HomeMy WebLinkAboutItem 18 - Service CenterITEM
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: JANUARY 18, 2005
SUBJECT: AWARD OF A SURVEYING/CIVIL ENGINEERING DESIGN
SERVICES CONTRACT FOR GRAPEVINE MUNICIPAL
SERVICE CENTER IMPROVEMENTS
RECOMMENDATION:
City Council to consider awarding a contract to Pacheco -Koch Consulting Engineers in
the amount of $ 23,500.00 to provide Surveying and Engineering Design Services for
the Municipal Service Center improvements, authorize the Staff to execute said contract,
and take any necessary action.
FUNDING SOURCE:
Funds are available as follows:
Funding Source Account
02 GO Bonds 178-78101-014
BUDGET:
Engineering
Part I - Design Build Contract
Part II - Design Build Contract
Contingency
TOTAL
Amount
Award
$1,750,400.00
$23,500.00
Amount
Award
Percent
$ 25,000.00
$23,500.00
1.4%
12,000.00
0.7%
1,568,400.00
89.6%
$ 145,000.00
8.3%
$1,750,400.00 $23,500.00 100.00%
The funding for the surveying and engineering design services necessary for the
construction of these facilities is available from General Obligation Bond Funds allocated
for the Dove Loop Project.
January 12, 2005 (12:41 PM)
In addition to the Design -Build Contract, it is necessary that surveying and engineering
design services be provided in order to successfully complete this project. Surveying of
the site is necessary in order to develop a grading plan for the preparation of
construction of the new facilities. Engineering services including a Grading and
Drainage Plan, Storm Water Pollution Prevention Plan and a Site Utilities Plan are
included in this contract.
Staff recommends approval.
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January 12, 2005 (12:41 PM)
January 7, 2005 (Revised)
PK No.: 2316-0100
Mr. Robert H. Price, P.E.
CITY OF GRAPEVINE
501 Shady Brook Drive
Grapevine, Texas 76051
Re: Professional Civil Engineering & Land Surveying Services
MAINTENANCE FACILITY EXPANSION
SEC Shady Brook @ Scribner
-4 Grapevine, Tarrant County, Texas
Dear Mr. Price:
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.
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:
Surveying Services
TOPOGRAPHIC SURVEY. Pacheco Koch will perform an on the ground survey of
the service center facility (approximately 13.5 acres) under the direct supervision of
a Registered Professional Land Surveyor. The survey will include location of
permanent improvements on the site, spot elevations on a 50 -foot grid, contours
on one foot intervals, top of curb and gutter elevations for paving on the site,
locations of trees over 6 -inches in caliper or the outline of heavily wooded areas,
location of visible utilities and appurtenances, and the location and szes of
underground utilities based on available record information.
Engineering Services
DEMOLITION PLAN: Pacheco Koch will prepare a Demolition Plan for the
proposed project. The plan will include limits of demolition or removal as
appropriate, identification of items to be protected and/or preserved during
demolition and general notes related to the demolition activities. The scope of
work defined by this plan shall be limited to site work only. Plans and/or
specifications for demolition of buildings and structures shall be by others if
required.
Mr. Robert H. Price
January 7, 2005
Page 2
GRADING & DRAINAGE PLAN: Pacheco Koch will prepare a Grading & Drainage plan for the
project. This plan will show existing grades, proposed contours and spot elevations as
required, proposed grades at maintenance bays and existing and proposed finished floor
elevations. Included in this item is the preparation of a site Drainage Area Map that will define
storm discharges onto the site, the proposed drainage pattern on site, and on-site storm sewer
requirements. Also included in this item are the design of an on-site storm sewer, if required,
and the coordination of City review and approval of the plans prepared as a part of this item.
Not included in this item is the design of any off-site storm sewer or drainage improvements not
described above. Included in this item is one (1) revision to the plan to reflect site plan
changes as a result of City or Architect comments. Not included in this item is the design of
any underfloor drainage systems or grading, and the design of French drain systems around
the building perimeters.
STORM WATER POLLUTION PREVENTION PLAN: On March 5, 2003, the Texas Commission
on Environmental Quality (TCEQ) passed the Texas Pollutant Discharge Elimination System
(TPDES) to replace the current United States EPA National Pollutant Discharge Elimination
System (NPDES). The objective of the system is to control the discharge of storm water runoff
from construction sites through the use of erosion / sedimentation controls. These regulations
changed to affect storm water discharge associated with construction sites with a disturbed
area greater than 1 acre, or a smaller area that is part of a larger development that will
collectively disturb more than 1 acre. Pacheco Koch will prepare a Storm Water Pollution
Prevention Plan for the project area including the Erosion Control Plan, instructions to the
Contractor and Contractor's Checklists. Also included is assistance to the Owner and to the
Contractor in filing the required Notice of Intent (NO1) form for the proposed construction
activities. Not included in this proposal is the review and determination of any listed
endangered or threatened species or designated critical habitats in the project area.
SITE UTILITIES PLAN: Pacheco Koch will prepare plans for on-site water and sanitary sewer
improvements including manholes, cleanouts, fire hydrants, meters, mains and building
services to serve the proposed development. These improvements will be designed from
existing public mains located adjacent to the site to a point 5 -feet outside the proposed
building. This item will also include coordination with the respective public and franchise utility
companies to provide for the installation of gas and power services including required conduit
associated with these services. The required connection points for these utilities will be
coordinated with the MEP consultant or the Architect. Included in this item is coordination of
City review and approval of plans prepared as part of this item. Also included in this item is
one (1) revision to the plan to reflect site plan changes as a result of City, Owner or Architect
comments. Not included in this item is the design of any off-site utility improvements or
extensions.
Mr. Robert H. Price
January 7, 2005
Page 3
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. Boundary survey
5. Preliminary and final platting
6. Site Plan layout
7. Retaining wall design
8. Design of screening walls, light pole bases, transformer or generator pads, hardscape
features, pavers and/or site signage.
9. Detailed layout of walks and hardscape areas, including scoring patterns.
10. Design of any underfloor drainage systems or grading.
11. Design of french drain systems around the building perimeters.
12. Dedications of easements and/or right-of-way by separate instrument
13. Landscape Plan and Irrigation Plan
14. Site Lighting Plan
15. Signage Plan
16. Bid phase services including preparation of bid forms, solicitation of bids and coordination
with prospective bidders
17. Construction phase services including review of pay requests, review of shop
drawings, construction observation, and job progress meetings
18. Construction staking
19. Preparation of "As Built" drawings
SCHEDULE
Pacheco Koch acknowledges the importance to City of Grapevine 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 Grapevine 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:
Surveying Services
TOPOGRAPHIC SURVEY
k%y1►1_
Engineering Services
DEMOLITION PLAN
GRADING & DRAINAGE PLAN
STORM WATER POLLUTION PREVENTION PLAN
SITE UTILITIES PLAN
$ 9.500.00
$ 9,500.00
TOTAL (ENGINEERING SERVICES) $14,000.00
Mr. Robert H. Price
January 7, 2005
Page 4
Please note that the fees above are based on the assumption that Pacheco Koch will perform the
above services all together for this project. In the event any item is deleted from the scope of work,
Pacheco Koch reserves the right to adjust the fees for other items as appropriate.
SUMMARY
This proposal, unless otherwise noted, constitutes our understanding of the services to be provided by
Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is offered for
a period of thirty (30) days after which, if said proposal has not been executed, said proposal should
no longer be valid.
Pacheco Koch Consulting Engineers, Inc. is pleased to have this opportunity to submit this
proposal and look forward to working with you on this project. If the proposal and
accompanying agreement is acceptable to you as presented, please execute one copy of the
agreement form and return one original copy to our office. If you have any questions or would like any
additional information, please do not hesitate to call us at your convenience.
Sincerely,
Mark A. Pacheco, P.E., R.P.L.S.
MAP/nr
01-5239
STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES
(Rates are subject to change at any time.)
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Professional Civil Engineering and Land Surveying
Maintenance Facility Expansion
Grapevine, Tarrant County, Texas
PK No: 2316-0100
This Agreement is made between Pacheco Koch Consulting Engineers, Inc., a Texas corporation, (hereinafter referred to as
"PKCE") whose mailing address is $350 N. Central Expressway, Suite 1000, Dallas, Texas 75206, and City of Grapevine (hereinafter referred to
as "CLIENT"), whose mailing address is 501 Shady Brook Drive, Grapevine, Texas 76051, and is subject to the following terms and
conditions to which the parties mutually agree:
ARTICLE 1- SCOPE OF SERVICES
1.1 In consideration of the mutual covenants contained herein, PKCE shall perform the services identified in letter of proposal
dated January 7, 2005, which is made a part hereof, in accordance with the terms of this Agreement.
1.2 PKCE will commence the services upon receipt of an executed copy of this Agreement signed by an authorized
representative of the CLIENT and by an authorized representative of PKCE.
ARTICLE 2 -AMENDMENTS
2.1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Service required by this
Agreement by altering or adding to the Services to be performed, and any such changes in the Services shall be performed
subject to this Agreement. Upon receiving the CLIENT's request, PKCE shall return to CLIENT a written change proposal
setting forth an adjustment to the services and cost estimated by PKCE to represent the value of the requested changes.
Following CLIENT's review of PKCE's change proposal, CLIENT shall execute said written proposal authorizing PKCE to
perform the changes in the Services.
ARTICLE 3 - PROJECT COSTS AND PAYMENT
3.1 PKCE shall be compensated in accordance with the afore referenced letter of proposal and any subsequent executed
amendments to said proposal.
3.2 Direct costs such as application fees, review fees, blueprinting, reproductions, delivery fees, etc. are not included in the
fees above and will be charged at cost times a multiplier of 1.10. State sales tax shall also be considered a direct cost
when applicable and will be charged at cost. Please note that professional boundary surveying services are subject to
state sales tax.
3.3 PKCE will submit an invoice to CLIENT at the end of each month, on an hourly rate basis or based on the estimated
percentage of completion of the services as stipulated in the proposal, unless otherwise specified by the CLIENT in writing
and agreed upon by PKCE.
3.4 Payment shall be made by CLIENT within 30 days after receipt of the invoice.
3.5 PKCE shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the
subject property is finalized.
3.6 CLIENT shall provide written notification to PKCE within 15 days of receipt of the invoice should CLIENT object to all or any
part of charges appearing on the invoice. The portion of the invoice that is not in dispute shall be paid by CLIENT within 30
days of receipt of said invoice.
3.7 If legal action is necessary to enforce payment provisions of this Agreement, PKCE shall be entitled to collect from CLIENT
any judgement or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by PKCE in
connection therewith.
3.8 A finance charge of 1.50% per month will be paid by CLIENT for all non -disputed invoices after 30 days.
3.9 If CLIENT for any reason fails to pay the undisputed portion of any invoice within 30 days of presentation, PKCE has the
right to cease work on the project and CLIENT shall waive any claim against PKCE for cessation of services, and shall
defend and indemnify PKCE from and against any claims for injury or loss stemming from said cessation of services. In
the event the project is restarted, CLIENT shall also pay the cost of restarting and shall renegotiate appropriate contract
terms and conditions, such as those associated with budget, schedule or scope of service.
ARTICLE 4 - DELAYS AND TERMINATION
4.1 CLIENT or PKCE may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail
substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating
party. A complete settlement of all claims upon such termination of this Agreement shall be made as follows: CLIENT
shall compensate PKCE for the services performed up to the date of receipt of termination plus reasonable costs incurred
in terminating the services in accordance with PKCE's current fee schedule. In the event the services cannot be performed
on or before the projected due date because of circumstances beyond the control of PKCE, including, but not limited to
strike, fire, riot, excessive precipitation, act of God, governmental action, third party action or action of omission by CLIENT,
the services shall be amended by CLIENT and PKCE in accordance with Article 2 of this Agreement.
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4.2 CLIENT's failure to make payment to PKCE in accordance with the payment terms herein shall constitute a material
breach of this Agreement and shall be cause for termination by PKCE.
ARTICLE 5 - RIGHT OF ENTRY
5.1 CLIENT shall provide for PKCE's right to enter from time to time, property owned by CLIENT and/or others in order for
PKCE to fulfill the scope of services included hereunder.
ARTICLE 6 - INFORMATION PROVIDED BY OTHERS
6.1 PKCE shall indicate to CLIENT the information needed for rendering of services hereunder, and CLIENT shall provide to
PKCE such information as is available to CLIENT. CLIENT recognizes that it is impossible for PKCE to assure the
sufficiency of such information, either because it is impossible to do so, or because of errors or omissions, which may
have occurred in assembling the information. Accordingly, CLIENT waives any claim against PKCE, and agrees to defend,
indemnify and hold PKCE harmless from any claim or liability for injury or loss allegedly arising from errors, omissions, or
inaccuracies in documents or other information provided to PKCE by CLIENT. Further, CLIENT agrees to compensate
PKCE for any time spent or expenses incurred by PKCE in defense of any such claim, with such compensation to be
based upon PKCE's prevailing fee schedule and expense reimbursement policy.
ARTICLE 7 - CONSTRUCTION ACTIVITIES
7.1 CLIENT agrees that the General Contractor is solely responsible for job site safety and for construction means, methods,
sequence, techniques and procedures necessary for performing, superintending and/or coordination all construction
activities and warrants that this intent shall be made evident in CLIENT's agreement with the General Contractor.
ARTICLE 8 - CONFIDENTIALITY
8.1 PKCE shall maintain as confidential, and not disclose to others without CLIENT's prior written consent, all information
obtained from CLIENT, not otherwise previously known to PKCE in the public domain. The provisions of this paragraph
shall not apply to information in whatever form which (1) is published or comes into the public domain through no fault of
PKCE, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or
(iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction.
PKCE will notify CLIENT in writing immediately if information is requested under item (iii) above.
ARTICLE 9 - OWNERSHIP OF INSTRUMENT OF SERVICE
9.1 All reports, plans, specifications, field data, field notes, calculations, estimates and other documents prepared by PKCE,
as instruments of service shall remain the property of PKCE. PKCE shall retain these records for a period of five (5) years
following completion of services, during which period they will be made available to CLIENT at all reasonable times.
10.1 In compliance with Sec. 29 of the Professional Land Surveying Act, as enacted by the Legislature of the State of Texas, we
are required to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas Board of
Professional Land Surveying, 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 or branch or any third
party to the extent the same arise from (i) a breach by PKCE of any term or provision of this Agreement, (ii) violation by
PKCE of federal, state or local statute, rule, regulation or ordinance in the negligent performance of the Services, or (iii)
negligent errors or omissions of PKCE or its employees, agents, or subcontractors in the performance of the Services.
11.2 CLIENT shall indemnify, defend and hold harmless PKCE from and against any and all lawsuits, claims, liabilities,
actions, causes of action, demands, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not
limited to, reasonable attorney's fees and expenses, by whomever asserted, including, but not limited to, any government
entity, agency or branch, any third party, an employee, contractor employed or retained by PKCE, any third party or employee
employed or retained by PKCE, to the extent that such claim, property damage, injury or death resulted from (i) the
negligence or willful misconduct of CLIENT or agent of CLIENT, (ii) violation of federal, state, or local statute, rule,
regulation or ordinance by CLIENT or agent of CLIENT, (iii) CLIENT's alleged involvement or status asan 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 — FIDUCIARY RESPONSIBILITY
13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsultants or subcontractors has offered any fiduciary service
to the CLIENT and no fiduciary responsibility shall be owed to the CLIENT by PKCE or any of PKCE's subconsultants or
subcontractors, as a consequence of PKCE's entering into this Agreement with the CLIENT.
ARTICLE 14 -INSURANCE
14.1 PKCE represents that it now carries and will continue during the terms of this Agreement to carry Workers Compensation,
Comprehensive General Liability and Comprehensive Automobile Liability insurance in the following amounts and with
deductibles acceptable to CLIENT:
a) Commercial General Liability Insurance - $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 respectto claims made against PKCE for
negligent errors or omissions in the performance of the Services hereunder.
ARTICLE 15 -ASSIGNMENT
15.1 Neither PKCE nor CLIENT shall assign this Agreement in whole or in part without the priorwritten consent of both parties.
PKCE shall not subcontract any portion of the work to be performed hereunder, except that PKCE may use the services of
persons and entities not in the employ of PKCE when it is appropriate and customary to do so. Such persons and
entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. PKCE's
use of others for additional services shall not be unreasonably restricted by CLIENT provided PKCE notifies CLIENT in
advance.
ARTICLE 16 -NOTICES
16.1 Any notice given hereunder shall be deemed served when hand -delivered in writing to an officer or other duly appointed
representative of the party to whom the notice is directed, or if sent by registered or certified mail to the business address
identified at the end of the Agreement
ARTICLE 17 - ENTIRE AGREEMENT
17.1 The Agreement (including attached schedules) constitutes the sole and entire agreement between PKCE and CLIENT.
This Agreement replaces and supersedes all prior discussions and agreements between the CLIENT and PKCE with
respect to the matters contained herein.
By executing this agreement, PKCE and CLIENT indicate their acceptance and agreement with its terms.
City of Grapevine
By:
Name:
Title:
Date:
Pacheco Koch Consulting Engineers, Inc.
By:
Name: James A. Koch, Jr., P.E., R.P.L.S.
Title: Principal
Date: January 7, 2005
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