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HomeMy WebLinkAboutContract 52029 CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACTNO. 5aoM STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY'), and Bennett Benner Partners, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Las Vegas Trail Community Center. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A"—Scope of Services; 3. Attachment "B"—Verification of Signature Authority f=orm. Attachments "A" and "B", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Las Vegas Trail Community Center. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $16,800.00, which includes $800.00 of reimbursable expenses, unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses include; Printing Costs, Renderings or Models for Public and City meetings, Postage and Courier Expenses, Travel (Mileage Only), Other Costs with Prior Approval of the City. .* City of Fort Worth,Texas r- Standard Agreement for Professional Services RECEUUZvision Date:2/15/2016 Page 1 of 9 MAR 1 1 2019 OFFICIAL RECq CIN OF FORT WORTH CITY SECRETA UW SECRETARY r FT. WORTH, The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 90 Days, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringeiment, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/15/2018 Page 2 of 9 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of,:he Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accicent $500,000 disease - policy limit $100,000 disease - Oach employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coveragE! under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/15/2016 Page 3 of 9 f. Other than worker's compensation insurance, in IiiE!u of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which ;ould result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request- of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shell not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no faul': of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:211512018 Page 4 of 9 (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant ba::ed upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared urder this Agreement, including any original drawings or documents, whether furnkohed by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/15/2018 Page 5 of 9 Article X Minority Business and Small Business Enterprise (MBE)(.'-;BE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe anc comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of con:;truction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhib is hereto. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/15/2018 Page 6 of 9 Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forNarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13th Street Fort Worth, Texas 76102 Consultant: Bennett Benner Partners, Inc. Attn: Michael J. Bennett AIA Principal and Chief Executive Officer 500 West 7th Street, Suite 1400 Fort Worth, Texas 76102 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement:. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/15/2018 Page 7 of 9 Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (IIJA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perfc rm such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right :o immediately terminate this Agreement for violations of this provision by Vendor. Article XVIII House Bill 89 Contractor acknowledges that in accordance with Chapter 2:270 of the Texas Government Code, the City is prohibited from entering into a contract With a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel;and(2) will not boycott Israel during the term of the contract City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/15/2018 Page 8 of 9 Article XIX Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the 871V, day of MarcK , 20 /9 . BY: BY: CITY OF FORT WORTH CONSULTANT Bennett Benner Partners, Inc. ado Costa Michael.J. Biehief AIA Assistant City Manager PrincipallaancExecutive Officer Date: 3 8 /9 Date: 1' 1!� 19 APPRO RE MMENDED: Y: oge V natN, Interim Director P ope y an g ent Department APPROVED AS TO FORM AND LEGALITY M&C No.: Not Required By: : Assistant Ci Attorney�6�n 'S�ro.�'17 M&C Date: Not Required ATTEST: F0&;�- ................ JZ/ `'' Form 1295 Certification: Marys r ;2 City Se etary '�' `: Not Required CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administrate n of this contract, ludiing all performance and reporting requirements. By: So&. Brian R.Glass,AIA Architectural Services Manager City of Fort Worth,Texas Standard Agreement for Professional Services Page Revision Date:2/15/2018 9 of gOFFICIAL RECORD CITY SECRETARY FT. WORTH,TX TTACHMENT "A W Wm -::,F •� r � �•'�— ��1. _ �+rte; � -- - �..•A"i !., x-�ir�9 �'i+�^i"�_�?s - }— � 3 - '�` �";V- h ?:.�r'. rF•yr�.;�,�, ..,,� �. `�� -L s�,,,,;�,yr,�,����� } 'yam ..-� -'� _ _. �,.',� ��: '', t-_ r s. h�.,.,. ,-. '' �Y .�+. Y,r�,•y...x:'`, _ f:�• ... �G} w '`" El�'" S '� x ` +,rte' �.rs .v '�'• ..r. - - -x. -AS VEGAS TRAIL COMMUNITY CENTER t i y jt -�.r i. � �` ��.`t"` ;yy'`•kv�V t `�f��'Ey,• �e � !�`+��..` $ r����� •t � "y' 4t, �tti .�;,z .;�:'t .3 "f t. �����y ��. z. �`+4`fi��i kp''i't� ti`�f�''3�j..�???'���14' r+' �r•�:G}�,�W` �����. 4t, y' �•;,'Z<,j'� d`~•` ��"'S.b ? „rte{ + BEWETF BEIWER PARTNERS Michael J.Bennett AIA ARCH I T E C T S + PLANNERS Principal Chief Executive Officer 14 September 2018 Mr.Fernando Costa Assistant City Manager 1000 Throckmorton Fort Worth,Texas 76102 RE: Proposal for Feasibility Study and Conceptual Design Las Vegas Trail Community Center Fort Worth,Texas Dear Fernando, Thank you for the opportunity to provide this proposal for conceptual design services and feasibility study for the Las Vegas Trail Community Center in Fort Worth. I enjoyed our recent meeting with you,councilman Byrd and city staff to hear more about your plans for this development.I also enjoyed our tour of Jubilee Park and Bonton Farms. It's an exciting opportunity and the kind of catalyst project that our firm enjoys being a part of. For this project,we would propose to first develop the conceptual design and feasibility study to determine the scope of the project. Once the scope of the project is established,we can follow up with a more defined full services proposal. The following attachments include our fee proposal,scope of services,and standard terms and conditions. Again,we are pleased to have the opportunity to submit this proposal to you.. If we have misunderstood your requirements,or if you need us to make revisions or clarifications to our propo:ial,please let us know.If this agreement meets with your approval,please sign and return one executed copy to our office. Thank you for considering Bennett Benner Partners for this work. We look forward to hearing from you. Best Regards, wwo-4� Michael J.Bennett AIA Principal and Chief Executive Officer 500 West 7th Street,Suite 1400 I Fort Worth,Texas 76102 817.335.4991 j www.bbptx.com 11 Project Deta PROJECT DESCRIPTION #LVTRise is a partnership of private companies,human service organizations and government agencies dedicated to helping residents of the Las Vegas Trail area improve their neighborhood and lives. A community center is one of the needs that has been identified in the public engagement process.One of the possible options being considered is to repurpose the existing westside YMCA building into a community center.The purpose of this study is to analyze the potential for adaptation re-using the 7,900 square foot building for a community center.Our team will assess the building for ADA and building coda compliance,along with long term maintenance and serviceability considerations.The program of the renovation will include multi-use activity spaces,community rooms,computer room&library,commercial&de-nonstration kitchen and sports fields. Additionally,adding a police substation and job placement center may be considered. One key aspect of this study will be to completely change the image and feel of the existing building to reflect the rebirth of the Las Vegas Trail area. Once the design and scope of the project has been finalized,we can discuss a proposal for the full design services needed to permit and construct the project.The anticipated construc-don budget is anticipated to be approximately$4 million. - - - -T TEA1 Our firm will be leading the conceptual design effort to investigate options for the project using the program requirements and your feedback. We have not anticipated the need for other consultants at this stage,but we will work with you if we jointly decide other expertise is needed during the course of the project. As our client, you will review and approve our work,and will provide direction to us regarding the project program,schedule and budget. You will also provide us information regarding your site,such as available drawings,surveys, geotechnical information,if available,and any applicable design standards or deed restrictions. ,�- 'OP J ITT tev k www.bbptx.com 3 ■ 2 ) Scope of Work SCOPE OF SERVICES - Bennett Benner Partners will be the architect for the project as generally described above and will provide the conceptual design services and feasibility study described below. z Our proposed scope of work will include the following: }r" =; 4 FEASIBILITY STUDY We will conduct an on-site field review of existing conditions and collect and review existing site documentation,such as existing :,. floor plans,surveys and zoning requirements. We will assess the condition of the site and existing building and review potential issues in terms of building code and accessibility. DELIVERABLES ■ Site analysis and zoning study ■ Existing building assessment CONCEPTUAL DESIGN PHASE In this phase of the work,we will use the available programming information to generate design options. A public outreach meeting will be held to gather feedback from the neighborhood and community. With the previous documentation and public input in hand,we will develop several alter-iativeconcept plans to help you visualize the general scope of the project and how to best utilize the existing b jilding and site. We will review and discuss the various alternatives with you to arrive at a preferred alternative!,which we will develop further. At this stage,we will also begin to review precedent images of other projects to help us develop a consensus with you on the general look and feel of the building. We will produce conceptual plans and three-dimensional renderings of the selected option that reflect the function and overall design aesthetics for presentation to you and other stakeholders. At this stage,a follow up public outreach meeting will be held to present the conceptual design. Additionally, we will provide final renderings that can be used for marketing and fundraising DELIVERABLES ■ Conceptual site plan alternatives ■ Conceptual floor plans alternatives • Site plan,floor plans,and elevations of the selected conceptual design ■ Three-dimensional conceptual renderings of 2-3 exterior views ■ Presentation of conceptual design to neighborhood groups MEETINGS AND PRESENTATIONS We have included meetings and presentations with you as needed to progress the design and to coordinate our work. We have also included 2 public meetings. 4 3 1 Fee Proposal COMPENSATION AND PAYMENT To perform the scope of work as outlined in this proposal,we propose the foll-Dwing lump sum fees: Las Vegas Trail Community Center-Feasibility Study $6,000.00 (six thousand dollars) Las Vegas Trail Community Center-Conceptual Design $10,000.00 (ten thousand dollars) The fees outlined above exclude reimbursable expenses and the additional services outlined below. We will invoice for our services on a monthly basis,based on a percentage complete per phase of the work. AGREEMENT Bennett Benner Partners is appointed under the terms of this Agreement,including: s 1 Project Details . 2 Scope of Work ■ 3 Fee Proposal ■ 4 Additional Fees and Expenses ■ 5 Hourly Rate Schedule . 6 Terms and Conditions which together comprise the Agreement between the client and Bennett Benner Partners. The client agrees to engage Bennett Benner Partners subject to and in accordance with the terms of this Agreement and undertakes to carry out their duties in accordance therewith including payment of the fees and expenses as set out in Part 3 and Part 4 of the Agreement. Bennett Benner Partners agrees to perform the services described in Part 1 and Part 2 of the Agreement and in accordance with the terms and conditions hereunder. Michael J.Ben ett AIA Fernando Costa Principal and Chief Executive Officer Assistant City Manager Bennett Benner Partners City of Fort Worth :,.� S ■ 4 1 Additional Fees and Expenses ADDITIONAL SERVICES The items listed below are not included in the services covered under this proposal;however,we would be pleased to submit a proposal for these items as an additional service upon yon r request. • Specialty consultants not listed above,such as civil or geotechnical consulting ■ Design of specialty items such as water features,sculpture and other art pieces ■ Wayfinding and graphics,except as required by governing authorities • Quantity surveying or construction scheduling Furniture,fixtures and equipment(FF&E)selection or specification • Three-dimensional renderings beyond those identified above • Professionally-built models or material mock-ups ■ Drawings or reports for approvals by statutory agencies other than those mentioned herein • Field survey or other documentation of as-built/existing conditions • Out-of-phase revisions to previously approved work • Revisions to the project description,scope of services or schedule • Additional meetings or presentations beyond those identified above • Permit agency appeals or variance hearings beyond initial presentation • Revised drawing packages as required for owner financing ■ Building information modeling(BIM) • Revisions to existing zoning or re-platting • Detailed construction documents ADDITIONAL SERVICES AND RATES FOR HOURLY SERVICES Additional services shall be billed on an hourly basis,unless a fixed fee or other method of compensation is mutually agreed upon.Our current hourly rates are attached to this fee proposal.These rates apply for the current calendar year and are subject to revision on January 1 when they may be revised to reflect changes in staff salaries over the preceding year. REIMBURSABLE EXPENSES All out-of-pocket expenses incurred on behalf of a client for items such as travel,teleconferences,printing and graphics,postage and delivery,photography,scale models,fees paid to authorities having jurisdiction(including TAS plan review and site inspection fees)and outside consulting services will be billed at cost plus ten percent (10%).Reasonable backup will be available upon request but limited to items over$150 each. bbr_,.co6 5 ( Hourly Rate Schedule CLASSIFICATION HOURLY BILLING RATE Principal $300.00 Senior Project Manager $180.00 Project Manager $170.00 Project Architect 1 $160.00 Project Architect II $140.00 Landscape Architect 1 $150.00 Landscape Intern $100.00 Project Coordinator 1 $125.00 Project Coordinator II $110.00 Interior Designer $150.00 Interior Designer 1 $130.00 Interior Designer II $110.00 Interior Design Intern $80.00 Construction Administrator $140.00 Technician 1 $120.00 Technician II $90.00 Sr.Administrative $120.00 Administrative $110.00 Planner $120.00 Urban Planner $150.00 Development Analyst/Planner $120.00 Planning Intern $100.00 IT Management $110.00 These rates apply for the current calendar year and are subject to revision on January 1,when they may be revised to reflect changes in staff salaries over the preceding year.Hourly rates for principals'attendance at public hearings and similar public presentations are 1.5 times the regular raters shown in the attachment. Hourly rates are all inclusive;employees'base salaries are marked up for employee benefits(vacation,holidays,sick leave,payroll taxes and employee insurances)then the overhead factor is applied.To this total the remaining profit percentage is added. Effective January 2018 7 b 1 Terms and Conditions 1 ARCHITECT'S RESPONSIBILITIES 1.1 Bennett Benner Partners shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. 1.2 Bennett Benner Partners shall maintain insurance coverage for the duration of this Agreement. If any of the requirements exceed the types and limits Bennett Benner Partners normally maintains,the Client shall reimburse Bennett Benner Partners for any additional cost. 2 CLIENT'S RESPONSIBIUTIE:; 2.1 The Client or his consultants shall furnish Bennett Benner Partners with complete information about the Project including,but not limited to,site plan,accurate drawings of existing and proposed buildings, programming information and budgets. 2.2 The Client shall furnish surveys to describe the physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site. 2.3 The Client shall fumish services of geotechnical engineers,which may include test borings, determinations of soil bearing values and percolation tests with written reports and appropriate recommendations. 2.4 Bennett Benner Partners'work will be based on information regarding existing conditions provided by the Client and his consultants,and shall be entitled to rely on the accuracy and completeness of this information. 2.5 The Client shall review promptly and thoroughly all documentation submitted for approval.Decisions and information to be provided by the Client shall be furnished in an expeditious manner in the interest of the timely progress of the design services. 2.6 The Client shall designate a Representative who shall have the author'ty to provide day to day decisions and to act on the Client's behalf. 2.7 The Project cost budgets,monitoring and construction scheduling shall be the Client's exclusive responsibility. 2.8 Obtaining necessary planning and building permits are not included it the scope of this proposal. 3 TERMINATION OR SUSPENSION 3.1 The Project shall be considered suspended if work stops for sixty(60)days or if Client suspends the performance of services by Bennett Benner Partners for convenience.Upon suspension the Architect shall cease work and incur no further fees and shall be compensated fzr all basic and additional services performed to the date of suspension based on the percentage of completion times the fee along with any reimbursable expenses incurred to the date of the notice of suspension.Upon resumption of services the fee for the remaining services shall then be equitably adjusted to reflect the actual impact of the suspension of the work. 3.2 If services are terminated for any reason,Bennett Benner Partners shall be compensated for all basic and additional services performed to the date of the notice of termination based on the percentage of completion to date along with any reimbursable expenses,as well as an amount equal to 10%of the total compensation for all services remaining under this Agreement a!:compensation for future lost profits. 4 NON-PAYMENT 4.1 Bennett Benner Partners shall have no obligation to work on the Project and render services if the Client fails to pay Architect's statements for services rendered within sixty(60)days from the date of such statements.In the event that more than sixty(60)days passes from Bennett Benner Partners delivery of its statement and the Client has failed to pay the amount set forth therein, Bennett Benner Partners shall give written notice to the Client of its intent to stop work.Unless the Client makes arrangements acceptable to Bennett Benner Partners w'thin ten(10)business days from its receipt of that notice to provide for payment of the delinquent fee,the Architect shall stop work and shall have no liability for any damages which result to the Client as a result of such work stoppage. CHANGES OF SCOPE 5.1 If any change to the Project Description,Scope of Services or Schedule occurs,then Bennett Benner Partners shall perform services affected by these changes only after a mutual and final written agreement of any scope change and compensation for Additional Services. 6 CLi�l -S AND DISPUTES 6.1 In an effort to resolve any conflicts that arise during the design and ccnstruction of the Project or following the completion of the Project,the Client and the Bennett Benner Partners agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to non-binding mediation. 6.2 The Client and Bennett Benner Partners further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors,sub-consultants,suppliers and fabricators,thereby providing for mediation as the primary method for dispute resolution.among the parties to all those agreements. 7 COPYRIGHTS AND LICENSES 7.1 Drawings and Specifications for the Project are and shall remain the property of the Bennett Benner Partners who shall retain ownership of the drawings and the copyrights,whether the Project for which they are made is executed or not.They may not be used,sold,or transferred by the Client, nor may they be utilized on other projects or extensions to the Project,except by agreement in writing and with appropriate compensation to Bennett Benner Partners. 7.2 Bennett Benner Partners grants,subject to payment of all outst.andinc:fees,to the Client a non- exclusive limited license to use and reproduce Drawings or Specifications for the Project for all purposes relating to the Project. 8 THIRD-PARTY BENEFrClAKIES 8.1 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Consultant.The Consultant's services under this Agreement are being performed solely for the Client's benefit,and no other party or entity shall have any claim against the Consultant because of this Agrcement or the performance or nonperformance of services hereunder.The Client and Consultant e.gree to require a similar provision in all contracts with contractors,subcontractors,sub-consultants,vendors and other entities involved in this Project to carry out the intent of this provision Terms and Ccnditions continued ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTF'ORITY BENNETT BENNER PARTNERS, INC. 500 WEST 7T" STREET, SUITE 1400 FORT WORTH, TEXAS 76102 Consultant hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hen�by certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Consultant. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of Preside /CEO Other Title: AAA- Date: AA- Date: