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Agreement to Provide Professional Services JO RNOLD Ari SSOCIATES 14275 Midway Road, Suite 170 Addison, Texas 75001 INC. 972/991-1144 800/535-6329 FAX: 972/991-7302 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF COPPELL CITY HALL COPPELL, TEXAS f M [ L • i 1 COPFELL Construction Documents for Window Replacements Project#15.01511 November 16, 2015 MEMBER OF:AMERICAN INSTITUTE OF ARCHITECTS•ROOF CONSULTANTS INSTITUTE• CONSTRUCTION SPECIFICATIONS INSTITUTE•NATIONAL ROOFING CONTRACTORS ASSOCIATION• ASSOCIATION FOR PRESERVATION TECHNOLOGY INTERNATIONAL• AMERICAN SOCIETY FOR TESTING MATERIALS �RNOLD jun SSOCIATES trot. AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES PROJECT: CITY OF COPPELL - CITY HALL CONSTRUCTION DOCUMENTS FOR WINDOW REPLACEMENTS PROJECT LOCATION: 265 PARKWAY BOULEVARD, COPPELL, TEXAS 75019 PROJECT MANAGER: MS. SHERI MO/NO, CFM email: SMoino(c�coppelltx.gov MS. LISA WELLS email: LWells(a�coppelltx.gov TELEPHONE NO: 972.462.5152;FAX: 972.462.5199 CELL: 469-576-7710 A&A PROJECT NO: 15.01511 Arnold&Associates, Inc., shall provide the following consulting services for the above named project in accordance with the Schedule of Consulting Fees. *CONSTRUCTION DOCUMENT SERVICES FOR WINDOW REPLACEMENTS Upon approval of proposal and determination of budget, Arnold&Associates, Inc. will prepare related bid and construction documents. These shall include specifications, drawings and related details in accordance with the following: • Compile Construction Documents including detailed Drawings and Specifications. • Prepare Scope of Work. • Review and research material properties and Specifications. • Review and include Owner's General Conditions and Supplemental Conditions to the Contract. • Insert Owner's Construction Contract or AIA Contract. • Prepare Bid Forms, Payment and Performance Bond Forms, Release of Lien Forms. • Provide statements of probable cost. In conjunction with the Design and Construction Document Services,Arnold&Associates,Inc.must also provide Construction Administration and Observation Phase Services to determine whether or not the integrity of our design is being maintained and to clarify ambiguities or correct misunderstandings that arise during the construction of the project. 2 ARNOLD SSOCIATES The City of Coppell City Hall Construction Documents for Window Replacements Coppell, Texas BIDDING AND NEGOTIATION SERVICES FOR WINDOW REPLACEMENTS Upon Client approval of Construction Documents/Project Manual,Arnold&Associates, Inc.shall provide Bidding Services in accordance with the following: • Assist owner in the development of advertisement for public notification of the project.. • Notify bidding contractors of date, time and place of pre-bid conference. • Schedule, attend and assist the OWNER with Pre-Bid Conference. • • Coordinate Requests for Information and Distribute to all Bidding Contractors. • Prepare and Distribute Addenda. • Review Substitution Requests during Bidding. • Review Bidding Results and Prepare Bid Analysis (Tabulation). • Make Recommendations to Owner. 3 ARNOLD SSOCIATES INC. The City of Coppell City Hall Construction Documents for Window Replacements Coppell, Texas CONSTRUCTION PHASE OBSERVATION FOR WINDOW REPLACEMENTS Arnold&Associates,Inc.shall provide Construction Phase Services to become generally familiarwith the progress and quality of the Work performed on the Project based on the Schedule of Consulting Fees that will include the following: • Schedule and conduct pre-construction conference for scheduled work. • Review shop drawings and product submittals. • Schedule and conduct progress meetings at which time the specialty contractor or specialty contractors (collectively, "Specialty Contractor', also, "Contractor') and Owner can discuss procedures, progress, problems and scheduling. • Review Payment Application for scheduled work and provide comments to the Owner. • Perform Construction Observation of the work of the Specialty Contractors,and become generally familiarwith the work and progress and observe, including by site visits, that the work is being performed in general accordance with the Construction Documents. Site visits will occur on a regular basis based on the work being performed. They will occur on an average of seven(7)day intervals, unless project condition requires increased observations. Consultant will perform additional site visits, as reasonably requested by the Owner, at the base rates set forth herein. • Upon Specialty Contractor's determination and notification to the Owner of Substantial Completion, prepare a list of incomplete or unsatisfactory items and observe the correction and completion of the finalized work. • Upon Specialty Contractor's determination and notification to the Owner of Final Acceptance, prepare a list of incomplete or unsatisfactory items and observe the correction and completion of the finalized work. 4 AIRNOLD Ani SSOCIATES iric. The City of Coppell City Hall Construction Documents for Window Replacements Coppell, Texas SCHEDULE OF CONSULTING FEES Fees for Construction Document Services for Window Replacements shall be billed as follows: Schematic Design $2,500.00 Design Development $2,500.00 Construction Documents $3,900.00 Bidding $1,100.00 Construction Phase Observation $7,000.00 TOTAL FEE $17,000.00 This proposal is based upon the outlined project scope of services. Major project revisions outside of Arnold & Associates, Inc. control or responsibility that require rework of completed work or more extensive work than originally agreed upon will be considered additional services. If directed by Client to provide additional services not covered above, such service shall be provided at the rates outlined herein. An Amendment to the Agreement will be issued in writing to the Client for approval noting the changes to be completed and the with compensation for those changes. BASE RATES Principal/Consultant $175.00/hour Architect, Senior Consultant $150.00/hour Registered Engineer/Consultant $150.00/hour Full-Time Construction Inspector $ 90.00/hour AutoCAD Draftsman $100.00/hour Word Processor and Clerical $ 60.00/hour REIMBURSABLE EXPENSES: Consulting fees do not include project expenses such as travel, living expenses, reproduction, electronic scanning services,photography, transportation, long distance calls, facsimile transmitting, courier service, and express mail. All reimbursable expenses shall be invoiced as the expense occurs and shall be billed at actual cost. Consulting fees do not include project expenses such as special engineering materials and supplies,soil investigations and tests, laboratory fees, special consultants or third party providers of goods and services, and when specifically authorized in writing by Client, these costs shall be billed at actual cost plus ten (10)percent. BUILDING ENVELOPE: The Client acknowledges that because of the physical properties of the many materials commonly used for constructing exterior building envelopes, and the limitations on detecting concealed internal wall deficiencies, the Consultant's services may not find all unsafe and hazardous conditions in the construction assemblies. Therefore, Client acknowledges that the Consultant's performance of services pursuant to this Agreement is not a representation that all unsafe and hazardous conditions have been identified. 5 ARNOLD SSOCIATES INC. The City of Coppell City Hall Construction Documents for Window Replacements Coppell, Texas JOBSITE SAFETY: It is understood that the purpose of any construction phase services(including any visits to the site)is to enable the Consultant to better perform the duties and responsibilities undertaken by it and to provide the Client with a greater degree of confidence that the completed work of the Contractor will conform generally to the Contract Documents. Nothing in this Agreement shall be construed as assigning to the Consultant any authority over or responsibility for construction activities, means, methods, techniques, sequences or procedures, or for the security or safety of the project site and people lawfully or unlawfully thereon, or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing its work. Neither does the Consultant have the authority to direct the Contractor or Client in relation to such responsibilities. Indeed, all such responsibilities shall belong to the Contractor and the Client warrants that such understanding shall be expressly stated in the agreement between the Client and Contractor. The Client further agrees that it will require in its agreement with the Contractor that the Contractor indemnify, defend and hold harmless the Consultant from any and all claims against the Consultant from bodily injuries arising on the project site except those injuries to the Consultant's employees that are covered by state workers'compensation laws. Should the Client fail to secure such indemnification from the Contractor, the Client shall indemnify, defend and hold harmless the Consultant from any and all claims against the Consultant from bodily injuries arising on the project site. PEER REVIEW: In consideration of the Consultant performing a peer review of roofing and/or waterproofing of the project, the Client agrees that the Consultant shall be entitled to rely upon the completeness and accuracy of all information provided to the Consultant. The Client further agrees that the Consultant shall not be responsible in any way for errors or omission contained in any drawings or specifications prepared by others or for errors or omission by others (Architect of Record, General Contractor, Roofing Contractor, Waterproofing Contractor)in incorporating the recommendations made by the Consultant into reports, drawings or specifications. In addition, the Client agrees to waive all claims against the Consultant arising from services performed by others (Architect of Record, General Contractor, Roofing Contractor, Waterproofing Contractor)on the roofing or waterproofing project or from services to be provided by the Consultant under this Agreement, except for the sole negligence or willful misconduct of the Consultant. In addition,the Client agrees to the fullest extent permitted by law,to indemnify and hold harmless the Consultant from all damages,liabilities or costs,including reasonable attorneys'fees and defense cost arising or alleged by arising from the services performed by others (Architect of Record, General Contractor, Roofing Contractor, Waterproofing Contractor) on the project or from the services provided by the Consultant under this Agreement, except for the sole negligence or willful misconduct of the Consultant. VALUE ENGINEERING:SCHEDULED, UNSCHEDULED OR INFORMAL: If the Client retains the services of a Value Engineer to review the Construction Documents prepared by the Consultant, it shall be at the Client's sole expense and shall be performed in a timely manner so as not to delay the orderly progress of the Consultant's services. 6 AlRNOLD Ang C SSOCIA INNC. The City of Coppell Cu))Hall Construction Documents for Window Replacements Coppell,Texas The Client shall promptly notify the Consultant of the identity of the Value Engineer and shall define the Value Engineer's scope of services and responsibilities for the Consultant. All recommendations of the Value Engineer shall be given to the Consultant for review, and adequate time will be provided for the Consultant to respond to these recommendations. If the Consultant objects to any recommendations made by the Value Engineer,it shall so state in writing to the Client, along with the reasons for objecting. If the Client requires the incorporation of changes in the Construction Documents to which the Consultant has objected,the Client agrees,to the fullest extent permitted by law,to waive all claims against the Consultant and to indemnify and hold harmless the Consultant from any damages, liabilities or costs, including reasonable attorneys'fees and costs of defense,which arise in connection with or as a result of the incorporation of such design changes required by the Client. In addition, the Consultant shall be compensated for services necessary to incorporate recommended value engineering changes into reports, drawings, specifications, bidding or other documents. The Consultant shall be compensated as Additional Service for all time spent to prepare for, review and respond to the recommendations of the Value Engineer. The Consultant's time for performance of its services shall be equitably adjusted. INSURANCE COVERAGE LIMITS OF INSURANCE Liability and Medical Expenses $1,000,000.00 Medical Expenses (Per Person) $ 10,000.00 Fire Legal Liability(Any one Fire or Explosion) $ 100,000.00 Personal&Advertising Injury $1,000,000.00 General Aggregate (Other than Products Completed Operations) $2,000,000.00 Products/Completed Operations Aggregate $2,000,000.00 Automobile $1,000,000.00 Workers Compensation $1,000,000.00 EXCESS COVERAGE Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 TERMS OF CONTRACT: Due upon receipt. Accounts unpaid for 45 days from the date of invoice is subjected to a 1.5%per month service charge. INDEMNIFICATION: To the fullest extent permitted by law,Arnold&Associates,Inc.shall indemnify and hold harmless the client from and against claims,damages,losses and expenses,including but not limited to reasonable attorneys'fees, attributable to bodily injury,sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent such claims,damages,losses or expenses are caused by negligent acts or omissions of Arnold&Associates, Inc., the Arnold&Associates,Inc.'sub-consultants, or anyone directly or indirectly employed by either. 7 • RNOLD • SSOCIATES INC. The City of Coppell City Hall Construction Documents for Window Replacements Coppell, Texas INDEMNIFICATION: To the fullest extent permitted by law, the Client shall indemnify and hold harmless Arnold& Associates, Inc. from and against claims, damages, losses and expenses, including but not limited to reasonable attorneys'fees,attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property including loss of use resulting therefrom,but only to the extent such claims,damages,losses or expenses are caused by negligent acts or omissions of the Client,the Client's sub-consultants, or anyone directly or indirectly employed by either. LIMITATION OF PROFESSIONAL LIABILITY: In recognition of the relative risks and benefits of the project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant to the Client for any and all claims, losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes,including attorneys'fees and costs and expert witness fees and costs, so that the total aggregate liability of the Consultant to the Client shall not exceed$25,000.00, or the Consultant's total fee for services rendered on this project,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. CANCELLATION: Either party hereto may cancel this agreement in writing thirty (30) days after the execution hereof. ENTIRE AGREEMENT:This agreement supersedes any and all other agreements,either oral or in writing, between the parties hereto with respect to the services to be rendered to the Client by Arnold & Associates, Inc. and contains all of the covenants and agreements between the parties with respect to such transaction in any manner whatsoever. CHOICE OF LAWNENUE: This agreement shall be governed by and construed in accordance with the laws of the State of Texas and is performable in Dallas County, Texas. TERMS AND CONDITIONS: This proposal is valid for 30 days. The Client acknowledges the plans and specifications prepared by Arnold & Associates, Inc., or their agents are instruments of professional service. The Client agrees to hold harmless and indemnify Arnold & Associates, Inc. against all damages, claims, and losses, including attorney fees, arising out of any reuse of the plans and specifications for another project without the written authorization of Arnold&Associates, Inc. 8 ARNOLD SSoctA7ES INC. The City of Coppell City Hall Construction Documents for Window Replacements Coppell,Texas ACCEPTANCE: The terms and conditions of this Agreement are accepted on this 50 day of 411/01/-evelbp , 2015. OWNER ARNOLD&ASSOCIATES, INC. 4 By: 4-12 // I p.t�r-b By: Syd N. Singer Title: rat?I7M,el /4/litv' `-5l/t- Title: Architect/Senior Consultant (414(11111--. By: Wendy Kelleher, President SPECIAL INSTRUCTIONS: Statement of Jurisdiction: The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practice of persons registered as(Architects)or(Landscape Architects)or(Interior Designers)in Texas. The Board's current mailing address and telephone number are: P.O. Box 12337 Austin, Texas 78701-2337 512.305.9000 9