CF-Carter/Crowley-CS030929~,'._' X35 544
09/Y9/03 MON 11:18 FaS 972 235 9544 Pacheco Koch Consult Eng f~0U1
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Date: September 29, 2003
To: Mr. Ken Griffin
City of Coppell
Coppell, Texas
(972)304-3673
PK No.: 0100
From: James A. Koch Fax Number: {972) 235-9544
Re: Revised Pacheco Koch Proposal for Professional Land Surveying Services for
the 1.923 Acre Tract and the 22.1806 Acre Tract in Coppell, Texas. Originals
will follow via U.S. Mail.
Total Number of Pages Transmitted (Including this cover letter): 7
If You Do Not Receive All Pa es, Please Call At Once At 972 235-3031
Operator: Andrea
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FAX COVER LETTER
09/29/03 610N 11:18 FAX 972 l35 9544 Pacheco Koch Consult Gng ~ 002
September 29, 2003 (Revised)
PK No.: 0100
Mr. Ken Griffin
CITY OF COPPELL
255 Parkway Boulevard
Coppell, Texas 75019
~' Re: Professional Land Surveying Services
1.9293 ACRE TRACT
SEC Bethel and Freeport
22.1806 ACRE TRACT
NWC Coppell Road at Burns Street
Coppell, Dallas County, Texas
Dear Mr. Griffin
Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to
provide professional land surveying services relating to the referenced project.
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:
BOUNDARY SURVEY: Pacheco Koch will perform an on the ground survey of
the property under the direct supervision of a Registered Professional Land
Surveyor and will prepare a certified survey plat and written property description
of said tract. The survey will include the establishment of the boundary of the
tract based on recorded deed information, identification of boundary conflicts
with adjoining tracts, identification of any significant differences between the
established boundary and deed or plat information, the location of easements
and setback lines of which we have knowledge, and information regarding the
ownership of adjacent tracts. Pacheco Koch will not perform an abstract of title
on the subject tract, bui instead will rely on a commitment for Title Insurance
provided by the owner as being accurate and complete. Included in this item is
one (1) revision to the survey to address Title Company and lender comments
and/or changes to the certification. Additional revisions shall be made on an
hourly rate basis. The survey will not include field tying any improvements on the
site, or visible easements.
F/NAL PLAT: Pacheco Koch will prepare a Final Plat for the project based on a
Boundary Survey of the site pertormed by the firm. This plat will show
easements, dedications, and other information required by the City. Included in
this item is coordination of city review and approval of this plat and attendance at
city staff, Planning and Zoning Commission and City Council meetings as
normally required. Also included in this item is the monumentation of the
perimeter boundaries of the site. Not included in this item are any special
monumentation requirements by the City, including block corners, interior lot
corners, or flood plain corners.
09/29/03 MOV 11:19 F~1ti 972 235 9544 Pacheco Kocti Consult Eng ~ 003
Mr. Ken Griffin
September 29, 2003
Page 2
SCHEDULE
Pacheco Koch acknowledges the importance to 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. City of Coppell understands, however, that Pacheco 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:
1.9293 Acre Tract
BOUNDARY SURVEY
FINAL PLAT
TOTAL
22.1806 Acre Tract
BOUNDARY SURVEY
FINAL PLAT
TOTAL
$ 3,500.00
$ 3.000.00
$ 6,500.00
$ 4,500.00
S 4.000.00
$ 8,500.00
Please note that the fees above are based on the assumption that Pacheco Koch will perform the
above services all together for each site. 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.
JAK/as
01-4305
Koch, Jr., R. P. L.S.
09/29/03 M1[ON 17:20 P':AS 972 235 9544 Pacheco Koch Consult Eng f~004
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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:
FIoPPY (1.44 Mb) ..................................................................................... $ 1.00/ea
CD ............................................................................................................ $ B.OOfea
09/29/03 MON 11:10 P:1S 972 235 9544 Pacheco Koch Consult F?nK f~005
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Professional Civil Engineering and Land Surveying
1.923 Acre Tract & 22.1806 Acre Tract
Coppell, Dallas County, Texas
PK No: 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 City of Coppell
(hereinafter referred to as "CLIENT"), whose mailing address is 255 Parkway Boulevard, 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 letterofproposal
dated September 29, 2003, 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.
ARTICLE2-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, tire, 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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09/29/OS MON ll:ll I~AX 972 235 9544 Pacheco Roch Consult. F?ng f~006
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 shat! 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 far rendering of services hereunder, and CLIENTshall 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
detend, 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 forjob 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 - CONFIDENTIALfTY
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 properjurisdiction.
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 Incompliance 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
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 orbranch or anythird 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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09/29/03 MON 11:Y2 FAX 972 Y35 9n44 Pacheco Koch Consult Gng
ARTICLE 12 -LIMITATION OF LIABILITY
X007
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 -FIDUCIARY RESPONSIBILITY
13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsultants or subcontractors has offered anyfiduciary 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.
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 Liabilitylnsurance-$1,000,OOOperoccurrenceforbodilyinjuryordeathandpropertydamage,
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
lass of use thereof.
e) Errors and Omissions Insurance, Applicable to Services - $1,000,000 with respect to claims made against PKCEfor
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, exceptthat 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 of Coppell
By:
Name:
Title:
Date:
By:
Engineers, Inc.
Name: J`~es A. K~h, Jr., P.E., R.P.L.S.
Title: P cipal
Date: Sept~er 29, 2003
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