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HomeMy WebLinkAboutResolution - 2013-R0252 - Contract - ARMKO Industries Inc.- Building Envelope Evaluations - 08/08/2013Resolution No. 2013-RO252 August 8, 2013 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Contract No. 11434 related to the building envelope evaluation of various facilities, by and between the City of Lubbock and ARMKO Industries, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 8, 2013 C. ROBERTSON, MAYOR ATTEST: Reb ca Garza, City Secretaryu ( 0 )2 <,L -�) • EY 9, V e* Wesley D. E e tt, Director of Facilities Management APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.PSC-ARMKO Industries July 17, 2013 Resolution No. 2013—RO252 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT# 11434 This Agreement ("Agreement', effective as of the 8th day of August 2013, is by and between City of Lubbock, Texas ("City's, a Texas home rule municipal corporation, and ARMKO Industries, Inc. ("ARMKO'% a Texas "Corporation". iyll d►I*�-]#1:I WHEREAS, the City desires to obtain professional services ("A/E'� related to the Building Envelope Evaluation of various City of Lubbock Facilities (the "Project'; and WHEREAS, ARMKO has a professional staff experienced and is qualified to provide professional services related to the Project, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and ARMKO to be a fair and reasonable price; and WHEREAS, the City desires to contract with ARMKO to provide professional services related to the Project and ARMKO desires to provide the services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and ARMKO hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of one (1) year, as set forth in the receipt of the Notice to Proceed. The term may be altered by subsequent amendments of this Agreement, with the written and authorized consent of both parties. ARTICLE II. SERVICES AND COMPENSATION ARMKO shall perform the services described in Exhibit A with regard to the Project and payment shall be due and payable upon receipt in accordance with work provided. Payments due ARMKO under this Agreement shall be electronically transferred either by ACH, or wire transfer to the bank account and in accordance with the bank instructions identified in ARMKO's most recent invoice in immediately available funds no later than the payment due date. Invoice number, project name and Contract Number shall be referenced in the bank wire reference fields or the ACH addenda information. In the event that such electronic funds transfer methods are not available to City, then payments due ARMKO under this Agreement shall be made by check and mailed to the Address identified in the remittance Page 1 of 8 ARMKO Agreement instructions on ARMKO's most recent invoice. The Remittance Advice document shall be mailed with the check to the address. ARTICLE III. TERMINATION A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to ARMKO. In the event this Agreement is so terminated, the City shall only pay ARMKO for services actually performed by ARMKO up to the date ARMKO is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ARMKO breaches any term and/or provision of this Agreement the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law or equity, including without limitation, termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION A. The City reserves the right to exercise any right or remedy available to it by law, contract equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ARMKO is a Corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by ARMKO. This Agreement constitutes legal, valid, and binding obligations of ARMKO and is enforceable in accordance with the terms thereof. C. Professional. ARMKO maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the professional services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. D. Performance. ARMKO will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. E. Use of Copyrighted Material. ARMKO warrants that any materials provided by ARMKO for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance Page 2 of 8 ARMKO Agreement relating to the use or reproduction of materials. ARMKO shall be solely responsible for ensuring that any materials provided by ARMKO pursuant to this Agreement satisfy this requirement and ARMKO agrees to indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of ARMKO's failure to perform this duty. F. ARMKO warrants that it shall perform the Project in accordance with the standards of care and diligence normally practiced by recognized Professional Service firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Project it is shown there is an error in the Project caused solely by ARMKO's failure to meet such standards, and City has promptly notified ARMKO in writing of any such error within that period, ARMKO shall perform, at ARMKO's cost, such corrective professional services within the original Scope of Services as may be necessary to remedy such error. ARTICLE VI. SCOPE OF WORK ARMKO shall accomplish the following: Professional Services related to the Building Envelope Evaluation of various City of Lubbock Facilities, as defined in Exhibit "A". ARTICLE VII. INDEPENDENT CONSULTANT STATUS ARMKO and City agree that ARMKO shall perform the duties under this Agreement as an independent consultant and shall be considered as independent consultant under this Agreement and/or in its activities hereunder for all purposes. ARMKO has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Project under this Agreement, ARMKO and ARMKO's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE ARMKO shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein as described in Exhibit B. ARMKO shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of ARMKO to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Page 3 of 8 ARMKO Agreement Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence ARMKO shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for ARMKO, protecting City against direct losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be named as additional insured with respect to the the Automobile Liability and Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of subrogation under those policies. ARMKO shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Copies of all endorsements are required. ARMKO shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, ARMKO shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that ARMKO maintains said coverage. ARMKO may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, ARMKO fails to maintain the required insurance in full force and effect, ARMKO shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE IX. EMPLOYMENT OF AGENTS/ RETAINING OF CONSULTANTS ARMKO may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant', to perform certain duties of ARMKO provided that City approves the retaining of Sub -consultants. ARMKO is at all times responsible to City to perform the Project as provided in this Agreement and ARMKO is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by ARMKO shall be required to carry, for the protection and benefit of the City and ARMKO and naming said third parties as additional insureds, insurance as described above in this Agreement. ARTICLE X. CONFIDENTIALITY ARMKO shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 4 of 8 ARMKO Agreement ARTICLE XI. INDEMNITY ARMKO SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ARMKO, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ARMKO shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ARMKO to City or City to ARMKO is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. ARMKO 's Address. ARMKO 's address and numbers for the purposes of notice are: Brad Draper, Vice -President 7302 82nd Street, Suite 14 Lubbock, TX 79424 Telephone: (806) 833-6953 Email: bdraper@armko.com C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Wesley D. Everett — Director Facilities Management P. 0. Box 2000 1625 13th Street Lubbock, TX 79457 Telephone: (806) 775 — 2275 Email: Weverett@mylubbock.us Page 5 of 8 ARMKO Agreement D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA City shall furnish ARMKO any available data in the possession of the City pertinent to ARMKO's Services, so long as City is entitled to rely on such data for the performance of ARMKO's Services under this Agreement (the "Provided Data'. ARMKO shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. ARMKO shall provide access to its books and records to the City. The City may audit, at its expense and during normal business hours, ARMKO's books and records with respect to this Agreement between ARMKO and City. C. Records. ARMKO shall maintain records that are necessary to substantiate the services provided by ARMKO. D. Assignability. ARMKO may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and ARMKO, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ARMKO, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by ARMKO and City. Page 6 of 8 ARMKO Agreement I. Entire Agreement. This Contract, including Exhibits "A" and "B", attached hereto, contains the entire Agreement between the City and ARMKO, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between ARMKO and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by ARMKO as part of the Project hereunder, shall become the property of the City when ARMKO has been compensated as set forth in Article II, above. ARMKO shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or ARMKO of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and ARMKO. N. Extent of Responsibility. ARMKO does not guarantee that proposals, bids or actual project costs will not vary from ARMKO's opinions of probable cost or that actual schedules will not vary from ARMKO's projected schedules. ARMKO shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to ARMKO, to fulfill contractual responsibilities to the Client or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ARMKO in Exhibit A, Scope of Services. 0. Unforeseen Circumstances. Except for Client's obligation to make payments, neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control. Architect shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK /NC4-R6eftRTSON,, MAYOR ATTEST: Reb ca Garza, City Secretary Page 7 of 8 ARMKO Agreement APPROVED AS TO CONTENT: ate. / _Ni f APPROVED A,5 TO FO M: Chad Weaver, Assistant City Attorney ARMKO INDUSTRIES, INC. By: 15G � L Name: Brad Draper Title: Vice -President Page 8 of 8 ARMKO Agreement "EXHIBIT A" July 11, 2013 Mr. Wes Everett Director of Facilities Management City of Lubbock 162513 th Street, Suite L08 Lubbock, Texas 79457 RE: Building Envelope Evaluation & Professional Services City of Lubbock Facilities Mr. Everett, • 0 z Cd LU 7302 82nd St. Suite 14 Lubbock, TX 79424 806.833.6953 / FAX 806.833.8539 www.armko.com Texas Registered Engineering Firm #6498 It is the desire of the City of Lubbock to engage the services of Armko to perform building envelope consulting services specifically requested by the City of Lubbock. The services to be provided may relate to some or all of the following: analysis of existing roof components; instrumented moisture survey; roof programs; analysis of the construction documents including review of the exterior elevations, wall sections, parapets, unusual transitions, roof components, door/window details, plan details; specifications; help in establishing budget forecast; bidding or negotiation backup; major phase or full-time quality assurance observations; final observations and progress payment requests; and/or other work agreed to by the parties. Armko shall perform any or all of the afore -described services for the City of Lubbock as an independent consultant and not as an employee. SCHEDULE A Building Envelope Analysis A. Interior and exterior visual examination of roof -related sheet metal, parapets, copings, flashings, roof mat, deck system, and penetrations and/or projections through the roof system. B. Cross-section analysis of core samples of the roof membrane. C. Analysis of insulation and topside of deck system at core areas. D. Moisture meter readings of insulation and/or membrane as required. E. Bitumen chemical analysis if applicable. F. Establish roof priorities if applicable. Building Envelope Analysis Report (written and oral presentation) A. Existing Conditions B. Recommendations C. Budget Cost Estimate D. Existing Condition Photographs E. Roof Plan Total for Schedule A: $ .05 per square foot with a minimum charge of $ 1,200.00 per Building. PROPOSAL FOR PROFESSIONAL SERVICES Page 2 of 5 SCHEDULE B — FULL SERVICE SCHEMATIC DESIGN - PHASE 1 — 15% A. Perform building evaluation and establishment of the Scope of Work. B. Identify areas of concern for the new work as well as the existing conditions. C. Establish tie-in options and weather tightness of the existing facility during demolition. D. Provide preliminary drawings and or sketches. DESIGN DEVELOPMENT - PHASE 2 — 20% A. Development of preliminary drawings, including the following: 1. Roof Plans 2. Roof details 3. Unusual and difficult transitions between walls and roof elements B. Define major waterproofing elements C. Define the roofing and waterproofing specifications CONSTRUCTION DOCUMENT - PHASE 3 — 30% A. Preparation of the construction documents, including the following: 1. Specifications and establishment of the Scope of Work 2. Compile and print Bid Package and General Conditions 3. Roof Plans 4. Roof Details 5. Unusual and difficult transitions between walls and roof elements 6. Waterproofing details B. Provide review of architectural drawings for flashing and moisture conflicts including the following: 1. Wall Sections 2. Exterior Elevations 3. Parapet Details 4. Plans Details 5. Door and Window Details C. Finalize the project specifications for the roofing and waterproofing sections of the project manual. BIDDING - PHASE 4 — 5% A. Assist in notification to the construction community. B. Assist at pre -proposal and/or proposal conference. C. Cooperative evaluation and selection of successful bidder. CONSTRUCTION - PHASE 5 — 30% A. Perform submittal review. B Assist at and/or conduct pre -construction and pre -installation meetings. C. On-site observations of work (two hours per week maximum). D. Monthly progress payment request review. E. Final observations and progress payment request review. F. Maintain photo manifest of work in place. G. Provide daily observation reports of each visit to Owner. Total for Schedule B: 6% of Waterproofing or Roofing contract awarded to successful contractor. PROPOSAL FOR PROFESSIONAL SERVICES Page 3 of 5 SCHEDULE C — PARTIAL DESIGN AND CONSTRUCTION ADMINISTRATION SCHEMATIC DESIGN - PHASE 1 A. Perform building evaluation and establishment of the Scope of Work. B. Identify areas of concern for the new work as well as the existing conditions. C. Establish tie-in options and weather tightness of the existing facility during demolition. DESIGN DEVELOPMENT -_PHASE 2 A. Review of preliminary drawings, including the following: 1. Roof Plans 2. Roof details 3. Unusual and difficult transitions between walls and roof elements B. Define major waterproofing elements C. Define the roofing and waterproofing specifications CONSTRUCTION DOCUMENT - PHASE 3 A. Provide review of architectural drawings for flashing and moisture conflicts including the following: 1. Wall Sections 2. Exterior Elevations 3. Parapet Details 4. Plans Details 5. Door and Window Details CONSTRUCTION - PHASE 4 A. Perform submittal review. B Assist at and/or conduct pre -construction and pre -installation meetings. C. On-site observations of work (two hours per week maximum). D. Monthly progress payment request review. E. Final observations and progress payment request review. F. Maintain photo manifest of work in place. G. Provide daily observation reports of each visit to Owner. Total for Schedule C: Services will be billed at the rates on the Attachment "A" Schedule of Fees QUALITY ASSURANCE INSPECTOR A. Additional visits over and above the two (2) hour on site weekly visit as described in Schedule C, shall be $65.00 hour. B. Full-time Quality Assurance Inspector shall be $65.00 per hour, plus reimbursable expenses, based on one eight hour work day. PROPOSAL FOR PROFESSIONAL SERVICES Page 4 of 5 REIMBURSABLE EXPENSES Upon submission of invoices and support documentation, City of Lubbock shall reimburse Armko for the following expenses: A. Special reproductions as required. TERMS Phases 1-4 for Schedule B & C will be invoiced at the completion of Phase 4 for 70% of total billable amount. Balance due of 30% of total billable amount for Schedule B & C will be invoiced in monthly increments until completion of project. Armko shall receive payment within ten (10) days after receipt of invoice by City of Lubbock according to the aforementioned schedule of fees. Armko's provision of its services hereunder shall be within its discretion, as shall the hours and days to be worked. LIMITATION OF LIABILITY/WARRANTIES With respect to the service to be performed by Armko, pursuant to the terms of this agreement, Armko shall not be liable or responsible for, and it shall be saved and held harmless by City of Lubbock from and against any and all claims and damages of every kind, for injury to or death of any person or persons and for any damage to or loss of property, arising out of or attributed directly or indirectly to the performance of this contract. City of Lubbock agrees that Armko shall provide only the services set out herein and that Armko makes no warranties, express or implied, with respect to the products it may recommend to their fitness for a particular purpose. City of Lubbock agrees to look solely to the warranties made by the contractor and/or manufacturer of said products, including, without limitation, consequential damages arising out of the use of said product. 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 City of Lubbock by Armko and contains all of the covenants and agreements between the parties with respect to such transaction in any matter whatsoever. CHOICE OF LAWIVENUE This agreement shall be governed by and construed in accordance with the laws of the State of Texas and is performable in Lubbock County, Texas. PROPOSAL FOR PROFESSIONAL SERVICES Page 5 of 5 CANCELLATION Either party hereto may cancel this agreement in writing upon thirty (30) days written notice. The contract shall thereafter terminate 30 days after the postmark date of said notice. Nothing contained herein shall relieve either party from performing hereunder during said 30 day period. Payment for all services performed prior to the termination date shall be due within five days after said termination date, unless earlier payment is required under any other provision of this agreement. Respectfully, Brad Draper, RRO, RCI Vice President ARMKO INDUSTRIES, INC. SCHEDULE OF FEES SERVICES Per Hour Principal $130.00 Architect/Engineer 130.00 Senior Roof Consultant 90.00 Roof Consultant 75.00 Registered Roof Observer 65.00 Quality Assurance Inspector 55.00 CAD 55.00 Administrative Assistant 55.00 Clerical 40.00 REIMBURSABLE EXPENSES TRAVEL Lodging Meals Mileage (prevailing rate) MISCELLANEOUS Phone Charges Fax Charges Overnight Services Reprographics Other Fees for services not listed above will be quoted upon request.