ST0102-CN020815t)1 KI( RI.L~.I.'I'~ COI~.I)OR.VI'I(IX
Fax
Ng,'rnbe~ of Pages Attached (incIuding cover) 20
To: Name
Fax:
From:
Phone;
Fax:
Message:
Date; 8/15/2002
Ken Griffin
Director of Engineering & Public Works
City of Coppell
(972)304-3679
(972)304-3570
B-ook Barefoot
Development Services manager
Duke Realty Corporation
(972)361-6714
(972)361-6800
Ken,
Please find attached our contract and two change orders for Ruby Road Design with Pacheco Koch.
The initial contract was for preliminary engineering, and we then expanded the scope to full design
with the first change order. The second change order was issued when the decision was made to
add a sanitary sewer line to the project.
As 1 mentioned in a voice mail message today, Jim Koch is open to either having this contract
assigned to ti~e City otto terminating it and striking a new agreement between Pacheco Koch and
the City after we settle the charges for work done to date.
dim Koch also said that he sees no problem in addin9 the appropriate specifications required to
prepare the plans for the public bid process.
Please call with your comments or questions.
Sincerely,
Brook Barefoal
o~, 13 o2 15:o8 I.'\~, 97:Z 361 ~O(I I)IKI( RI(\I,'I'Y C[)RI'OR:VI'Ii)N [~O(h3
Pacheco Koch Consulting Engineers
Subcontract No, CDDAIN-0OC-01
Page 1 of t2
AGREEMENT BETWEEN
OWNER AND ENGINEER
Project No.:
Subcontractor No.
Ver]dor ID:
Cost Codes:
CDDAIN-006
CDDAIN-006-01
VPACHKO00
01-60-036
Agreement made this 4th day of
between the "Owner":
March, 2002
Texas Dugan Limited Partnerst~ip
600 E.. 96th Street
indianapolis, IN 46240
and the "Engineer":
Pacheco Koch Consulting Engineers, Inc.
8350 North Central Expressway
Suite 1000
Dallas, TX 75206
for the following
"Project":
Ruby Road Realignment
the "Construction
Manager":
Duke Realty Services L. P.
5495 Belttine Road, Suite 360
Dallas, TX 75254
The Owner and the Engineer agree as set forth below.
FORM CM-I? (TX ) (REV 6/1'4/01)
Pacheco Koch Consulting Engineers
Subcontract No. CDDAIN~006-01
Page 2 of 12
ARTICLE 1
THE ENGINEER'S RESPONSIBILITIES
1.1 13asic Services. The Owner hereby employs and retains the Engineer to perform and
famish certain engineering and administration services in connection with the Project, and the Engineer
hereby accepts such employment and agrees to perform such services on the terms and for the
consideration hereinafter more particularly set forth. Such services shall be performed in coordination with
the sen,ices to be rendered by the Construction Manager. Basic Services include normal engineering,
design and planning services, and the foltowing:
Specific Scope of Work
The Design Professional shall perform in connection with the Project design and administration services,
described generally as follows:
I. Surveying Services
The Engineer will pedorm an on-the-ground survey of the property under the direct supervision of a
Registered Professional Land Surveyor and will prepare a cedified survey plat and written property
description of said tract. The survey will be prepared in accordance with the published "Minimum
Standard Detail Requirements for ALTA/ACSM Land Title Surveys" jointly established and adopted by
the American Land Title Association, American Congress on Surveying & Mapping and National
Society of Professional Surveyors as revised in 1999. The topographic portion of the survey will
include 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 of trees over 6-inches in caliper or the
outline of heavily wooded areas, and the location and sizes of underground utilities based on available
record information.
The survey will incorporate the certificate and the list of additional items labeled respectively as
Attachments 13 and C to this agreement.
Data collected as part of the survey si~alt be sufficient to prepare metes-and-bounds legal descriptions
for portions of the property that may be transferred in the future from other parties to the Owner.
In accordance with House Bill 61, second called session of the 70TM Texas State Legislature, a sales
tax of 8.25% will be applied to the boundary survey, platting and improvement survey fees stated
above. ~ his fee is included in base bid.
Civil Engineering Services
The Engineer shall prepare a Conceptual Roadway Plan for the proposed Ruby Road Realignment.
This plan will include a horizontal layout of the road along with the proposed utilities and storm sewer
systems. Information provided on the plan will be adequate for contractors who may prepare cost
estimates to determine approximate excavation quantities needed for the proposed paving, utility, and
storm sewer construction. This plan will be reviewed and approved by the City of Coppell and will be
used as the basis for the final design of the roadway.
Basic Services shall consist of four phases; the Preliminary Engineering Phase, the Construction
Documents Phase, the Construction Phase, and the Post-Construction Phase.
'The Basic Services included in this agreement are only those for the Preliminary Engineering Phase as
described in the preceding Spec;ifc Scope of Work. Tasks described in Sections 1.2, 1.3, and 1.4 may be
added to this agreement in the fu*,ure via change order. The required amount of professional liability
FORM CM-t2 (TX.) (REV
~, 13 02 13:o,q I,',\\ 97'2 3~t 6800 PINK RK-\I.'I'~, CORPOR.,YI'ION [~]007
Pacheco Koch Consulting Engineers
Subcontract No. CDDAIN-006-01
Page 3 of 12
insurance indicated in Section 5.3 has been reduced to $2,000,000 for the Preliminary Er~gineering Phase.
This requirement will increase to $3,000,000 if some or all of the additional work descrLbed in Sections 1.2,
~.3, and 1.4 is added to this agreement in the future.
!.2 Construction Documents Phase. Based upon the reformation, constraints and criteria for
the Project supplied by the Owner, the Engineer shall prepare and submit to the Owner, for its approval,
the following:
(a) Design Deve opment Documents consisting of preliminary design drawings, outline
specifications, and o~[her documents that fix and describe the size, quality and character of the entire
Project.
(b) Once the Design Development Documents have been approved by the Owner, the
Engineer shall prepare and submit to the Owner, for its approval, Construction Documents consisting of
working drawings and specifications prescribing and setting forth in detail the Work to be done in
constructing the Project, the materials, workmanship, finishes and equipment required to complete the
engineering Work for the Project, the relationship of all Project components (including the relationship of
electrical, civil, structural and mechanical components to other Project components), and all related and
necessary design documents. The Construction Documents shall be on at "fast-tracked" or pt~ased
construction basis in that the Engineer shall assist the Construction Manager in preparing separate
Contract Documents packages as required by the Owner or the Construction Manager. The Construction
Documents shall set fodh, in detail, all requirements for the construction of the Project and shall be in
accordance with all codes, laws, and regulations in effect at the time such documents are submitted to the
Owner for its approval. When the Construction Documents have been approved for construction, they
shall be incorporated as a part of the Contract Documents.
1.2.1 Cost Estimates. The Construction Documents prepared by the Engineer shall be
based on the Construction Manager's estimate of Project construction costs and the Owner's information,
constraints and criteria. As the Engineer develops working drawings and specifications and other
Construction Documents, the Engineer shall provide written notice to the Owner and the Construction
Manager of such developments and any specific factors or items which may affect the Construction
Manager's estimate of Project construction costs.
1.2.2 Contractor Desicln Work. The Owner may, by separate agreements, retain the
services of Contractor~ for the design work not within the scope of this Agreement. If required, the
Contractors shall submit to the Construction Manager and the Engineer design documents consisting of
technical drawings, schedules, Giagrams, and specifications sexing forth in detail the requirements for the
Contractor's respective Work, for approval by the Engineer. The Engineer and the Contractor shall work
closely together to assure that the Contractors' design documents are consistent, compatible, and
coordinated with the Construction Documents and shall meet the Owner's constraints and criteria as to the
purpose, nature, and scope of the Project.
1.23 Coordination of Design Work. The Engineer shall be responsible for the
coordination of all drawings and design documents relating to the Project, regardless of whether such
dr~,wings and documents are prepared by the Engineer or its consultants, Contractors, or others. If
preiiminary or design development Work has been pedormed by ethers, t~e Engineer is nevertheless fully
responsible for and accepts full responsibility for such earlier Work when the Engineer performs
subsequent phases ol the Basic Services called for under this Agreement, as fully as if the preliminary and
design deveiopment Work had been performed by the Engineer itself. The Engineer shall be responsible
for the coordination and internal checking of all drawings and tor the accuracy of all dimenstonal and
ia,/out information contained therein.
FC)t~t'~~, CM-12 (TX.}, (REV. 6/14/01)
361 6,~00 I)[KI'i t'~I,?,I.I'Y CORI'OI'L"~TION !~00~
Pacheco Koch Consulting Engineers
Subcontract No. CDDAIN-006-01
Page 4 of 12
1.2.4 Tests. ~e Engineer shall advise the Owner and the Construction Manager of any
need or advisability of securing any tests, analyses, studies, repods, or consultants' services in connection
with the development of the Construction Documents.
1.2.5 Meetinqs and Biddinq. During the Construction Documents Phase, and if
required by the Construction Manager, the Engineer shall actively participate in periodic 0rogress
meetings with the Construction Manager in the preparation of the necessary bidding information and
bidding forms, and shall assist the Construction Manager in connection with obtaining all necessary
governmental approvals. If requested by the Construction Manager, the Engineer shall assist the
Construction Manager in obtaining bids or negotiated proposals by rendering interpretations and
clarifications of the drawings and specifications by addenda or other appropriate written form. The
Engineer shall assist the Contractor in conducting pre-award conferences with successful bidders when
requested by the Construction Manager.
1.2.6 Sufficiency of Contract Documents. The Construction Documents and other
Contract Documents submitted by the Engineer to the Owner for approval or fo the Contractors shall be in
compliance with all applicable codes, ordinances, statutes, regulations, and laws.
1.3 The Construction Phase. The Construction Phase shall commence with ti~e award of the
initial Contract and, together wit~ the Engineer's obligation to provide Basic Services under this
Agreement, shall end when final payment to all Contractors is due or, in the absence of a final Project
Cedificate for Payment, sixty (60) days after the Date of Substantial Completion of the Project, whichever
occurs first.
1.3.1 Basic Servfces. The Engineer shall perform the fotlowing Design Services during
the Construction Phase:
.1 Technical Assistance. Provide technical assistance to the Contractors and the
Construction Manager with respect to any questions about, interpretations of, or any problems
concerning the Contract Documents.
.2 Shop Drswinqs and Submittals. Determine which aspects of the Work shali be
the subject of shop drawings and submittals. The Engineer shall promptly review and approve or
disapprove shop drawings and submittals in strict accordance with the Contract Documents and promptly
forward same to the Contractors though the Construction Manager. The Engineer shall not knowingly
permit such aspects of the Work to proceed in the absence of approved shop drawings and submittals.
.3 Marked Prints. If requested by the Construction Manager, assist the Contractors
in preparing a marked set of prints indicating dimensional locations of buried utility lines, which set of
prints shall be delivered to the Owner and the Construction Manager upon the completion of the Project.
.4 Progress Meetinqs.. Actively participate in periodic progress meetings with the
Construction Manager, the Contractors and Subcontractors and prepare and publish minutes of such
meetings.
.5 Interpretations. Interpret the requirements of the Contract Documents. The
Engineer shall render interpretations necessary for the proper execution or progress of the Work with
reasonable promptness. All interpretations of the Engineer shall be consistent with the intent of the
Contract Documents and shall be in written or graphic form.
.6 Report,% Make such reports as may be reasonably required by the Owner for the
use of any public agency, lender or tenant on the progress of the Work.
.7 Substitutions. Review and approve as appropriate, subject to writ:eh concurrency
the Construction Manager, the substitution of any materials or equipment required by the Contract
FORM CM-12 (TX.) (REV. 6/14/01)
Pacneco Koch Consulting Engineers
Subcontract No. CDDAIN-006-01
Page 5 of 12
Documents and review and consult with the Construction Manager with respect to the laboratory reports
on such substituted materials or equipment.
.8 Chanqe Orders. Assist the ConsTruction Manager in the preparation of Change
Orders.
,9 Hazardous Material. The Engineer shall report to the Owner the presence and
location of any hazardous material which it notices.
1.4 Post-Construction Phase. After Final Completion of the Project, the Engineer shall visit and
inspect the Project at least once nine (9} months after its completion and (i} advise the Owner of any
evidence of faulty materials or workmanship used in constructing the Project observed on such inspection
and visits and (ii) furnish the Owner with the CAD disc and original tracings or other Owner-approved
equivalent drawings capable of reproduction by direct printing process, of the final plans and drawings,
inctuding such revisions as may have been made in the course of construction of the Project, each such
plan or drawing conspicuously noted as "record drawings," Such "record drawings" shall be based on
marked-up prints maintained by the Owner or Construction Manager, supplemental and clarification
documents issued by the Engineer, and Change Orders of record, and the Engineer shall make regular,
periodic reviews of such marked-up prints during the construction of the Project.
1.5 Schedule of Work. Promptly after execution of this Agreement and after receipt of written
authorization from the Owner to proceed with the Work covered by this Agreement, the Engineer shall
prepare and submit to the Owner for its' approval a sct~edule showing the order in which the Engineer
proposes to carry on its Work, with dates on which it will commence each phase of such Work as detailed
in this Agreement and the contemplated dates when it will complete each such phase. Such schedule
shall provide for the completion of all services listed in this Agreement within the times contemplated by
the Owner and the Construction Manager and the Engineer shall comply with such approved schedule.
The Engineer shall, at the end of each month, notify the Owner and the Construction Manager of the
percentage of work completed,
1.6 Additional Services. The following Additional Services are not included in Basic Services.
They shall be provided if authorized in writing by the Owner, and shall be 0aid for by the Owner as
provided in this Agreement in addition to the comper~sation for Basic Services:
.1 Providing services relative to future facilities, systems, and equipment which are
not intended to be constructed during the Construction Phase.
.2 Providing services after issuance of the final Project Certificate for Payment, or in
the absence of a final Project Certificate for Payment, more than sixty (60) days after the Date of
Substantial Completion of the Project, other than services Io be rendered by the Engineer during the Post-
Construction Phase.
.3 Preparing to serve or serving as a witness in connection with any public hearing,
arbitration proceeding or legal proceeding.
.4 Other Additional Services: N/A
1.6.1 Limitation on Additional Services. Notwithstanding anything to the contrary
expressed elsewhere in this Agreement, no services made necessary, in whole or in part, by any fault or
omission of the Engineer to pedorm its duties, responsibilities or obligations under this Agreement shall be
compensated as an Additiona! Service under this Agreement.
1.7 Modification of Duties. The duties, responsibilities, and limitations of authority of the
Engineer may be reasonably restricted, modified, or extended by the Owner after the date
FORM CM-t2 (TX i (REV. 6/14/0')
15:1(I F\X .q72 361 6,S00 DIKE RI,L\I.'I'Y CORI:'ORATION [~]010
P3checo Koch Consulting Engineers
Sdbc0ntract No. CDDAIN-006*01
Page § of 12
of this Agreement, and if they are substantially restricted, modified, or extended the
Engineer's compensation shall be equitably adjusted.
1.8 Pro~qress Prints. Upon the Owner's request at any time during the Construction
Documents or Construction Phases of this Agreement and as often as so requested, the
Engineer shall promptly provide the Owner and the Construction Manager with progress
prints. The Owner or the Construction Manager shall at all times have reasonable access
~o the files and personnel of the Engineer relating to the Project in order to answer any
reasonable questions the Owner may have relating to the Engineer's pedormanoe on the
Project.
1.9 Certificates. To the extent that forms of certificates or certifications have not been agreed
upon, the proposed language of certificates or certifications which are requested of the
Engineer or the Engineer's consultants shall be submitted to the Owner and the
Construction Manager for review and approval at least iourteen (14) days prior to the
requested or required execution date. 'fha Owner may require and the Engineer shall
execule, as part of its Basic Services hereunder, any certificates or oertifications
customarily, commonly, or reasonably required on projects of this type.
1.10 Representations. The Engineer hereby represents, promises, and warrants to the Owner
~at the Engineer is financially solvent and possesses sufficient experience, licenses,
authority, personnel, and working capital to complete the services required hereunder;
that the Engineer has visited the site for the Project and thoroughly familiarized itself with
the local conditions under which the services required hereunder are to be performed;
and that the Engineer shall correlate its observations of same with all of the requirements
o! this Agreement and of the Contract Documents.
1.11 Standard of Care. All services provided by the Engineer hereunder shall be pedorrned in
a reasonably prompt manner and shall be in accordance with the professional standards
applicable to such services on the type of Project contemplated by this Agreement, and
the Engineer shall be responsible for all services provided hereunder whether such
services are provided directly by the Engineer or by any consultants hired by the
Engineer. The Engineer will perform all duties and services and make all decisions called
for hereunder promptly and without unreasonable delay and will give this Project such
priority in its office as is necessary to cause the EngineeCs services hereunder to be
timely and properly performed.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 Full Information. The Owner shall provide full information which sh~ll set forth the
Owner's design objectives, budget limitations, constraints and criteria. The Owner shall furnish requested
inlormatior~ reasonably necessary for the Engineer's performance of services pursuant to this Agreement
and shall render approvals and decisions as expeditiously as is reasonably necessary for the orderly
progress et the Engineer's services and of the Work. Notwithstanding anything to the contrary in this
Adicle, the Owner shall be required to furnish inforrnatior~ or services described in this Article only to the
extent that such information or services are both reasonably required and actually requested by the
Em;ir~eer in order to perform the Engineer's services under this Agreement.
2.2 S;~rvev. The Owner shall furnish a certified !and survey of the site.
2.3 Representative. Yhe Owner shall designate a representative authorized to act in the
Owne?'s behalf with respect to the Proiect. The Owner, or such authorized representative, shall examice
FORM CM-12 (TX.) (REV. 6/14/'0',)
972 361 6~00 1)1 KI,] RI.]\I.'I'Y COI(I~OI(A'I'IOx [~]01 I
Pacheco Koch Consulting Engineers
Subcontract No. CDDAIN-006-01
Page 7 of 12
the Contract and Construction Documents submitted by the Engineer and shall render decisions promptly
to avoid unreasonable delay in the progress of the Engineer's services.
2~4 Approvals. The Owner snail have the right to disapprove any podion of the Engineer's
Work on the Proiect, including, but not limited to, the Construction Documents Phase, the Construction
Phase, and the Post-Construction P~ase and any other design work or documents, on any reasonable
basis, including but not limited to aesthetics, or because, in the Owner's or the Construction Manager's
reasonable opinion, the Project construction cost is likely to render such Work or the Project infeasible. In
the event that any phase of the Engineer's Work is not approved by the Owner, the Engineer shall
proceed, when requested by the Owner, with revisions to the Construction Documents to satisfy the
Owner's concerns. These revisions will be made without adjustments to the compensation provided for
hereunder, unless revisions are made to drawings previously approved, in which case such revisions shall
be paid as an Additional Service.
ARTICLE 3
PAYMENTS TO THE ENGINEER
3.1 Generally. The Owner shall pay to the Engineer as full compensation for services
rendered in connection with the Project tlqe aggregate sum due for Basic Services, Reimbursable
Expenses, and Additional Services as set forth in this Article.
3.2 Basic Services. For Basic Services actually rendered by the Engineer as required by the
terms of this Agreement, the Owner shall pay the Engineer a fixed fee of $11,000.00.
3,3 Reimbursable Expenses. For Reimbursable Expenses, as described below, the Owner
shall pay the Engineer One Hundred Five Percent (105%) of the amounts actually expended by the
Engineer in connection with, and which are reasonably necessary to, the Project. "Reimbursable
Expenses" shall be limited to the following:
.!
of bid packages,
consultants.
The cost of reproduction of the Drawings and the Specifications for the issuance
excluding reproductions for the office use of the Engineer and the Engineer's
.2 Long distance teiephone calls and telegrams.
.3 Fees or expenses required to be paid by the Owner and permit fees to obtain any
necessary government approvals.
.4 Any other expenses approved in writing by the Owner.
3.4 Additional Services. For Additional Services as described in Article 1.6 of this Agreement,
the Owner shall pay tr~e Engineer the fees set fodh in Exhibit "A," attached hereto and incorporated herein
by reference.
3.5 Manner of Payment. Payments for Basic Services shall be made monthly and shall be ir~
proport, ion to services performed within each phase, but the lotal payment to the Engineer in any one
phase sharl not exceed the following percentages of tile fixed fee set fo~i~ in Article 3.2:
Preliminary Engineering Phase: 100%
Construction Documents Phase: 0%
Construction Phase: 0%
Post-Corqstr uct',on Phase: 0%
FORM CM 12 (%X,.) (REV. 6/!4/'01)
0'%_~_.3 0_2._ 1~: I I I::X.\ 972 3~31 6800 1)~ Kt,: I.~l*:.'xL'l'¥ CORI'OI~.VI'IO:~ [~012
Pacheco Koch Consulting Engineers
Subcontrac[ No. CDDAIN-O06-01
Page 8 of
3.6 Statement. The
rendered and Reimbursable Exp
Services and for Reimbursable E
Engineer's statement and any sup
the Owner. The Engineer expres
the Engineer does not give written
twenty {20) days of rendering the.,
sixty (60) days following their rendi
3.7 Project Suspensi(
more th~n six (6) months, the Eng
written notice from the Owner of s
suspended for more than six (6) m
3.8 Other Document.'
Engineer has provided lien waiv~
description of services, and a s,
ngineer shall present each month a statement of Additiona~ Services
~nses incurred for the preceding month. Payments for AdditLonal
,(penses shall be made monthly following the Owner's receipt of the
porting documentation and explanation or either of them requested by
sly waives any right to payment for any Additional Services rendered if
notice of its claim that the services constitute Additional Services witi~[n
ervices and if such services are not bLIled as Additional Services within
ion.
~... If the Project is suspended or abandoned in whole or in part for
neer shall be compensated for all services performed prior to receipt of
bJch suspension or abandonment. If the Proiect is resumed after being
3nths, the Engineer's compensation shall be equitably adjusted.
· The Engineer shall not be entitled to receive payment until the
rs, including lien waivers from the Engineer's consultants, a detailed
vorn statement of certificates regarding the Engineer's services and
)f this Agreement as the Owner may reasonably require.
compliance with the requirements
3.9 Records. The !ngineer shall maintain all records under this Agreement, including
records of Reimbursable Expens~es, in accordance with generally accepted accounting practices and
make them available for inspectio ~ by the Owner or its authorized representative at all reasonable times.
These records shall be preserved :y the Engineer for a period of three (3) years after final payment.
ARTICLE 4
DOCUMENTS
4.1 Ownership. All < esigns, drawings, specifications, technical data, and other instruments
produced by the Engineer in the ~edormance of this Agreement shall be the sole property of the Owner,
and the Owner is vested with all ghts therein of whatever kind and however created, whether created by
common law, statute, or by equity,i
4.2 Access. The En lineer agrees that the Owner and the Construction Manager si~all have
access at all reasonable times to Inspect and make copies of all notes, designs, drawings, specifications,
and other teci~nical data pertainin¢ to the Work to be performed under this Agreement.
43 Reuse. It is understood that the documents and instruments prepared by the Engineer
under this Agree-m--~- are intended only for the Project, and in the event of any reuse by the Owner, the
Owner agrees to indemnify, hold I~.armless, and defend the Engineer from any and all claims of any nature
whatsoever which may arise out oil or in connect[on with such reuse.
4.4 Approvals. Th~ Engineer shall assist the Owner in connection with the Owner's
responsibility for filing document~ required to obtain necessary approvals of governmental authorities
having jurisdiction over the Project, including but not limited to responding to and ultimately complybng with
permit review letters and reports a~nd preparing documents and assisting the Owner in obtaining approvals
lot zoning, land use, and permits.
4.5 L_Eender Requiren~ents. The Engineer understands that the Owner may finance the
development or construction of tile Project with lenders or other third parties. The Engineer also agrees
as pad of its Basic Services hereunder to follow any administration or reporting procedures reasonably
required by such lenders or thirc~ parties and to cooperate with the Owner in satisfying the reasonable
requests and requirements of such lenders and t~ird parties.
FORM CM-13 (TX) (REV. 6/14/0!)
~1,% 115.o~. I~:.!_~ t.'~.=\ §72 301 6800 1)IKK RI'i:kl.TY COt/I'OR:VI'ION ~]01a
Pacheco Koch Consulting Engineers
Subcontract No, CDDAIN-006-01
Page 9 of 12
ARTICLE 5
INSURANCE
5.1 Required Insurance. The Engineer shall purchase and maintain insurance for protection
against the claims set fodh in this Article which may arise out of or result from the Engineer's services
under this Agreement, whether performed by the Engineer or by any of its' consultants or by anyone
employed by them or for whose acts any o4 them may be liable:
.1 Claims under workmen's compensation, disability benefit and
other similar employee benefit statutes applicable to the Work.
.2 Claims for damages because of bodily injury, occupational
sickness or disease, or death of its employees under applicable employer's
liability law.
.3 Claims for damages because of bodily injury or death of any
person other than the Engineer's employees.
.4 Claims for damages covered by usual personal injury liability
~nsurance and which are sustained by any person as a result of an act or
omission related to the employment of such person by the Engineer.
.5 Claims for damages because of injury to or destruction o4
tangible property, including loss of use therefrom.
.6 Claims for damages because of bodily injury or death of any
person or property damage arising out of the ownership, maintenance or use of
any motor vehicle.
5.2 The Architect shall furnish to the Construction Manager copfes of any endorsements that
are subsequently issued amending coverage or limits. Such policies, other than Workers
Compensation, Professional Liability and Employers Liability policies, shall name the
Owner, and the Construction Manager as additional named insureds.
Limits. The insurance required by paragraph 5.1 shall be written for not less than the
5.3
following limits:
Worker's Compensation
Employer's Liability
Comprehensive General Liability, including and
Personal Injury, Premises Operations, Completed
Operations and Products coverages (for a minimum
period of two (2) years after Substantial Completion),
and deletion of any exclusions pertaining to explosion,
collapse or underground properly damage hazards
coverage.
Comprehensive Automobile Liability, including Owned,
Non Owned end Hired Car coverages.
Professional Liability
Statutory
S1,000,000
$3,000,000 Combined Single Limit for Bodily
Injury and Property Damage
$1,000,000 Combined Single Limit for Bodily
Injury and Property Damage.
$2,000,000 with not more than a $50,000
deductfble.
FORM CM-12 (TX.) (REV. 6/14/01
Pacheco Koch Consulting Engineers
SubcontraCt No. CDDAIN-006-01
Page 10 of 12
5.4 Professional Liability insurance. The Engineer shall furnish to the Owner a Certificate of
Insurance and an endorsement directly relating to the Project for the Engineer's Professional Liability
Policy and confirming that the annual aggregate limit of liability has not been depleted. The effective date
of the Policy shall be amended by an endorsement allowing retroactive coverage for att prior acts. The
Pof;cy shall contain a provision that (1) coverage will not be canceled or not renewed without at Ieast thidy
(30) days' prior written notice to the Owner. The Policy shall be amended by an endorsement deleting
exclusions relating to (1) failure to complete drawings or schedules on time, (2) failure to act in a timely
fashion upon the project specifications, and (3) faulty construction costs estimates. The Engineer's
professional liability and responsibility shall survive the termination of this Agreement. In addition, the
Contractor shall furnish to Duke a Certificate of Insurance and an endorsement directly relating to the
Project for the Professional Liability Policy and confirming that the annual aggregate limit of liability has not
been depleted. The effective date of the Policy shall be amended by an endorsement allowing retroactive
coverage for all prior acts.
5.5 Indemnification. The Engineer agrees to indemnify, hold harmless, protect and defend
the Owner, the Construction Manager and their agents, representatives, and any affiliated or related
entities against any and all claims, loss, liability, damage, costs and expenses, including reasonable
attorneys' fees, that occur, or in the case of the duty to defend, are alleged to have occurred as a result of
or due to the negligence or fault of the Engineer, its agents, consultants, employees, or representatives.
Provided, however, that the Owner and the Construction Manager shall only be entitled to indemnification
under the preceding sentence to the extent the liability, loss, damages or expense (including attorney's
fees), was caused by the negligence, recklessness or intemional wrongful misconduct of the Engineer and
persons employed or utilized by the Engineer in the performance of the Contract (e.g., agents,
consultants, employees, subcontractors or representatives).
5.6 Consultants. The Engineer shall assure that its consultants maintain similar insurance
with reasonably prudent limits and coverages in light of the services to be rendered. The Engineer shall
submit to the Owner proof of such insurance.
ARTICLE 6
TERMINATION
6.1 Generally. If either party should fail substantially to perform in accordance with tl~e terms
of this Agreement, the other pady may terminate this Agreement and the Engineer's services hereunder
by giving two (2) days' notice of such termination to the defauLtTng party.
6.2 Suspension and Abandonment. This Agreement may be terminated by the Owner upon
two (2) days' written notice to the Engineer in the event that the Project is abandoned by the Owner or will
be suspended by the Owner for more than six (6) months for any reason.
6.3 Convenience. T~is Agreement may be terminated by the Owner upon two (2) days'
written notice, without regard to any fault or failure to perform by any party, solely for the Owner's
COT~Ven ierlce,
64 Termination Payments. In the event of termination due to no fault of the Engineer, the
Owner shall pay the Engineer all sums then actually due and owing to the Engineer from the Owner under
this Agreement as of the date of notice of termination, and the Owner shall not be responsible for any
other ¢~amages, costs or expenses.
6.5 Use of Plans. Upon the termination of this Agreement, the Owner shall be entitled to use
any drawings, plans, specifications, estimates, or other instruments prepared pursuant to this Agreement
by the Engineer as the Owner shall see fit on this Project without the payment of additional compensation
to the Engineer.
FORMCM 12(TX)(REV 6/14/0~)
Pacheco Koch Consulting Engineers
Subcontract No. CDDAIN-0136-O1
Page 11 of 12
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Notice. Any and all notices or other communications required or permitted by this
Agreement or by law to be served on or given or delivered to the Owner or the Engineer shall be in writing
and shall be deemed duly served and given when personally delivered to the party to whom it is directed,
or in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid,
to the address of the party set forth on the first (title) page of this AGreement. Either party may change its
address for the purposes of this paragraph by giving written not[ce of such change to the other party in the
mat'.her provided in this paragraph.
7.2 Successors and Assiqns. The Owner and the Engineer, respectively, bind themselves,
their partners, successors, assigns and legal representatives to the other party to this Agreement, and to
the partners, successors, assigns and legal representatives of suct~ other party with respect to all
covenants of this Agreement. Neither the Owner nor the Engineer shall assign, sublet, or transfer any
interest in this Agreement without the written consent of the other, except as otherwise stated herein.
7.3 No Third-Party Beneficiary Riqhts. Nothing contained herein shall be deemed to create
any contractual relationship between the Engineer and the Construction Manager or any of the
Contractors or Subcontractors on the Project; nor shall anything contained in this Agreement be deemed
to give any third party any claim or right of action against tt~e Owner or the Engineer which does not
otherwise exist without regar0 to this Agreement. Time limits set out in or under this Agreement are solely
for the protection and benefit of the Owner and create no third-party beneficiary rights in any other party.
7.4 No Waiver. No approval or concurrence by the Owner or the Construction Manager shall
in any way be deemed or interpreted to relieve the Engineer of any of its obligations or responsibilities
under this Agreement or as a matter of law.
7.5 Entire Aqreement. This Agreement represents the entire and integrated agreement
between the Owner and the Engineer and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended only by written instrument signed by
both the Owner and the Engineer.
7.6 A~epticable Law. This Agreement shall be governed by the laws of the State in which the
Project is located
FORM OM-12 (TX,) (REV, 6/14/01)
Pacheco Koch Consulting Engineers
Subcontract No. CDDAIN-006-01
Page 12 of t2
This Agreement is entered into as of the day and year first written above.
"DUKE"
DUKE REALTY SERVICES, L.P.
By:
By:
Duke Services, Inc. its general partner
(Signature)
Brook Barefoot, Development Services Manaqer
(Printed Name and Title)
Date:
"ENG~
PA~ECO K/OC~CONSULTING ENGINEERS
By' "-- ~/----,^ ~ ~
(Pr~ Name and Title)
Date: ~,%
FORMCM-12(TX.)(REV 6/14/0!)
0,'~, 13~02 13:13 FAX 972 361 (~800 I)IKE ]d-:AI.'I'Y COI~,I~O[~,',.'I~ION [~017
EXHIBIT A
FEES FOR REIMBURSABLES AND ADDITIONAL SERVICES
Reproduction:
Black Line Bond Prints
Black Line Vellum Prints
Black; Line Mylar Prints
Co!or Bond Prints
Photocopies (8 ~/b x 11; 1 lxl 7)
$ 0.65/sf
S 1.50/sf
$ 2.00/sf
$ 3.00/sf
S 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
Zip Disk (10 Mb) $10.00/ea
CD S10.00/ea
SCHEDULE OF STANDARD HOURLY BILLING RATES - ADDITIONAL SERVICES
Civil Engineering Services:
Principal ................................................................................... $150.00/Hr.
Associate ................................................................................. $125.00/Hr.
Registered Professional Engineer ............................................ $125.00/Hr.
Civil Engineer ................................................... S75.00/Hr. - $100.00/Hr.
CAD Technician ..................................................... S55.00/Hr. - $75.00 Hr.
Administrative ......................................................................... $50.00/Hr.
Expert Witness Testimony ....................................................... S250.00/Hr.
Land Su,~/eying Services:
Registered Professional Land Surveyor ..................................... $90.00/Hr.
Sum, ey Fiebd Crew (2-person) ................................................... $120.00/Hr.
Survey Field Crew (3-person) ................................................... $145.00/Hr.
Survey Technician .................................................. $60.00/Hr. - $70.00/Hr.
Expert Witness Testimony ........................................................ S250.00/Hr.
1.3 02 1~3:14 t:'..\ ,(t7'2 361 6500 DIKE RI{",I,T'~ COI.~I'OR.&TIt)N
Attachment 'B'
SURVEYOR'S CERTIFICATE
1, the undersigned, being a duly licensed and qualified surveyor in and for the State of ___ ,
do hereby certify to Duke Realty Limited Parlnership, [seller/buyer], [lender~, [our counsel], [lender's
counsel], and [Title Insurance Company] that I made a survey of the above described land and
improvements on the day of __ , 199 _, in accordance with the Minimum Standard
Detail Requirements for ALTA/ACSM Land Title Surveys as adopted by the American Land Title
Association & American Congress on Surveying & Mapping, 1997, and that this survey fully and correctly
represents the property owned by ___ at ...... including all
buildings, structures and improvements thereon.
I have shown ali recorded easements and rights-of-way as described in copies of recorded
instruments furnished to me by the _ Title Insurance Company (with reference to
recording data) and, unless otherwis~shown, the physical evidence and recorded description of such
easements conform. Ail of said buildings, structures and improvements, including location and
dimensions, are correctly depicted and are fully completed, except as shown hereon.
I further certify that there are no (i) easements, (ii) rights-of-way across said prope~y, (iii) party
walls, (iv) encroachments on adjoining properties or streets by any of said buildings, structures or
-nprovements, or (v) encroachments on said property by buildings, structures or other improvements
situated on adjoining property, except as shown hereon; all easements are shown in their entirety, the
locations thereof are correct as shown and no improvements are located within the easements areas
except utility lines permitted by the terms of such easements; there are no streams, rivers, springs, ponds,
lakes, ditches or drains located or bordering on or running through said property, except as shown; there
ate no gaps, gores or overlaps between parcels or roads, highways, streets or alleys and all parcels which
comprise the whole propeC~y are contiguous.
All private and public roads, highways, streets and alleys running adjacent to or upon the property
and all public roads to which the property has indirect access over connecting easements affecting private
property are shown; the property has vehicular and pedestrian access to open, pubLicly dedicated and
accepted roads, highways and streets at drives and through curb cuts as shown hereon and commonly
known as __, without intervening strips, gaps or gores, either directly or indirectly
over and through access easements shown hereon. The publicly dedicated roads and the access
easements shown are contiguous with each ether and the property without strips, gaps or gores at points
shown hereon; no barriers except for paving and curb cuts are located within the access easements
shown hereon; all physical evidence of boundary lines and lines of possession or occupancy have been
shown and proper notification made where in conflict with the lega] description; there are no boundary line
discrepancies and no deficiencies in the quantity of the land described in the legal description and the
acreage shown hereon is correct; the survey was actually made on the ground as per record description
furnished by the title insurance company and is true and correct.
A physical examination of the property reveals no evidence of cemeteries.
Also, tl~is certifies that there are
handicapped spaces.
The property is zoned
__ parking spaces on said property, including .....
No portion of the property lies within a National Wetland Inventory area as determined by the
maps of the United States Fish and Wildlife Service. The within described real estate lies within Hazard
Flood Zone as shown on Panel Number __ of the Federal Emergency Management Agency's flood
insurance 'ate map, dated . The real estate has not been designated a flood hazard area or
simik~r area by any other federal, state or local government entity.
CenJfied tins .. _ day of .... 199_
ATTACHMENT C
If checked, the iollowing
10.
ADDITIONAL SURVEY REQUIREMENTS
additional items shall be shown on the ALTA/ACSM Land Title Survey:
Monuments placed (or a reference monument or witness to the corner) at all
major corners of the boundary of the property, unless already marked or
referenced by an existing monument or witness to the corner.
Vicin:ty map showing the property surveyed in reference to nearby highway(s) or
major street intersection(s).
Flood zone designation (with proper annotation based on Federal Flood
Insurance Rate Maps or ~he state or local equivalent, by scaled map location and
graphic plotting only).
Land area as specified by the client.
Contours and the datum of the elevations.
Identify, and show building and parking setback lines, height and bulk restrictions
of record or disclosed by applicable zoning or building codes (in addition to those
recorded in subdivision maps). If none, so state.
(a)
Exterior dimensions of all buildings at ground level.
Square footage of:
(1)
(2)
Exterior footprint of all buildings, or gross floor area of all
buildings, at ground level;
Other areas to be defined by the client.
(c)
Height of ail bt~ildings above grade at a defined location.
Ail improvements (in addition to buildings) such as signs, parking areas or
structures, swimming pools, etc.
Parking areas and, if stripped, the stripping and the type (e.g. handicapped,
rnoto~*oycle, regular, etc.) and number of parking spaces.
Indication of access to a public way such as curb cuts, driveways marked.
Location of all utilities serving or existing on the property as evidenced by on-site
observation or as determined by records provided by client, utility companies and
other appropriate sources (with reference as to the source of information)
(including without limitation):
a)
b)
c)
d)
all railroad tracks and sidings;
all manholes, catch basins, valve vaults or other surface indications of
subterranean uses;
all wires and cables (inc!uding their function) crossing the surveyed
premises, all poles on or within ten feet of the surveyed premises, and
the dimensions of ali cross wires or overhangs affecting the surveyed
0remises; and
atl utility company instaJlations on the surveyed premises,
o~ 13 02 I,i: 15 I'.\X 9?2 361 6800 I)lKli I~I,L&I.T\' COI~,I'OtL¥1'IO~ [~]0~0
12
13. q
1 7. _'~
18. ~;' __
1 9. ~'
20. ',"
21 N"
Observable evidence of earth moving work, building construction or budding
additions within recent months.
Governmental Agency survey-related requirements as specified by the client:
Department of Housing and Urban Development
Veteran's Administration
Other
Significant observations not otherwise disclosed.
Any changes in street right of way lines either completed or proposed, and
available from the controlling jurisdiction. Observable evidence of recent street or
sidewalk construction or repairs.
Observable evidence of site use as a solid waste dump, sump or sanitary landfill.
Observable evidence of cemeteries.
The Right-of-way line.
Computer disk in Auto-Cad Format (Release 14).
Legend of all symbols and abbreviations used.
Zoning classification and district.
0,'.; 1:3 1~2 13:07 I \\ !t72 361 USOO I,',lKl.: RI,:\I.T; CORF't)R¥1'IO~ [~003
CHANGE ORDER
JOB NO:
PR().I ECT:
TO:
CDDAIN-006
Ruby Road Realignment
Coppell, TX 75019
Pachcco Koch Cunsuking Engineers
8350 N. Central Expressway
Stfite 1000
Dallas. Texas 75206
DATE OF CHANGE ORDER:
CHANGE ORDER NO.:
(_;eST CODE:
CONTRACT FOR:
CONTRACT DATE:
05/17/{)2
One (1)
01-60-036
Surveying and Civil Engiaeering
03/4/02
Yeti are directed to make II~e I'ollowing changes in this Contract:
~?)ESCRIP't ION-
I)
Re'~ise contract lo include Sections 1.2, 1 3, and 1.4.
Revise comracl Section I ~-, subsection (ii) to add: Engineer shall provide record ~awiag electronic CADD files ~r the Duke CADD
Stand.ds dated 7/1/2001 ~md 30" x 42" myla reproducible Record I)rawings, Ret~nage will be released upon receipt of Record
I)ra~ ings by l)oke (?unstrLa:t~on.
Revise Section 32 lo iiole the fixed fcc Ior Ihe contract as 859.000.
Rexi~e Section 3 5 :':>r Pa2, mcnl to be made per phase as: I'relimmz~ Engineenng Phase -19~'~: Construction Documents
C~stmctJon Phase 5t¢; and Posl-Ccmsnx~ction Ph~sc--2%.
Revi~e required amouut~ t~l gcnc~a] liabiliT m~d protbssional habili~ insorance described m Section 5 3 Io $4.000.000 and $2,000,000,
rcspeclivcl5.
Add ~e fid[owing iten~ to the Specific Sc.~ of Work in SecLi¢m 11:
P. EPLAT & 1.EGAL DESCRIPTIONS: Pad~eco Knch will prepare a Replat of the Owner's Freeport Nollh at Freeport P~kway
development. This replat will update the existing plat of fine Duke Freeport Addition, wbzch is recorded in Voktme 2001065. Page 37
m the plat lecords of Daila.~, County, tt~ show the addition of Ihe property the Owner will acquire as a resull of the Project 'l he rcplat
will also show easements dedications, and olher information rcqtfired by the City. Included in this item is coordination of City
rex iow :mci approval el Ibc plat ;md a~tc;ndance at City staff. Planmng mad Zoning Commission and Cib' Council meetings as normally
required. Paci~eco Koch ~xil! als0 prepare metes-and-bounds legal descrip[ions as needed for property transfers and aharulonments
.(_iRAI)ING & DRAINAGE PLAN: Pacheco Koch will prepz~re a Grading & Drainage plan i'~r the pro~cct It~is plm~ wdl show
ex,sting g, ados, proposed c(ulLour5 aid spa{ elevations am required. Included in this item is the preparation of a sike Drainage Area
Map tIlat will dcline <total discharges OlilO thc site, the proposed drainage pattern oo ske, and on->ire storm sewer requirements Also
included in this item arc thc de~iTn ut- an on site storm sewer, il' require0, and the coordmatJon of City review mad approval
S I'ORM WATER POLLUTION PREVENTION PLAN: On September 9, 1992, the United States Environmental Protection Agency
(EPA) passed the National Pollutant Discharge Elmfination System (NPDES). 'lhe NPDES provkles fedend guidelines lot the
m;L'mgemenl fm storm water rum)fi- The~e regulations will ah%ct storm water discharge assuciated with industrial activities in
constl~]ction shes with a distmbcd area greate~ than 5 acres The NPDES is a rclYaclSvc [a~ that aft'eelS z~lI construction projects under
constructmn on October 1, [992 ,~d new construction beginning after October t, 1992. On construction sires, tile man objective, of
NPDES is to control the di'k:harge of storm water run off from construction site through thc use of erosion / sedimentation controls.
Pad,eeo Koch will prepare a Slorm Water Pollution Prevention Plan for the site including lhe actu:d plan, instructions Lo the
('onLractor and Contractor's Checklists. Also included ~s a.ssislance to the owner and contractor in filing the required "Notice of
Ilttcoi" R~rm tNOD tut ll~e proposed construction achvilies. Not included in this item is the review and determination of any listed
endangered or threatened species or designated critics! habitats in the project arcs.
P,(').5_I2Vv;[x~Y_Pj AN: Pacheco Koch will prepare construction plans and details tbr a trow public road as required by this project. The
plans ,.vfll include phm and profiles of the proposed imprtB'ements and construction sequencing plans Paving section designs m'e to be
based ,m reton~meadations: included th a currem tleotechnical Report to be provided by the Owner or on standard City requirements.
I'n~lt~dcd m this item is Ihe coordinatmn of City review and approval of this plan
~'-;__15 o~2. __1.3_:~(~_8 I..kX ':372._.'/~_iI 680o l;,IKl.i RE.\I.T'~ CORI'OltATION [5~1_004
WATER MAIN EX I'ENSION: Pacheco Koch will prepare plm~s and details as required, tor the construction of a water main between
Freept,rt Pzu'k~*,a5 and Coppci[ Road. Theae plans will include propnsed meters, fire hydrants, mains and services m~d will be
prepared in conforrf'ance witt~ standard Cily requirements Included in this item is coordination of City review and approval of ltm
pimps prepared ms part of this item.
CONSTRUCTION PllASE SER¥1CES: Pacheco Koch will be perform construction phase services as described in Section 1.3 of the
'l{~e onginz_l (-:mltri~cL StUlq ',~;.k5 ................................................................................................................ $ 11.000.00
Net change by previous Chmtge Orders S N/A
The Ctm~r:~ct Sum l~or to rbis Chimge f~der was $ 11,000.00
T!le Conr~ac~ Sum will be increased by ~is Change Order ............................................................................. $ 48,000.00
Iht Contracl Time will be increas~l by (0) DAYS
Thc Date of Completion as of nhe date of this Change ~dcr ~erefore is ...................................................................... Unch~ged
S [JI~(_'ONTRACTOR
Pacheco K.'>ch Consulting Engineers, Inc.
S35()~XXe/.~al Expressway. # [001)
Lfid~s. Tc.a~'~520 6
C¢)NSTRUCT1ON 5:L~,NAGER (AGENT FOR TIlE O'~qNER)
Duke Realty Services Limited Partnership
5495 Belt Linc Road, Suite 3611
Dallas. TX 75254
0s 13 o2 I~:O? 1.\3~ .q72 3t~l ~800 I)IKK RI,i\I;I'Y CORPORATIO~
CHANGE ORDER
JOB NO:
PR()J E( T
CDDAIN-006
Ruby Road Realigmnent
Coppell, TX 75(I 19
DATE OF CHANGE ORDER:
CHANGE ORDER NO.:
Pacheco Koch Consulting Engineers
8350 N. Central Expressway
Suite
Dallas. Texas 75206
COST CODE:
CONTILACT FOR:
CONTRACT DATE:
You are directed to make the following changes in this Contract: ......
{)7/15/02
Two {2)
01-60~002
Surveying and Civil Engineering
03/4/O2
t )I:SCRIPT[ON-
Revise Section 3.2 to note thc fixed lke for the contract as $61,000.
Add the ~;ollowing item 1o the Specific Scope of Work in Section 1.1:
WATER MAIN EXTENSION: Pacheco Koch will prepare plans and details as required fo]' the replacement of an existing sanitary
sex~cr mab) as required These phms will 5ncludc proposed manlmles, cleanouts, mains and services and will be prepared in
conformance with standard City requirements. Included in lhis item is coordination of City review and approval of the plans prepared
as part oF this item
'lilt origsflal Contract SlIlii wa5 .............................................................................................................................. $ I 1,00000
Net chan~gc by previous Change Orders 5 48,000,00
Ti~e t 'ontracL Sum [hior to dq~ Chmge ~der w~s S 59,0~}.~
The Cor;traci Stzm will be increast~ by this Chm~ge Order ......................................................................................... $ 2.000.~
Th,: n,w Contract S~m including this Change Order will be $ 61,000.00
i tie ('..mi md I'ime tkdll be increased b) ~0) DAYS
Ihc Date of Complenon :ts of O~e dale of this Chmxge Order ~erefore is ......................................................................... [hichanged
, I [ CONIRACIOR
F'a:.Lcc,, K~Jch ('~ ,nsulting Engineers, lac.
535t N. ('eHtral Expressway, #1000
CONSTRUCTION MANAGER (AGENT FOR THE OWNER)
Duke Realty Services I.imited Partnership
5,ltJ5 Belt Line Road, Suite 360
Dallas, TX 75254