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HomeMy WebLinkAboutRes 22-16 Authorizing the TM to execute an agreement with Bennett Partners to provide Town architect servicesTOWN OF WESTLAKE RESOLUTION NO.22-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BENNET PARTNERS TO PROVIDE TOWN ARCHITECT SERVICES. WHEREAS, the Westlake Town Council desires to utilize the services of a professional architect services firm to provide Town architect services and support the Town with architectural reviews of new development within the Town, in accordance with the Town's design standards; and, WHEREAS, the Town Council has budgeted funding in the FY 21-22 Budget for this agreement; and WHEREAS, the Town Council authorize the Town Manager to execute this agreement on behalf of the Town of Westlake; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the agreement with Bennet Partners related to providing Town architect services, attached as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 22-16 Page 1 of 2 PASSED AND APPROVED ON THIS 41h DAY OF April 2022. ATTEST: Mary own APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney :& I" J., jj Laura Wheat, Mayor �N O F Waxy. • � -� a rn DeGan, Town Manager Resolution 22-16 Page 2 of 2 bennett partners 05 October 2021 25 January 2022 - revised Mr. Jarrod Greenwood Assistant Town Manager Town of Westlake 1500 Solana Blvd Building 7 Suite 7200 Westlake, Texas 76262 jgreenwood@westiake-tx.org RE: Proposal for Professional Services Westlake Town Architect Westlake, Texas Dear Jarrod, Resolution 22-16 Exhibit A Michael J. Bennett AIA Principal I Chief Executive Officer I am pleased to provide this professional services proposal for to assist the Town of Westlake as the Town Architect. We appreciate the working relationship our firm has with the Town of Westlake and look forward to continuing that relationship. The following attachments include the details of our fee proposal. 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 proposal, please let me know. If this agreement meets with your approval, please sign and return one executed copy to our office. Best Regards, �" -k Michael J. Bennett AIA Principal and Chief Executive Officer 640 Taylor Street, Suite 2323 1 Fort Worth, Texas 76102 817.335.4991 1 www.bbptx.com NFee Proposal PROJECT DESCRIPTION As Town of Architect we will support the Mayor and Council with architectural reviews of new development within the town, in accordance with the Town's design standards and within the precedent that has been established in prior reviews. In this role we will work with the developer/applicants as needed to review and comment on their plans at points appropriate to their development. We will also work with Town Staff to advise and to provide clarification, and to participate in development review meetings. We will report out to the Mayor and Council on design reviews, as requested. Additionally, our services could include: ■ Meeting with applicants to review proposals for new structures, modifications to existing structures, demolition requests, and signage within various zoning districts • Site visits to verify compliance with approved designs • Act as the liaison for review and for departmental and Town preservation and design issues ■ Administer preservation and design review provisions of the Town ■ Represent the Town at meetings with community groups, committees, and boards ■ Verify that designs are developed in support of Town projects ■ Develop design, phasing, and construction time schedules ■ Conduct presentations for large and small groups • Coordinate and provide leadership on special projects as assigned ■ Attend and make presentations to staff review committee, Planning Commission, and Town Council meetings • Assist developers and contractors with technical questions or interpretations regarding the Town's landscape standards • Respond to citizen inquiries and complaints regarding street trees and landscape requirements ■ Recommend and assist in the implementation of goals and objectives and implement approved policies and procedures related to the development permitting system. • Provide technical assistance to architects on the preparation and review of architectural plans and drawings • Review completed design plans of staff and private consultants to verify compliance with project specifications, space and usage requirements, building and zoning codes, and funding guidelines • Conduct visits of field sites to monitor work in progress and to verify compliance with project schedules, contract specifications, and budget guidelines ■ Review project change orders for appropriateness and recommends approval according to adherence to established policies and procedures ■ Interpret architectural plans to consultants and provide technical assistance to subordinate staff in resolving complex architectural design problems ■ Coordinate and participate in construction design and progress meetings ■ Assist in the preparation of administrative and technical reports and generate comprehensive summaries of current and completed projects ■ Review plans and specification prepared by private architects to determine compliance with program requirements and County architectural standards ■ Prepare and participate in the preparation of feasibility studies and reports ■ Review shop drawings submitted by contractors to determine if program requirements and architectural standards have been met ■ Observe construction operations and materials to maintain design control In addition to the services outlined above, will also be available to assist the Town with the development of design documents for various small projects that might arise from time to time. www.bbptx.com 2 If needed, outside consulting/engineering services will be handled as a mutually agreed reimbursable expense. 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 for specific projects. COMPENSATION AND PAYMENT To perform the scope of work as outlined in this proposal, we propose the following hourly fees: hourly, as requested The fees outlined above exclude reimbursable expenses outlined below. We will invoice for our services on a monthly basis, based on the attached Hourly Rate Schedule. 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, permit 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. AGREEMENT Bennett Benner Partners agrees to perform the services described above and in accordance with the standard Terms and Conditions attached. Michael J. Bennett AIA Principal and Chief Executive Officer Bennett Benner Partners Jarrod Greenwood Assistant Town Manager Town of Westlake 0 I prefer to receive invoices via US mail at the following address: ' I prefer to receive invoices via email at the following address: 610-r-0J n'� `�g �� s . l/✓�S� a ke- - -tX' ot Fee Proposal continued www.bbptx.com 3 ■ 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 rates 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 www.bbptx.com 4 ■ Terms and Conditions 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 RESPONSIBILITIES 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 furnish 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 authority 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 in 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 for 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 as 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 www.bbptx.com 5 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 within 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 CLAIMS AND DISPUTES 6.1 In an effort to resolve any conflicts that arise during the design and construction 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. 6.3 If a dispute arises from matters related to the services provided under this Agreement and that dispute requires litigation instead of mediation as provided above, then the prevailing party shall be entitled to recovery of all reasonable attorney's fees, costs, charges, and expenses expended or incurred. 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 outstanding 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 BENEFICIARIES 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 Agreement or the performance or nonperformance of services hereunder. The Client and Consultant agree 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 Conditions continued www.bbptx.com 6