6626 EXECUTED CONTRACT PSA American Legion Building Replacement Design
Docusign City Manager Approval Transmittal Coversheet
File Name
Purchasing Contact
Contract Value
Piggy Back Option
Contract Expiration
DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164
6626
$64,220
Cindy Alonzo
RFQ
Upon project completion & acceptance by City
no
Design of American Legion Building Replacement
Request for City Manager Approval of Purchase
DATE: December 1, 2017 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Herman Lawson at 349-7755.
ACM: Mario Canizares
SUBJECT
Request for City Manager approval to award a professional services agreement for design
services to replace the American Legion South building from the Eikon Consulting Group in a
not-to-exceed amount of $64,220 (RFQ 6626).
BID/FILE INFORMATION
The original structure was built in 1949 by members of the American Legion Post. After
construction, this building became the meeting location for African-American legionnaires.
The building was built before its property became a city park. Later, Fred Moore, a community
leader and neighborhood resident, collected funds to improve the property and the surrounding
structure. The property was later donated to the City of Denton for use as a neighborhood park.
In 1953, the City leased the building to the Legion Hall. The American Legion Hall South was
rehabilitated in accordance with City Council’s direction. The Parks and Recreation
Department coordinated the design and bidding of the renovation of the American Legion
Building in Fred Moore Park. The project was funded through a $100,000 grant from the
Community Development Block Grant program in 1994 and was reaffirmed by the approval of
the new lease agreement with the American Legion Post #840 in 1995. By Ordinance 95-156,
dated August 15, 1995, the City Council canceled the existing lease with American Legion
Post #840 for use of the building and took possession of the property. The American Legion
Hall South rehabilitation project began and was completed in 1996.
In 2000, work was done on the slab foundation at the American Legion Hall by Denton
Foundation Repair. Since the foundation project in 2000, they continued to perform minor
work over the years to address the foundation shifting issues. Additionally, Parks and
Recreation staff worked closely with Facilities Management to identify and make repairs to the
building as needed. A significant factor impacting the building’s foundation is due to the slab
being poured independently of the walls which were already built. Facilities Management
contacted Denton Foundation Repair to come back out and reassess the foundation in October
2017. The report shows variations in measurements up to five (5) inches.
Informal Request for Qualifications (RFQ) were sent to seven (7) prospective architectural
firms. Three (3) of the seven (7) prospective firms are local firms. Five (5) proposals meeting
specifications were received. The proposals were evaluated based upon published criteria
including specialized experience, timeliness and cost control, organization to perform, and
familiarity of the City of Denton processes. The scope of the work includes but not limited to;
schematic design, design development, construction documentation, bidding/negotiation
assistance, and construction administration. The two (2) top ranked respondents out of the five
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Request for City Manager Approval
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(5) were interviewed including a local firm, Nelson + Morgan Architects. Eikon Consulting
Group (Eikon) of Sanger, Texas was selected by the evaluation committee as the most
qualified respondent. Eikon’s basic architectural fee includes consulting engineer services for
on-site civil engineering services, structural design, mechanical, plumbing and electrical
engineering and roofing consultant design services. The proposed amount for these basic
services is $59,220. Additional services including the following: additional structural,
mechanical, electrical engineering services, and reimbursable expenses, are estimated to not
exceed $5,000.
RECOMMENDATION
Facilities Management recommends approval of the purchase of the replacement of American
Legion South building from Eikon Consulting Group in the amount of $64,220.
PRINCIPAL PLACE OF BUSINESS
Eikon Consulting Group
Sanger, TX
ESTIMATED SCHEDULE OF PROJECT
This project should be completed within 325 days upon receipt of the notice to proceed.
CONTRACT ADMINISTRATOR
Herman Lawson, Project/Construction Administrator
FISCAL INFORMATION
The project will be funded from account number, 100233444.1365.40100.
EXHIBITS
Exhibit 1: Contract
Requested by:
Name: Herman Lawson
Phone 940-349-7755
Requisition # 136462
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Request for City Manager Approval
Page 3
Respectfully submitted:
Purchasing
Expenditure Approved:
__________________________
City Manager or Designate
__________________________
Date
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12/4/2017
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PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
CONTRACT 6626
THIS AGREEMENT is made and entered into on ____________________________, by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East
McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “Owner” Eikon Consulting
Group, LLC, with its corporate office at 1405 W. Chapman Drive, Sanger, Texas 76266, hereinafter
called “Design Professional,” acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the design
services as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 4, in connection with the Project. The Project shall include,
without limitation, RFQ 6626 – Design Services for the Replacement of American Legion South
Building, located at 629 Lakey Street, Denton, Texas.
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $59,220.
2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the
total compensation for the Basic Services satisfactorily completed at the end of the following phases
of the Project:
Architectural/Structural/Mechanical/Electrical/Plumbing $42,360
Geotechnical 2,700
Civil 8,500
Survey 1,760
Landscape Architecture 2,650
TAS Review and Inspection 1,250
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
EXHIBIT 1
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Principals $215 per hour
Associates $160 per hour
Technical Staff $90 per hour
Clerical Staff $65 per hour
Soil Sampling: $17 per foot
Soil Testing:
Moisture Content $7 each
Atterburg Limit $65 each
Swell Test $120 each
Unconfined Compression $40
**Minimum Charge $750
Additional meeting costs (beyond scope of work) $750
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of 1.1 times the amounts billed
to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1 times the
expenses incurred by the Design Professional, the Design Professional's employees and consultants in the
interest of the Project as defined in the General Conditions but not to exceed a total of $5,000 without the
prior written approval of the Owner.
2.4 SCHEDULE The Design Professional will be authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the detailed design services in a total of
approximately 325 calendar days as shown on the schedule included in Exhibit B.
SECTION 3
INVOICES
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney
St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as
identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual
circumstances arise. Invoices must be fully documented as to labor, materials, and equipment
provided, if applicable, and must reference the City of Denton Purchase Order Number in order
to be processed. No payments shall be made on invoices not listing a Purchase Order Number.
SECTION 4
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering Services.
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2. Exhibit A - The Design Professional’s Proposal
3. Exhibit B – Schedule
4. Exhibit C - Fee
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:__________________________
TODD HILEMAN
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
EIKON CONSULTING GROUP LLC
BY:__________________________
BRAD ISBELL, P.E.
PRESIDENT
WITNESS:
BY: __________________________________
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the “Agreement”) and proposal (the “Proposal”) to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the “Design Professional”) or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the “Services”).
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the “Degree of Care”). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional’s Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
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2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, as outlined in Section 5.2, the Design Professional will provide an associated fee and scope to
revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the
Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
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responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
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3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
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4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
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ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner’s use of such documents in other projects shall be at Owner’s sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional’s receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
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8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and a ll liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties’ defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any succes sor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not l ess than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compl iance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers’
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provisio n that such insurance shall not be canceled or
modified without thirty (30) days’ prior written notice to Owner and Design Professional. In such event, the Design Professi onal shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, 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 such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
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11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional’s promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Profess ional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt re quested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Ag reement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing th e intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable t o the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
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CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session .
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of th e local government entity not later than
the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See
Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 th business day after the
date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
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Brad Isbell
12/4/2017
940·458·7503 | 1405 W. CHAPMAN DRIVE · SANGER, TEXAS 76266 | EIKONCG.COM
AGREEMENT FOR CONSULTING SERVICES
Date October 18, 2017
Client City of Denton Facilities Management
869 S Woodrow LN
Denton, Texas 76205
Dawn.Wilson@cityofdenton.com
(Delivered via email)
Project Name and Location Replacement of American Legion South Building
629 Lakey Street
Denton, Texas
As requested, EIKON Consulting Group, LLC (EIKON) is pleased to submit this proposal for professional
consulting services related to the above referenced project. Our proposed Scope of Services, Assumptions,
Deliverables, Schedule, and Fee are outlined below.
Detailed Project Description
We understand the project includes the demolition and replacement of an existing 1950’s era CMU block
building with a slab-on-grade foundation, and wood framed roof structure. The approximate sq. footage of
the proposed new building will be +/-2,675 GSF to reflect the same square footage of the building being
demolished. There is a second CMU block building and a stand-alone canopy structure on the site that will
remain, and are not part of the current scope of work.
EIKON will work with the City of Denton, the American Legion, the local community, and other stakeholders
to identify the required component spaces of the new building. Through this process, and the further
refinement to the program elements and budget, EIKON will identify and emphasize a connection to the
local community, and to Fred Moore Park. EIKON will research the available land with respect to utilities,
easements, building setbacks, parking, and landscaping requirements. Upon completion of the research
and programming portions of the project, EIKON will develop a concept design, site plan, and elevations to
highlight and emphasize those connections, and comply with our code research. And, if requested, EIKON
can develop artistic renderings that can be utilized to show the community the important connection this
new facility will have, and to bring to life the vision of the community and stakeholders.
EIKON will assist with developing a budget that is adjusted for current conditions in the construction market,
and reflects the material selections listed below. As we understand from the assessment performed
previously, the budget is approximately $439,000 excluding design fees and permits etc. From the initial
discussion with the user group it appears there may be needs beyond a replacement of the exact square
footage. EIKON will work with the City and the American Legion to clearly define the appropriate design
including final necessary square footage for the intended use of the facility. Should this result in additional
funds that will increase the budget, EIKON will present an additional services request accordingly to reflect
the increase in scope.
As we currently understand the project, we anticipate the new building consisting of the following:
- Concrete foundation (type to be determined when Geotechnical Report is issued)
- CMU block exterior walls painted to match existing.
- Prefabricated wood roof truss construction with composition roofing to match existing.
EXHIBIT A
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- Wood stud interior walls faced w/gyp. bd, and painted.
- VCT flooring or stained concrete,
- Insulated, thermally broken, single-hung aluminum windows, with precast stone sills
- Insulated hollow metal exterior doors, painted.
- Insulated aluminum store front entry doors and framing.
- Toilet fixtures to be standard commercial grade.
- Lighting package to be standard commercial grade.
- Painted gyp. bd. ceiling on bottom of roof trusses.
- Fiber cement soffit and facia trim, painted.
- Retaining walls as necessary to accommodate existing grade changes, and drainage.
- A commercial exhaust hood to accommodate the existing kitchen function.
- HVAC systems to be standard commercial grade with gas service.
- Electrical service to be a single phase 200A service.
- Site work and accessibility design.
- Meet all LEED prerequisites
Scope of Services (Exhibit A)
Descriptions of Specific Services
Architectural
· Programming
· Space Planning
· Code Review
· Egress Plan
· Floor Plans
· Elevations
· Reflected Ceiling Plans
· Wall Sections
· Interiors
· Renderings
· Construction Documents
· Project Manual
· Energy Code – Envelope COMCheck
· Opinion of Probable Cost @ Schematic Design & updated at 95% CD’s
· Accessibility Plan Review (EIKON will register the project with TDLR, provide coordination with
the TAS Reviewer, and finalize any comments from the review)
· Permit Submission, Review and Response Coordination
· EIKON has included hours to attend up to eight (8) project design meetings with the Client and
two (2) Council Meetings.
Geotechnical Investigation
· Geotechnical subsurface investigation of proposed site.
· EIKON will engage a third party subcontractor to complete borings as follows with truck
mounted drilling equipment:
· 2 borings to a depth of 25’ beneath the proposed building site
· 2 borings to a depth of 5’ beneath the proposed pavement areas
· *depths of borings may be modified depending on field conditions*
· EIKON will complete a maximum of one site visit in order to determine location of borings
· EIKON will complete testing on the soil samples with type and amount of testing to be
determined by the Engineer:
· Moisture Content, Atterberg Limits, Swell Tests, Unconfined Compression Testing,
Pocket Penetrometer Readings, Determination of Suction Values, Hydrometer, % fine
clay readings, % Passing #200 Sieve, Unit Weight Determinations
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· Written Geotechnical Report to include:
· Report and Recommendations for alternate foundation types, bearing values,
Potential Vertical Movement estimates, and required soil modification to reduce the
PVM for proposed site
· Boring Logs with full testing data
Civil
· EIKON will prepare construction plans that will include the building and site improvements
suitable for construction and bidding. We assume water and sanitary sewer utilities are
available adjacent to the site to serve this project. EIKON will prepare the following design
plans:
· Existing Conditions and Demolition Plan
· Site and Dimensional Control Plan (Site Plan with Dimensional Control)
· Existing and Proposed Drainage Area Maps (with calculations)
· Paving Profile
· Utility Plan
· Site Grading, Paving and Striping Plan
· Recommended Erosion and Sediment Control Plan
· Site Construction Details
· Utility Details
· Erosion Control Details
Topographic Survey
EIKON will subcontract with a Registered Professional Land Surveyor to complete a topographic
and tree survey for the project area. Existing above grade features such as water and
wastewater service locations and mains, inlet and storm drain flow lines, franchised utility
locations, contours and other features will be obtained as determined from above ground Texas
811 markings, on-the-ground observation of features and appurtenances, and available City
record drawings.
Landscape Architecture
· Landscape Design
· Irrigation design by performance specifications
· City Landscape Ordinance Compliance
· Development of Construction Documents
· EIKON has excluded hardscape design, water features, and special interest designs.
Structural
· Foundation Plan
· Roof Framing Plan
· Details and Sections
· Retaining Wall Design
Mechanical, Electrical, Plumbing
· Lighting design
· Power, signal, and electrical distribution design
· Design of rough-in requirements for data, security, and communications systems
· Fire alarm
· HVAC design
· Plumbing design
· Energy code analysis for lighting and HVAC systems
Construction Administration
· Bidding Assistance
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· Checking shop drawings
· Construction Kickoff Meeting and Bi-Monthly Site Meetings with Contractor
· Answering RFIs
· Clarification Drawings as Requested
· Review Payment Applications
· Site Observations
· Project Close Out
· Accessibility Inspection Coordination w/TAS Reviewer
Assumptions
Typical Assumptions
· Client will provide necessary information for timely completion of the project.
· EIKON will not provide the following services:
· Continuous on Site Observation or Quality Control
· Construction Materials Testing
· Special inspections (if required) shall be performed by a third party company.
· American with Disabilities Act (ADA) or Texas Accessibility Standards (TAS) review will be required.
· EIKON’s fee assumes that the project will progress in a continuous and orderly fashion and we will
expedite the project as much as practical. The project is intended to be developed, designed and
constructed as one entire project and not as an interim or partial design for phased project bidding.
Significant project delays or partial design elements through no fault of EIKON may be basis for
negotiation of additional fee for professional services.
· EIKON’s fee is based upon the current scope of work, and opinion of probable cost. In the event that
the scope of work for this project changes during the execution of it, EIKON proposes to negotiate
additional fees associated with the additional work. Prior to the start of any new work we will identify
the additional Scope of Work with associated tasks, and submit a budgetary cost estimate and
proposed work schedule for your approval.
· The Client will reimburse all required fees to any regulatory agencies for submission and or review.
· Changes in design by the Client and/or the Owner/Architect after conceptual design is completed and/or
after any City submittals and/or approvals will be an extra service requiring a separate proposal/extra
work authorization.
· Construction as-built drawings are not included.
Geotechnical Assumptions
· Clearing to obtain access to testing site to be performed by a third party
· Additional site visits to repair/replace soil within test borings due to settlement. Soil will be replaced
within each test boring hole, however it will not be to its original compaction. Settlement of the hole
may occur or the hole may be washed out completely.
· Repair of pavement or grading of sites after completion of testing due to drilling rig causing damage to
property due to the weight of the machine will be performed by a third party.
· Maximum of one site visit will be required for location of borings. Additional site visits required due to
moving of buildings on site, determination of underground utility location by the client that may require
borings to be moved, or other reasons outside the control of EIKON will be invoiced per current
schedule of fees.
Civil Assumptions
· Onsite drainage will be designed to sheet flow to drain into the existing drainage system.
· The existing onsite utilities have adequate capacity to serve the proposed facility.
· Earthwork calculations will not be required.
· Should replatting be required by EIKON, we will issue an Additional Services Request for this work.
DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164
Page | 5
· Preparation and submittal of reports, calculations and drawings to FEMA for a proposed revision to the
Flood Insurance Rate Map are not included. Should these be required, EIKON will submit a proposal
or Extra Work authorization at the appropriate time for this work.
· We assume existing utility connections will be used. No extension of City mains is included in this
scope. Should extension of existing City mains be desired, EIKON will submit a proposal or Extra Work
Authorization for this design.
· No Traffic Impact Study is required.
· No Drainage Study is included in this proposal. Should such a study be required by the City of Denton
for this development, we will submit a proposal or Extra Work Authorization for this work.
· No Storm Water detention is required for this site.
· No Rezoning is required for the site.
· The Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent/Termination (NOI/NOT) are
assumed to be the responsibility of the Contractor. EIKON will provide a Recommended Erosion
Control Plan and details only, which may be used by the Contractor for inclusion in his submittal.
Mechanical, Electrical, Plumbing Assumptions
· Design of fire protection system to be performed by a third party.
· Design of fire alarm system to be performed by a third party.
· Design of data, security, and communication systems to be performed by a third party.
Deliverables
· EIKON will deliver 2 sets of 30x42 size drawings to the client at Schematic Design, 50% and 100%
Construction Documents
· EIKON will submit PDF format electronic drawings
Schedule (Exhibit B)
EIKON intends to adhere to the schedule presented in the Statement of Qualifications. We assume the
project will begin approximately the first of November. The final completion is anticipated to be August or
September 2018. The presented schedule will require user group decisions in a timely manner and efficient
review processes by the City. Should the schedule be impacted due to these conditions we will update as
necessary throughout the process.
Fee (Exhibit C)
· Fixed Fee (refer to the scope of services and assumptions)
Architectural/Structural/Mechanical/Electrical/Plumbing $42,360
Geotechnical $2,700
Civil $8,500
Survey $1,760
Landscape Architecture $2,650
TAS Review and Inspection $1,250
Total Fee: $59,220
· Reimbursable Expenses:
Maximum lump sum fee of $5,000 for all project related expenses including, but not limited to,
postage/shipping, printing/reproduction, mileage, and travel expenses. EIKON will markup
reimbursable expenses by a factor of 1.1.
DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164
Page | 6
· Hourly Rate Schedule:
CEO/President/Vice-President: $215
Principal: $175
Director: $160
Senior Engineer: $150
Architect: $150
Landscape Architect: $150
Construction Administrator: $150
Project Manager: $135
Staff Engineer (EIT): $120
Senior Designer: $110
CAD Operator: $ 90
Construction Inspector: $ 85
Administrative Staff: $ 65
Geotechnical Mobilization: $300 (within 50 miles of office-$3.00 per mile
standard rig)**
Soil Sampling: $17/foot
Soil Testing:
- Moisture Content: $ 7
- Atterburg Limit: $ 65
- Swell Test: $120
- Unconfined Compression: $ 40
Other testing quoted as needed
**Minimum charge $750
· Additional Meeting Costs: EIKON will charge a flat rate of $750.00 for each additional meeting beyond
those listed in this proposal, at the owner’s request.
Invoices are processed monthly and are based on a percentage of completion of the project. Fee to be paid
within 30 days after the delivery of an invoice from EIKON.
Thank you for considering EIKON for your consulting services. We look forward to working with you and
your staff on this project. Should you have any questions regarding this proposal, please do not hesitate
to contact us.
Sincerely,
Brad Isbell, P.E.
President
DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164
Certificate Of Completion
Envelope Id: 7EE539D1EE42484395402864E16D2164 Status: Completed
Subject: ****City Manager Approval ******Docusign Item 6626-American Legion Bldg.
Source Envelope:
Document Pages: 22 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 0 Cindy Alonzo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
901B Texas Street
Denton, TX 76209
Cynthia.Alonzo@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
12/1/2017 9:42:27 AM
Holder: Cindy Alonzo
Cynthia.Alonzo@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cindy Alonzo
cynthia.alonzo@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 12/1/2017 9:54:52 AM
Viewed: 12/1/2017 9:55:04 AM
Signed: 12/1/2017 9:56:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Karen E. Smith
karen.smith@cityofdenton.com
Interim Purchasing Manager
City of Denton
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Brad Isbell
bisbell@eikoncg.com
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Accepted: 12/4/2017 7:21:14 AM
ID: e54dc54a-0e51-4a7e-81aa-c9f498f0d2c4
Jennifer DeCurtis
jennifer.decurtis@cityofdenton.com
Deputy City Attorney
City of Denton
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Todd Hileman
todd.hileman@cityofdenton.com
City Manager
City of Denton
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Sent: 12/4/2017 7:28:49 AM
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Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
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Using IP Address: 129.120.6.150
Sent: 12/4/2017 7:59:00 AM
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Electronic Record and Signature Disclosure:
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Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Sherri Thurman
sherri.thurman@cityofdenton.com
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Sent: 12/4/2017 7:25:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robin Fox
Robin.fox@cityofdenton.com
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(Optional)
Sent: 12/4/2017 7:28:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
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(Optional)
Sent: 12/4/2017 9:42:10 AM
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Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
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(Optional)
Sent: 12/4/2017 9:42:10 AM
Viewed: 12/11/2017 12:34:34 PM
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Not Offered via DocuSign
Julia Winkley
julia.Winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
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Sent: 12/4/2017 9:42:10 AM
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Dawn Wilson
dawn.wilson@cityofdenton.com
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Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/4/2017 9:42:10 AM
Certified Delivered Security Checked 12/4/2017 9:42:10 AM
Signing Complete Security Checked 12/4/2017 9:42:10 AM
Completed Security Checked 12/4/2017 9:42:10 AM
Payment Events Status Timestamps
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Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
Parties agreed to: Brad Isbell, Todd Hileman
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