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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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Request for City Manager Approval Page 2 (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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Request for City Manager Approval Page 3 Respectfully submitted: Purchasing Expenditure Approved: __________________________ City Manager or Designate __________________________ Date DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 12/4/2017 Page 1 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 12/4/2017 Page 2 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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. DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 3 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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: __________________________________ DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 4 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 5 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 6 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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. DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 7 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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. DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 8 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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. DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 9 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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. DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 10 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 11 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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. DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page 12 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\6000-6999\6626 Repl of American Legion South Building\6626 PSA Repl of American Legion South Building_EIKON edits.doc 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page | 2 - 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page | 3 · 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 DocuSign Envelope ID: 7EE539D1-EE42-4843-9540-2864E16D2164 Page | 4 · 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 Security Level: Email, Account Authentication (Optional) Using IP Address: 47.184.92.138 Signed using mobile Sent: 12/1/2017 9:56:34 AM Viewed: 12/1/2017 10:06:53 AM Signed: 12/1/2017 10:07:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brad Isbell bisbell@eikoncg.com Security Level: Email, Account Authentication (Optional) Using IP Address: 38.96.224.154 Sent: 12/1/2017 10:07:03 AM Viewed: 12/4/2017 7:21:14 AM Signed: 12/4/2017 7:25:54 AM Electronic Record and Signature Disclosure: 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 Security Level: Email, Account Authentication (Optional) Using IP Address: 129.120.6.150 Sent: 12/4/2017 7:25:56 AM Viewed: 12/4/2017 7:28:10 AM Signed: 12/4/2017 7:28:48 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Todd Hileman todd.hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (Optional) Using IP Address: 129.120.6.150 Sent: 12/4/2017 7:28:49 AM Viewed: 12/4/2017 7:58:45 AM Signed: 12/4/2017 7:58:58 AM 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 Security Level: Email, Account Authentication (Optional) Using IP Address: 129.120.6.150 Sent: 12/4/2017 7:59:00 AM Viewed: 12/4/2017 9:41:46 AM Signed: 12/4/2017 9:42:09 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 12/4/2017 7:25:56 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (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 Security Level: Email, Account Authentication (Optional) Sent: 12/4/2017 9:42:10 AM Viewed: 12/5/2017 7:10:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Sent: 12/4/2017 9:42:10 AM Viewed: 12/11/2017 12:34:34 PM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Julia Winkley julia.Winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Sent: 12/4/2017 9:42:10 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dawn Wilson dawn.wilson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 12/4/2017 9:42:10 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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