North Central Texas College Board of Regents Meeting October 20, Consideration of Approving Fees for Owner s Representative

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1 North Central Texas College Board of Regents Meeting October 20, 2014 AGENDA ITEM: Consideration of Approving Fees for Owner s Representative At the December, 2013, meeting of the Board of Regents, the Board approved EIKON Consultant Group to provide owner representative services for the new building projects during the design and construction of the Health Science Center, expansion of the Career and Technology Center, and for the required additional parking. With the change in architectural firms, the owner s representative scope of services expanded and their fees, therefore, were renegotiated and are provided in the attached document. The Administration presents the data for consideration. Attachment

2 Date: October 9, 2014 AGREEMENT FOR CONSULTING SERVICES Client: Dr. Brent Wallace North Central Texas College 1525 West California Street Gainesville, Texas Project Name and Location: New Health Science Center New Career and Technologies Center New Parking Lot and associated Fire Lanes Utility Extensions As requested, EIKON Consultant 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. General Project Description: The above referenced projects were originally being designed by PBK Architects. PBK was terminated from the contract before bid and EIKON assisted NCTC with direction moving forward. Through a new RFQ process, BYSP was selected to continue with the projects to complete construction documents and proceed with bidding and construction observation. The original plan for the projects was to design and issue both projects for bid at the same time. With the delay in the project due to the change in Architectural firm the CTC will most likely be issued before the HSC. EIKON will act as the official representative of NCTC to oversee these projects beginning with the transfer of programming information from original meetings prior to BYSP s involvement. EIKON will assist BYSP with review of the existing plans and understanding of project decisions having been made previously. EIKON will be involved with all design meetings and oversee the bidding and construction observation efforts of BYSP. Scope of Services (Exhibit A): Review the contract with the Architect and make recommendations Perform as the contact person with NCTC for the purpose of these projects Attend meetings with the Architects and staff for during design Meet with the Architect on a regular basis to review the progress of the project Perform owner s review and approval of the various phases Assist in evaluating the bids based on best value of the project Review the construction contract and make recommendations Attend construction project meetings during construction as the owner s representative Review and comment on all invoices including the Architect s and Contractor pay applications Review final punch lists Attend board meetings as requested to inform the board of progress or present requests Make final recommendations for acceptance of the building after the Architect has also done so Assumptions: EIKON will not perform any inspection services or be involved with any construction means and methods other than commenting on the NCTC requirements during design and construction. EIKON Consultant Group, LLC 1405 W. Chapman, Sanger, Texas P F W eikoncg.com

3 Fee: Exhibit C Fixed Fee (refer to the scope of services, assumptions and additional services available): $135,000 o Design Phase: $42,150 o Construction Phase: $92,850 o Refer to the attached spreadsheet for a detailed breakdown of this fee The project will be invoiced monthly with 30% of the fee designated for the design phase and 70% for the construction phase. Fee to be paid within 30 days after the delivery of an invoice from EIKON. Page 2

4 EIKON SHORT FORM AGREEMENT THIS AGREEMENT is made this 9 th day of October, 2014 by and between EIKON Consultant Group, LLC (hereinafter EIKON ) and North Texas Central College (hereinafter Client ). Client and EIKON, for the consideration hereinafter set forth, hereby agree as follows: 1. Services of EIKON - EIKON agrees to provide the professional services described in Exhibit A (hereinafter the Services ). 2. Schedule of Services - EIKON shall use its best efforts to complete the Services in a timely fashion to meet Client s requirements. If the parties have agreed to a specific project schedule and specific milestone dates, such information will be set forth in Exhibit B. 3. Responsibilities of Client - Client shall furnish or make available to EIKON any and all of its records, maps, or other data which are pertinent to EIKON s work. Client shall authorize and assist EIKON in obtaining any such pertinent information from other public and private sources. EIKON may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. EIKON shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Client's consultants and contractors. 4. Compensation - As compensation for the performance of the Services, Client shall pay EIKON its fees and expenses in accordance with Exhibit C. Payments are due at the address appearing on the invoice within 30 days following the invoice date. Invoices not paid within 30 days will accrue interest from the 31st day at the rate of 1% per month (12% per annum). 5. Termination - This Agreement may be terminated by either party upon not less than seven (7) days written notice. EIKON shall be compensated for all Services performed until the receipt of notice plus any fees and/or costs reasonably necessary to properly terminate the project. 6. Relationship of Parties - EIKON is and shall at all times during the term of this Agreement be an independent contractor of Client. This Agreement and the relationship of the parties shall not be deemed to create or be one of employment, agency, partnership, joint venture or any other association. 7. Assignment - This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by Client or EIKON without the prior written consent of the other. Any assignment without written consent of the other party shall be null and void. 8. Standard of Care - The standard of care for all professional engineering and related Services performed or furnished by EIKON under this Agreement will be the care and skill ordinarily used by the members of EIKON s profession practicing under similar conditions at the same time and in the same locality. EIKON makes no warranties, express or implied, under this Agreement or otherwise, in connection with EIKON s Services. 9. Insurance - EIKON shall procure and maintain worker s compensation and employer s liability insurance in accordance with requirements of the state in which the Services are being performed, comprehensive liability insurance (including contractual and contractor s protective liability coverage) with combined single limits of $1,000,000 per occurrence for bodily injury and property damage; automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage and professional liability insurance in the amount of $2,000,000 per claim/annual aggregate 10. Indemnification - Client shall indemnify EIKON, its partners, officers, directors and employees from all claims, damages, losses and expenses including reasonable attorney s fees, arising out of or in any manner connected with, the performance of the Services to the extent caused by Client s negligence. Page 3

5 EIKON shall indemnify Client, its partners, officers, directors and employees from all claims, damages, losses and expenses including reasonable attorney s fees, arising out of the performance of the Services to the extent caused by EIKON s negligence. 11. Limitation on Liability - The total liability of EIKON and its partners, principals, employees and agents to Client and any one claiming by, through or under Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of, or in any way related to, the Services of this Agreement from any cause or causes whatsoever including, but not limited to, negligence, errors, omissions, strict liability or breach of contract shall not exceed the total compensation received by EIKON under this Agreement or the total amount of 2.0 times the original fee. 12. No Personal Liability - Notwithstanding any other provision of this Agreement to the contrary, EIKON s partners, principals, officers, directors, employees, or agents shall not be personally liable, regardless of the cause of action asserted including breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause pertaining to EIKON s performance or non-performance of the Agreement. Client will look solely to EIKON for its remedy for any claim arising out of or related to this Agreement 13. Corporate Protection- It is intended by the parties to this Agreement that EIKON's services in connection with the Project shall not subject EIKON's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against EIKON, a Texas corporation, and not against any of EIKON's individual employees, officers or directors. 14. No Consequential Damages - In no event shall EIKON be liable to Client or the Client to EIKON for consequential, special or indirect damages, including but not limited to, loss of profits or revenue, loss of use of equipment, loss of production, additional expenses incurred in the use of the equipment and facilities and claims of customers of the Client. This disclaimer shall apply to consequential damages based upon any cause of action whatsoever asserted including, but not limited to, ones arising out of any breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause arising out of the performance or non-performance of the contract by Client/EIKON. 15. Hazardous Materials: Suspension of Services - Both parties acknowledge that EIKON's scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event EIKON or any other person or entity involved in the project encounters any hazardous or toxic materials, or should it become known to EIKON that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of EIKON's services, EIKON may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this agreement until the client retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. 16. Hazardous Materials Indemnity - The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless EIKON, its officers, partners, employees and sub-consultants from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of EIKON. 17. Mediation The parties, as a condition precedent to commencing litigation (other than for the non- payment of EIKON s fees), shall endeavor to resolve their claims by mediation which, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the contract and with the American Arbitration Association. 18. Other Agreements - (a) The services to be performed by EIKON are intended solely for the benefit of Client and no benefit is conferred on, nor any contractual relationship established with any person or entity not a party to this Agreement; (b) Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties; (c) This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters; (d) This Agreement shall not be amended, modified, supplemented or rescinded in any manner except by written agreement executed by the parties; (e) This Agreement shall be governed by and construed in accordance with the laws of the State Page 4

6 of Texas; (f) EIKON shall not be liable for any failure to perform or delay in the performance of the Services due to circumstances beyond its reasonable control. 19. Construction Observation - EIKON shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the Client and EIKON, in order to observe the progress and quality of the Work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather are to allow EIKON to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Based on this general observation, EIKON shall keep the Client informed about the progress of the Work and shall advise the Client about observed deficiencies in the Work. If the Client desires more extensive project observation or full-time project representation, the Client shall request that such services be provided by EIKON as Additional Services in accordance with the terms of this Agreement. EIKON shall not supervise, direct or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. EIKON shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity performing any portions of the Work or any agents or employees of any of them. EIKON does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date set forth above. EIKON CLIENT By: By: Name: Brad Isbell, PE Name: Dr. Brent Wallace Title: President Title: President Date October 9, 2014 Date: Page 5

7 NCTC CTC Owner Representative Estimate of Fee - Design Background Meetings $155 $1,240 Design CD Meetings $155 $2,480 Plan Review $155 $3,100 Total $6,820 NCTC CTC Owner Representative Estimate of Fee - CA Bidding Meetings $155 $620 Construction Project Meetings $155 $15,500 Review of shops/draws/notes $155 $23,250 Total $39,370 NCTC HSC Owner Representative Estimate of Fee - Design Background Meetings $155 $4,650 Design CD Meetings $155 $15,500 Plan Review $155 $15,500 Total $35,650 NCTC HSC Owner Representative Estimate of Fee - CA Bidding Meetings $155 $2,480 Construction Project Meetings $155 $27,900 Review of shops/draws/notes $155 $23,250 Total $53,630 Grand Total $135,470

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