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HomeMy WebLinkAboutRes 2017-03-295 Pacheco Koch Landscape DesignJA Pacheco Koch �n October 10, 2018 (Revised) PK No.: 3939-0100 Mr. Maurice Schwanke Director of Planning & Development CITY OF ANNA P.O. Box 776 Anna, Texas 75409-0776 Re: Professional Landscape Architecture Services HWY 75 and HWY 121 / HWY 121 and HWY 5 City of Anna Anna, Collin County, Texas Dear Mr. Schwanke: Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to provide professional landscape architecture services relating to the referenced project. It is our understanding that this is a multi -phased project that includes the medians of S.H. 455 from S.H. 5 to U.S. 75 in Anna, Texas as shown in Exhibit "A", Phases 1 & 3 only. 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: SUBMITTALS & COORDINATION MEETINGS: A Landscape Architect from Pacheco Koch will attend up to (5) five meetings and/or presentations to coordinate with other team members and the owner during the design phase, and submit plans for formal TxDOT review as required. Included in this item: ■ Up to (1) one Planning and Zoning and/or City Council presentations. ■ Up to (4) four meetings with TxDOT and City Staff to coordinate the design and submittals. ■ Formal review submittals and responses to TxDOT at 30%, 60%, 90% and Final plans. SUPPLEMENTAL DESIGN REQUIREMENTS: Pacheco Koch will prepare additional plans for the following: Included in this item: ■ Clearing and Grubbing Plan for areas of clearing and general notes related to demolition activities. ■ SWPPP/Erosion Control Plan for areas of sediment control to manage the discharge of storm water runoff from the site during construction activities. ■ Standard TxDot Plans and Details to include general notes, schedules, and quantity summaries as required. 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com Mr. Maurice Schwanke October 10, 2018 (Revised) Page 2 Not included in this item: ■ Services associated with filing of the "Notice of Intent" form (NOI) to the Texas Commission on Environmental Quality (TCEQ) for the proposed construction activities. LANDSCAPE PLANTING PLANS: Pacheco Koch will provide a Landscape Planting Plan that consists of selection and location of ornamental plantings, street or site shade trees, turf, mulches and associated items. Included in this item: ■ Coordination of City review and TxDOT approval of plans prepared as part of this item. ■ Plan submittals meeting TxDOT requirements as previously described. ■ Construction documents for concepts approved and included in Exhibit "A". Not included in this item: ■ Paving, structural planters, walls, furniture and other inorganic site elements beyond those specifically identified in Exhibit "A". LANDSCAPE IRRIGATION PLANS: Pacheco Koch will provide a Landscape Irrigation Plan that consists of a fully automated irrigation system to service plantings on the site as required, Included in this item: ■ Plan submittals meeting TxDOT requirements as previously described. ■ Construction Documents: Plans to include Irrigation Plans to a level sufficient to demonstrate design intent and allow the construction thereof, including materials and quantity schedules, pipe sizing, notes and technical installation details. Technical specifications will be prepared for irrigation components. Not included in this item: ■ Graphic presentation documents. LANDSCAPE CONSTRUCTION ADMINISTRATION: Pacheco Koch will provide limited Bid and Construction Administration services related to the work shown on the Landscape Planting and Irrigation Plans. A representative will process shop drawings and product submittals, respond to RFIs, and issue supplemental instructions if required related to the work shown on the Landscape Architecture, Planting and/or Irrigation Plans provided by Pacheco Koch. Submittals not required by the contract documents or not related to plans developed by the landscape architect will not be reviewed. At the Client's request, a representative will attend up to three (3) Owner/Architect/Contractor (OAC) project coordination meetings during construction. At the request of the Owner, Pacheco Koch will visit the site at critical junctures during the course of site construction up to five (5) times, Recommended times for site visits could include: ■ Paving mockups and site formwork/reinforcing. ■ Testing of the irrigation main line and landscape drainage structures. ■ Upon completion of soil preparation and finish grade, after plant material has been laid out, but prior to actual planting. ■ Substantial Completion Walk -Through ■ Final Completion Walk -Through. This shall not be construed as performing continuous construction inspection. Mr. Maurice Schwanke October 10, 2018 (Revised) Page 3 Please note the following: ■ Pacheco Koch shall not at any time supervise or have authority over any Contractor work or jobsite management procedures, nor shall Pacheco Koch have authority over or be responsible for the means and methods, or procedures of construction selected or used by the Contractor. ■ Pacheco Koch neither guarantees the performance of the Contractor nor assumes responsibility for the Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. ■ Pacheco Koch shall not provide or have any responsibility for surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. ■ Pacheco Koch shall not be responsible for the acts or omissions of the Contractor or for any decision or interpretation of the Contract Documents made by the Contractor. ■ While at the Site, Pacheco Koch's employees and representatives shall comply with the specific applicable requirements of the Contractor's and Owner's safety programs of which Pacheco Koch has been informed in writing. Based on our understanding of the scope of services, the following items are not included in this proposal: 1. Geotechnical investigation 2. Environmental investigations 3. Boundary and topographic surveying (it is anticipated that the as -built digital survey of White Avenue will be provided). 4. Coordination of gas, electric, telephone and cable television service 5. Retaining wall design 6. Design of screening walls, light pole bases, transformer or generator pads and/or site signage. 7. Design of any underfloor drainage systems or grading. 8. Design of french drain systems. 9. Site Lighting Plan 10. Signage Plan 11. Bid phase services including preparation of bid forms, solicitation of bids and coordination with prospective bidders 12. Construction phase services beyond specifically described above. 13. Construction staking 14. Preparation of Record Drawings SCHEDULE Pacheco Koch acknowledges the importance to City of Anna 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 Anna understands, however, that Pacheco Koch's performance must be governed by sound professional practices. If, through no fault of Pacheco Koch, such periods of times or dates are changed, or the orderly and continuous progress of Pacheco Koch's services is impaired or Pacheco Koch's services are delayed or suspended, then the time for completion of Pacheco Koch's services, and the rates and amounts of Pacheco Koch's compensation, shall be adjusted equitably. 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. Mr. Maurice Schwanke October 10, 2018 (Revised) Page 4 COMPENSATION Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total fee, exclusive of direct reimbursable costs, as follows: SUBMITTALS & COORDINATION MEETINGS $ 6,000.00 SUPPLEMENTAL DESIGN REQUIREMENTS $ 8,000.00 LANDSCAPE PLANTING PLANS $ 16,000.00 LANDSCAPE IRRIGATION PLANS $ 6,000.00 LANDSCAPE CONSTRUCTION ADMINISTRATION $ 9,000.00 TOTAL $ 45,000.00 Please note that the fees above are based on the assumption that Pacheco Koch will perform the above services all together for this project. In the event any item is deleted from the scope of work, Pacheco Koch reserves the right to adjust the fees for other items as appropriate. SUMMARY This proposal, unless otherwise noted, constitutes our understanding of the services to be provided by Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is offered for a period of thirty (30) days after which, if said proposal has not been executed, said proposal should no longer be valid. Pacheco Koch Consulting Engineers, Inc. is pleased to have this opportunity to submit this proposal and looks 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. Upon receipt of notice to proceed, either in writing or verbally, it will be assumed said agreement is accepted by all parties and services will be provided accordingly. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience. Sincerely, Wade C. 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Eag 3 r4, )§(§ § r ( _ `\ ■k <7 \} ee <a - \\ \ :� \\ D ® 0 §R \ )0k § }� (( k( kk(kk °ƒ \ (\\ R} 5G =:=ws kk!«, [* R ID ( (� -- j�j�� \\\\\ \§( �\ �e, u §\ So �§§§\ )J!!\ ��u §§ 2«¥ „ �2 r0`;@■(m\tea\�� . . C; a5f ; {{7 L LL ! ; ;z2 000 ; <_« )kkk .#;■; ! )§� �Kkkakc (D co � U) W � O U C= � � Q � � co O ry : � � Z 0 � � Z W W w (D Q Z Z R � 0 z 0 U 4F, W U CO U C cu C N C cu m CL ca U U) cu J (D C i N U Q riA Z W NW �I J4 Pacheco Koch SCHEDULE OF STANDARD HOURLY BILLING RATES (Our hourly rates are subject to change at any time.) ENGINEERING SURVEYING Principal .............................................$225.00/Hr. Principal ............................................. $225.00/Hr. Associate Principal ..........................$200,00/Hr. Associate Principal ........,..,.....,......,.$200.00/Hr, Director ..............................................$200.00/Hr. Director .............................................. $200.00/Hr. Senior Project Manager ..................$160,00/Hr. Senior Project Manager .................. $150.00/Hr. Senior Project Coordinator .............$160.00/Hr. Senior Project Coordinator ............. $150.00/Hr. Project Manager..............................$120.00/Hr. Project Manager .............................. $120.00/Hr. Project Coordinator ........................$120,00/Hr. Project Coordinator ....,..,....,...........$120.00/Hr. Project Engineer.................................$95.00/Hr. Project Surveyor ................................. $95.00/Hr. Senior Technician ............................$110.00/Hr, Survey Intern ......................,.........,,.,..,$90.00/Hr. Technician ..........................................$80.00/Hr. Senior Technician ..............,..,..,..,......$90.00/Hr. Drafter ..................................................$75.00/Hr. Technician .....................,,.,.,..,.,........,,$80.00/Hr. Research Manager...........................$80,00/Hr. Drafter .................................................. $75.00/Hr. Technical Assistant ............................$50,00/Hr. Research Manager ........................... $80.00/Hr, Executive Assistant ............................$85.00/Hr. Technical Assistant .....................,......$50,00/Hr. Senior Administrative Assistant ......... $80.00/Hr. Executive Assistant ............................$85,00/Hr. Administrative Assistant ....................$70.00/Hr. Senior Administrative Assistant ......... $80.00/Hr, Expert Witness Testimony ................$350.00/Hr. Administrative Assistant ..,............,...,$70.00/Hr. LANDSCAPE ARCHITECTURE Expert Witness Testimony ................$350,00/Hr. Principal .............................................$225.00/Hr. Survey Field Crew (1 -person) ........... $95.00/Hr. Associate Principal ..........................$200.00/Hr. Survey Field Crew (2 -person) .........$140,00/Hr. Director ..............................................$200,00/Hr. Survey Field Crew (3 -person) .........$195.00/Hr. Senior Project Manager ..................$150,00/Hr. Survey Field Crew (4 -person) ,.,.,,...$250,00/Hr. Project Manager..............................$120,00/Hr, Survey Scanner Crew (1 -person) ... $175.00/Hr, Project Landscape Architect .....,.,.,$95.00/Hr. Survey Scanner Crew (2 -person) ... $220,00/Hr. Landscape Designer.........................$75,00/Hr. Survey Scanner Crew (3 -person) ... $300.00/Hr. Drafter ..................................................$75.00/Hr. Executive Assistant ............................$85.00/Hr. Senior Administrative Assistant ......... $80,00/Hr. Administrative Assistant ....................$70.00/Hr. Expert Witness Testimony ................$350.00/Hr, rev. 03/2018 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com „Pacheco Koch STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES (Rates are subject to change at any time.) Reproduction: Black Line Bond Prints ....................................... Black Line Vellum Prints .................................... Black Line Mylar Prints ...................................... Color Bond Plots ................................................ Color Prints (8 112” x 11 ")................................. Photocopies (8 112 " x 11 ") .............................. Monumentation (Materials Only): ........................................... $ 0.50/sf ........................................... $ 1,50/sf ........................................... $ 2.00/sf ........................................... $ 3,00/sf .........................................$ 1.00/ea .........................................$ 0,10/ea 3" Aluminum Disks.............................................................................................$25.00/ea Mounting: Foam-core(3/16").......................................... ....................... $4.00/sf Binding Services: Punch& Bind.......................................................................................................$2.00/ea Storage Media: CD........................................................................................................................$ 8.00/ea Travel Expenses: Per Diem (Lodging/Meals)........................................................... $ 125.00/Day/Person rev. 12/2012 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Hwy 75 and Hwy 121 / Hwy 121 and Hwy 5 Anna, Collin County, Texas PK No: 3939-0100 This Agreement is made between Pacheco Koch Consulting Engineers, Inc., a Texas corporation, (hereinafter referred to as "PKCE") whose mailing address is 7557 Rambler Road, Suite 1400, Dallas, Texas 75231-2388, and the City of Anna, (hereinafter referred to as "CLIENT"), whose mailing address is P.O. Box 776, Anna, Texas 75409-0776, 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 October 10, 2018, 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. 1.3 PKCE shall not be responsible for a CLIENT's directive or substitution made without PKCE's agreement and which agreement shall not be unreasonably withheld. 1.4 PKCE shall provide services to CLIENT as an independent contractor, not as an employee of the CLIENT or of the City of Anna, Texas. PKCE shall not have or claim any right arising from employee status. CLIENT shall not control the means, methods, sequences, procedures, or techniques utilized by PKCE to perform work or services under this Agreement. 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 U.S. Dollars, in accordance with the afore referenced letter of proposal and any subsequent executed amendments to said proposal. 3.2 Unless otherwise noted, 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. 3.3 State and local 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. 3.4 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. 3.5 Payment shall be made by CLIENT within 30 days after receipt of the invoice. 3.6 PKCE shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the subject property is finalized. 3.7 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. 3.8 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. 3.9 A finance charge of 1.50% per month will be paid by CLIENT for all non -disputed invoices after 30 days. 3.10 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: In the event of any termination PKCE will be entitled to invoice CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, CLIENT shall have the limited right to the use of Documents, at CLIENT's sole risk, subject to the provisions here within. 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. 4.2 If the CLIENT suspends the Project, PKCE shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, PKCE shall be compensated for expenses incurred in the interruption and resumption of PKCE's services. PKCE's fees for the remaining services and the time schedules shall be equitably adjusted. 4.3 If the CLIENT suspends the Project for more than 90 cumulative days for reasons other than the fault of PKCE, PKCE may terminate this Agreement by giving not less than seven (7) days' written notice. 4.4 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. A-1 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. CLIENT shall be responsible for, and PKCE may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to PKCE pursuant to this Agreement. PKCE may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. 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. 6.2 Subject to the standard of care set forth here within, PKCE and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. 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. 7.2 Unless otherwise required in this Agreement, PKCE shall have no responsibility for discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. ARTICLE 8 - CONFIDENTIALITY 8.1 PKCE shall maintain as confidential, and not disclose to others without CLIENT's prior written consent, all information obtained from CLIENT, not otherwise previously known to PKCE in the public domain. The provisions of this paragraph shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of PKCE, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. PKCE will notify CLIENT in writing immediately if information is requested under item (iii) above. PKCE shall keep such information strictly confidential and shall not disclose it to any other person except to (i) its employees, (ii) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (iii) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 9 - OWNERSHIP OF INSTRUMENT OF SERVICE 9.1 All documents prepared or furnished by PKCE (and PKCE's subcontractors or subconsultants) pursuant to this Agreement (including but not limited to design documents) are instruments of service, and shall become the property of CLIENT upon the termination of this Agreement. PKCE shall irrevocably transfer to CLIENT a perpetual, transferable, non-exclusive license of all intellectual property rights associated with the Project materials, immediately upon delivery to CLIENT, without additional compensation or additional documentation. PKCE is entitled to retain copies of all such documents. The documents prepared and furnished by PKCE are intended only to be applicable to this Project, and CLIENT's use of these documents in other projects shall be at CLIENT's sole risk and expense. ARTICLE 10 - JURISDICTION 10.1 In compliance with Sec. 29 of the Professional Land Surveying Act, as enacted by the Legislature of the State of Texas, we are required to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A, Suite 156, MC -230, Austin, Texas 78753, (512) 239-5263. Complaints regarding surveying services rendered may be addressed to that agency. The firm registration number is TBPLS No. 10008000. 10.2 This Agreement is to be governed by the laws of the State of Texas. ARTICLE 11 - INDEMNITY 11.1 PKCE shall indemnify and hold harmless CLIENT against liability for damage, other than liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by PKCE or PKCE's agent, consultant under contract, or another entity over which PKCE exercises control. 11.2 To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless PKCE and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to, all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs), 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 was caused by (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) incomplete or inaccurate information provided by CLIENT to PKCE provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate CLIENT to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. ARTICLE 12 - LIMITATION OF LIABILITY 12.1 This Section 12.1 is intentionally deleted. 12.2 If, due to PKCE's error, any required item or component of the project is omiffed from the construction documents, PKCE's liability shall be limited to the difference between the cost of adding the item at the time of discovery of the omission and the cost had the item or component been included in the construction documents. In no event will PKCE be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project. A-2 12.3 CLIENT and PKCE mutually agree that PKCE's liability to CLIENT for all causes shall be limited to the proceeds from any insurance available to PKCE. ARTICLE 13 - FIDUCIARY RESPONSIBILITY 13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsultants or subcontractors has offered any fiduciary service to the CLIENT and no fiduciary responsibility shall be owed to the CLIENT by PKCE or any of PKCE's subconsultants or subcontractors, as a consequence of PKCE's entering into this Agreement with the CLIENT. 13.2 If this Agreement is a subcontract to CLIENT'S agreement with OWNER, CLIENT also confirms that neither PKCE nor any of PKCE's subconsultants owes a fiduciary responsibility to the CLIENT or OWNER. CLIENT shall, as a material element of the consideration the Consultant requires performance of the services enumerated herein, require OWNER to formally recognize this provision in CLIENT's agreement with OWNER. ARTICLE 14 - INSURANCE 14.1 PKCE represents that it now carries and will continue during the terms of this Agreement to cant' Workers Compensation, Comprehensive General Liability and Comprehensive Automobile Liability insurance required by the laws of the State of Texas. A current PKCE Insurance Certificate will be provided to the CLIENT, if requested. CLIENT shall be named as an additional insured under the above -referenced Comprehensive General Liability policy and shall be provided any defense provided by the policy. ARTICLE 15 - ASSIGNMENT 15.1 Unless otherwise noted, neither PKCE nor CLIENT shall assign this Agreement in whole or in part without the prior written consent of both parties. PKCE shall not subcontract any portion of the work to be performed hereunder, except that PKCE may use the services of persons and entities not in the employ of PKCE when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. PKCE's use of others for additional services shall not be unreasonably restricted by CLIENT provided PKCE notifies CLIENT in advance. 15.2 PKCE may, at their discretion, assign this contract to a subsidiary of PKCE, PKCE shall notify CLIENT of their assignment at such time it takes place. 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 or by a commercial courier service to the business address identified at the end of the Agreement. All notices shall be effective upon the date of receipt. ARTICLE 17 - STANDARD OF CARE 17.1 With respect to the services that are the subject of this Agreement, PKCE shall perform: (1) with the professional skill and care ordinarily provided by competent engineers and/or architects, as applicable, practicing under the same or similar circumstances and professional license: and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer and or architect, as applicable. PKCE makes no warranties, express or implied, under this Agreement or otherwise, in connection with PKCE's services. ARTICLE 18 - OTHER PROVISIONS 18.1 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. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument signed by both CLIENT and PKCE. 18.2 Any signature of or pursuant to this Agreement, shall be considered for all purposes an original signature and of the same legal effect as an original, provided that at the request of a party any signature sent by facsimile or email shall be subsequently confirmed by an original re-execution. 18.3 All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 18.4 Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and PKCE, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 18.5 CLIENT shall not rely in any way on any Document unless it is issued in final form, signed or sealed by PKCE or one of its Consultants. 18.6 A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18.7 To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. 18.8 This Agreement is entered into solely for the benefit of PKCE and CLIENT. It shall not be construed in any fashion which creates or supports any cause of action by an outside party. 18.9 Exclusive jurisdiction and venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be con ed in accordance with the laws of the State of Texas. By executing his greement, P CE a d CLIENT indicate their acceptance and agreement with its mss. City of Ann Pacheco Ko Consultin' Engineers, Inc. By:� J By: Name: Name: James A.och 1 Jr., P.E., R.P.L.S. Title: 1 i vt/�/1�/�- G � )kTitle: Vice Presid J Date: _ / r 1 C) Date: October 10, 2018 A-3