and assumed unit prices for each identified item. This
item shall not be construed as a guaranteed construction cost or maximum price.
BID PHASE SERVICES: It is our understanding that Dallas County will advertise the project
and open bids. Pacheco Koch will be available to attend one (1) Pre-Bid Conference (if
required) at Dallas County. If requested after the bid opening, a tabulation of the bids
received will be provided to Dallas County. A written recommendation regarding award of
the construction contract will be provided to Dallas County after a review of the apparent Iow
bidder's qualifications and references.
CONSTRUCTION PHASE SERVICES: Pacheco Koch will be available for project
coordination meetings during construction. Those meetings could include: pre-construction
conference, substantial completion walk-through, final completion walk-through and periodic
visits to the construction site to monitor progress of the construction and to check for general
compliance with the construction documents. This shall not be construed as performing
continuous construction inspection. Pacheco Koch will also be available to review
submittals from the contractor that are required for this project. Those submittals could
include Contractor's Application for Partial Payment and Final Payment, shop drawings,
product data, mix design, etc. Submittals not required by the contract documents will not be
reviewed.
RECORD DRAWINGS: Based on project construction records, maintained and provided by
the Contractor, Pacheco Koch will prepare final Record Drawings of the referenced project in
conformance with City requirements. These drawings will rely solely on the information
provided by the Contractor. Field verification of actual construction is not included in this
item. Reproducible copies of these drawings will be provided to the City upon completion.
Based on our understanding of the scope of services, the following items are not included in this
proposal:
1. Geotechnical investigation
2. Environmental investigation
3. Wetlands determination and permitting
4. Construction staking
Ms. Suzan C. Taylor
February 28, 2002
Page 3
SCHEDULE
Pacheco Koch acknowledges the importance to The City of Coppell 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. The City of Coppell understands, however, that Pacheoo
Koch's performance must be governed by sound professional practices. If requested, Pacheco
Koch would be pleased to develop a project schedule outlining each of the items included previously
described in the Scope of Services.
COMPENSATION
Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total
fee, exclusive of direct reimbursable costs, as follows:
TOPOGRAPHIC SURVEY $
WA TER PLANS AND SPECIFICATIONS $
EROSION CONTROL PLAN $
EASEMENT DOCUMENTS $
ESTIMATE OF PROBABLE CONSTRUCTION COST $
BID PHASE SERVICES $
CONSTRUCTION PHASE SERVICES $
RECORD DRA WINGS $
3,250.00
6,000.00
1,000.00
1,500.00
750.00
1,500.00
2,500.00
500.00
TOTAL $17,000.00
In addition to the Fixed Fees above, Pacheco Koch proposes to be compensated for direct
reimbursables at cost. Reimbursable expenses include direct costs such as reproductions, delivery
fees, cost to obtain deeds, and plats, etc. We anticipate that these costs would not exceed $750.00.
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.
MAP/as
01-3307
~, R.P.L.S.
STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES
(Rates are subject to change at any time.)
Reproduction:
Black Line Bond Prints ............................................................................. $ 0.50/sf
Black Line Vellum Prints .......................................................................... $1.50/sf
Black Line Mylar Prints ............................................................................. $ 2.00/sf
Color Bond Plots ...................................................................................... $ 3.00/sf
Photocopies (8 1/2" x 11") ....................................................................... $ 0.10/ea
Mounting:
Foam-core (3/16") ..................................................................................... $4.00/sf
Binding Services:
Punch & Bind ............................................................................................ $2.00/ea
Storage Media:
Floppy (1.44 Mb) ..................................................................................... $1.00/ea
CD ............................................................................................................ $ 8.00/ea
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Professional Civil Engineering and Land Surveying
Golden Triangle Mobile Home Park
Coppell, Dallas County, Texas
PK No: 2269-02.022
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 75208, and The City of Coppell,
(hereinafter referred to as "CLt EN'F'), whose mailing address is P.O. Box 478, Coppell, Texas 75019, and is subject to the following
terms and conditions to which the padies 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 February 28, 2002, 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. 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 judgement or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by PKCE
in connection therewith.
3.8 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 pertorm 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.
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ARTICLE 5 - RIGHT OF ENTRY
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
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
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
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
All reports, plans, specifications, field data, field notes, calculations, estimates and other documents prepared by PKCE,
as instruments of service shall remain the properly 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
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, 7701 North Lamar, #400, Austin, Texas 75852, (512) 452-9472. Complaints
regarding surveying services rendered may be addressed to that agency.
ARTICLE 11 - INDEMNITY
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.
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 pady, 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
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.
ARTICLE 13 - INSURANCE
13.1 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 - $1,000,000 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 14 - ASSIGNMENT
14.1 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 15 - NOTICES
1 5.1 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 16 - ENTIRE AGREEMENT
16.1 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.
The City of Coppell
By: ~
Name: ~'~ ~l.=t ~itt
Title: City ]~anager
Date: April 16, 2002
By:
Name: Mark A. Pacheco/P ETR P L S
Title: President
Date: February 28, 2002
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