Common use of THE PARTIES MUTUALLY AGREE Clause in Contracts

THE PARTIES MUTUALLY AGREE. A. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the OWNER upon completion or termination of the CONSULTANT'S services and payment in full of undisputed charges due the CONSULTANT, in accordance with this Agreement. The CONSULTANT shall not be responsible for any re-use or modification of the plans and specifications once they become property of OWNER. The OWNER agrees to hold the CONSULTANT harmless from all claims, liability or cost, including reasonable attorney fees and defense costs which arise out of such further use without the participation of the CONSULTANT. B. In the event of unavoidable delays in the progress of the work contemplated by this Agreement, reasonable extensions in the time allotted for the work will be granted by the OWNER; provided, however, that the CONSULTANT shall request extensions, in writing, giving the reasons therefore. Such time extensions shall not justify an increase in the PROJECT cost. C. It is further agreed that this Agreement and any modifications to it shall be binding upon the parties hereto and their successors and assigns. D. Neither the OWNER'S review, approval or acceptance of, nor payment for any of the work or services required to be performed by the CONSULTANT under this Agreement shall be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement and the CONSULTANT shall be and remain liable to the OWNER for all costs of any kind which are incurred by the OWNER as a result of the CONSULTANT’S breach of any condition or warranty contained in the Agreement. E. The rights and remedies of the OWNER provided for under this Agreement are in addition to any other rights and remedies provided by law and the OWNER may assert its right of recovery by any appropriate means, including, but not limited to, set-offs; suit; withholding; recoupment; or counterclaim, either during or after performance of this Agreement. F. The CONSULTANT agrees to employ structural, mechanical and electrical engineers, if necessary, as determined by the CONSULTANT and OWNER jointly, for design and analysis and to pay the fees as contracted for with the individual engineers for such services. These fees are not reimbursable expenses and are included in the fixed PROJECT fee.

THE PARTIES MUTUALLY AGREE. A. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the OWNER upon completion or termination of the CONSULTANT'S services and payment in full of undisputed charges due the CONSULTANT, in accordance with this Agreement. The CONSULTANT shall not be responsible for any re-use or modification of the plans and specifications once they become property of OWNER. The OWNER agrees to hold the CONSULTANT harmless from all claims, liability or cost, including reasonable attorney fees and defense costs which arise out of such further use without the participation of the CONSULTANT. B. In the event of unavoidable delays in the progress of the work contemplated by this Agreement, reasonable extensions in the time allotted for the work will be granted by the OWNER; provided, however, that the CONSULTANT shall request extensions, in writing, giving the reasons therefore. Such time extensions shall not justify an increase in the PROJECT cost. C. It is further agreed that this Agreement and any modifications to it shall be binding upon the parties hereto and their successors and assigns. D. Neither X. Xxxxxxx the OWNER'S review, approval or acceptance of, nor payment for any of the work or services required to be performed by the CONSULTANT under this Agreement shall be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement and the CONSULTANT shall be and remain liable to the OWNER for all costs of any kind which are incurred by the OWNER as a result of the CONSULTANT’S breach of any condition or warranty contained in the Agreement. E. X. The rights and remedies of the OWNER provided for under this Agreement are in addition to any other rights and remedies provided by law and the OWNER may assert its right of recovery by any appropriate means, including, but not limited to, set-offs; suit; withholding; recoupment; or counterclaim, either during or after performance of this Agreement. F. X. The CONSULTANT agrees to employ structural, mechanical and electrical engineers, if necessary, as determined by the CONSULTANT and OWNER jointly, for design and analysis and to pay the fees as contracted for with the individual engineers for such services. These fees are not reimbursable expenses and are included in the fixed PROJECT fee.

THE PARTIES MUTUALLY AGREE. A. That the field notes and other pertinent working digital files of drawings and documents pertaining to the PROJECT shall become the property of the OWNER upon completion or termination of the CONSULTANT'S services and payment in full of undisputed charges due the CONSULTANT, in accordance with this Agreement. The CONSULTANT shall not be responsible for any re-use or modification of the plans and specifications once they become property of OWNER. The OWNER agrees to hold the CONSULTANT harmless from all claims, liability or cost, including reasonable attorney fees and defense costs which arise out of such further use without the participation of the CONSULTANT. B. In the event of unavoidable delays in the progress of the work contemplated by this Agreement, reasonable extensions in the time allotted for the work will be granted by the OWNER; provided, however, that the CONSULTANT shall request extensions, in writing, giving the reasons therefore. Such time extensions shall not justify an increase in the PROJECT cost. C. It is further agreed that this Agreement and any modifications to it shall be binding upon the parties hereto and their successors and assigns. D. Neither the OWNER'S review, approval or acceptance of, nor payment for any of the work or services required to be performed by the CONSULTANT under this Agreement shall be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement and the CONSULTANT shall be and remain liable to the OWNER for all costs of any kind which are incurred by the OWNER as a result of the CONSULTANT’S breach of any condition or warranty contained in the Agreement. E. The rights and remedies of the OWNER provided for under this Agreement are in addition to any other rights and remedies provided by law and the OWNER may assert its right of recovery by any appropriate means, including, but not limited to, set-offs; suit; withholding; recoupment; or counterclaim, either during or after performance of this Agreement. F. The CONSULTANT agrees to employ structural, mechanical and electrical engineers, if necessary, as determined by the CONSULTANT and OWNER jointly, for design and analysis and to pay the fees as contracted for with the individual engineers for such services. These fees are not reimbursable expenses and are included in the fixed PROJECT fee. G. If a firm or firms are separately engaged by the OWNER to work under the general direction of the CONSULTANT, the CONSULTANT shall have no responsibility for technical sufficiency of the services of such separately engaged firms. H. Unless otherwise provided in this Agreement, the CONSULTANT and employees or subcontractors shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the PROJECT site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. However, CONSULTANT shall promptly notify OWNER of the presence or suspected presence of such materials at the PROJECT site. I. By signing this Agreement, the representative of CONSULTANT represents that such person is duly authorized by CONSULTANT to execute this Agreement and to bind CONSULTANT to the provisions herein. J. This Agreement represents a negotiated agreement between the Parties and shall not be construed against the Party drafting this Agreement. K. If any provision, covenant, agreement or portion of this Agreement, or its application to any person, entity or property, is held invalid or unenforceable in whole or in part, this Agreement will be deemed amended to delete or modify, in whole or in part, if necessary, the invalid or unenforceable provision or provisions, or portions thereof, and to alter the balance of this Agreement in order to render the same valid and enforceable. In no such event will the validity or enforceability of the remaining valid portions hereof be affected. The parties have executed this Agreement the day and year first above written. CITY OF WICHITA, KANSAS XXXXXXXX ARCHITECTURE Xxxx Xx, Mayor Xxxxxx Xxxxxx, Xx. Vice-President ATTEST: Xxxxx Xxxxxx, City Clerk APPROVED AS TO FORM: Xxxxxxxx Xxxxxx City Attorney and Director of L FEE PROPOSAL Construction Documents $300,000 Bidding $20,000 Construction Administration $80,000 Art Administration $15,000 Civil Engineering $34,800 Reimbursables $5,000 Total $454,800 ADDITIONAL SERVICES NOT INCLUDED IN THE FEE PROPOSAL Renderings, computer-generated or otherwise Environmental assessments and geotechnical engineering Special inspections (including storm shelter) FEMA third-party design review (if required) Construction staking or testing Design of equipment and cabling for all low-voltage systems (data, A/V, etc.) As-built drawings MABCD plan review fees Traffic or impact studies Zoning, platting easements, vacation cases, lot splits Widening or expansion of 13th Street Construction administration services beyond those listed above. . SCHEDULE Construction Documents 90 days from contracted start date Exterior material selection Art design Exterior storage and site design Owner Review and Approval 15 days Bidding Support 30 days Total Design Phase 135 days Construction Administration General Contractor Schedule The CONSULTANT’S SCOPE OF SERVICES for such shall incorporate the following: A. CONSULTANT will provide Construction Documents for the PROJECT based on existing materials from the WPD Patrol East project. The Construction Documents shall set forth in detail the requirements for construction for the PROJECT. The Construction Documents shall include drawings and specifications that establish in detail the quality levels of materials and systems required for the PROJECT. B. Assist OWNER in the creation of a Bid package utilizing 100% complete construction documents to select a Construction Team. C. CONSULTANT will prepare detailed construction drawings and specifications breaking out portions of the construction and/or equipment to be considered as alternates, so the OWNER can maximize the value engineering process and funds available. D. The CONSULTANT shall conduct the necessary code analysis, consult with governing authorities having jurisdiction over the PROJECT, and incorporate their requirements into the construction documents for the PROJECT.

THE PARTIES MUTUALLY AGREE. A. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the OWNER upon completion or termination of the CONSULTANT'S services and payment in full of undisputed charges monies due the CONSULTANT, in accordance with this AgreementContract. The CONSULTANT shall not be responsible for any re-use or modification of the plans and specifications once they become property of OWNER. The OWNER agrees to hold the CONSULTANT harmless from all claims, liability or cost, including reasonable attorney fees and defense costs which arise out of such further use without the participation of the CONSULTANT. B. In the event of unavoidable delays in the progress of the work contemplated by this AgreementContract, reasonable extensions in the time allotted for the work will be granted by the OWNER; provided, however, that the CONSULTANT shall request extensions, in writing, giving the reasons therefore. Such time extensions shall not justify an increase in the PROJECT cost. C. It is further agreed that this Agreement Contract and any modifications to it all agreements entered into under the provisions of this Contract shall be binding upon the parties hereto and their successors and assigns. D. Neither X. Xxxxxxx the OWNER'S review, approval or acceptance of, nor payment for any of the work or services required to be performed by the CONSULTANT under this Agreement Contract shall be construed to operate as a waiver of any right under this Agreement Contract or any cause of action arising out of the performance of this Agreement Contract and the CONSULTANT shall be and remain liable to the OWNER for all costs of any kind which are incurred by the OWNER as a result of the CONSULTANT’S breach of any condition or warranty contained in the AgreementContract. E. X. The rights and remedies of the OWNER provided for under this Agreement Contract are in addition to any other rights and remedies provided by law and the OWNER may assert its right of recovery by any appropriate means, including, but not limited to, set-offs; suit; withholding; recoupment; or counterclaim, either during or after performance of this AgreementContract. F. All sub-consultants retained to assist CONSULTANT in performing his duties will be paid by the CONSULTANT, and the cost of those services shall be included in the fixed PROJECT fee. G. The CONSULTANT agrees to employ structural, mechanical mechanical, civil, and electrical engineers, if necessary, as determined by the CONSULTANT and OWNER jointly, for design and analysis and to pay the fees as contracted for with the individual engineers for such services. These fees are not reimbursable expenses and are included in the fixed PROJECT Project fee. H. Special consultants or subcontractors are those who provide services other than those provided by the CONSULTANT and defined in Exhibit A. If any special consultants or sub-consultants are retained on the OWNER’S behalf, their charges will be paid separately and directly by the OWNER. Invoicing and payment will be arranged separately between the OWNER and the special consultants or subcontractors. I. If a firm or firms are separately engaged by the OWNER to work under the general direction of the CONSULTANT, the CONSULTANT shall have no responsibility for technical sufficiency of the services of such separately engaged firms. J. It is further agreed that this Contract and all contracts entered into under the provisions of this Contract shall be governed by the laws of the State of Kansas, without consideration of its choice of law provisions, and that venue shall lie exclusively in Sedgwick County, Kansas. K. Unless otherwise provided in this Contract, the CONSULTANT and employees or subcontractors shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. L. In case of conflict among the provisions of this Contract, the order of precedence for interpretation shall be the following priority: 1) Exhibit E, 2) Exhibit B, 3) Exhibit C, 4) the base contract, 5) Exhibit A, and 6) Exhibit D. The parties have executed this Contract the day and year first above written. CITY OF WICHITA, KANSAS Xxxxxxx X. Xxxxxxx, Mayor ATTEST: Xxxxx Xxxxxxx, City Clerk APPROVED AS TO FORM: Xxxxxxxx Xxxxxx City Attorney and Director of Law TRANSYSTEMS CORPORATION The City of Wichita, Kansas and Wichita Transit Services, hereinafter referred to as “City”, is requesting architectural and engineering services, hereinafter referred to as the “Consultant”, to design a Multi-Modal Facility located within the Delano area. The Multi-Modal Facility is anticipated to be a state of the art facility and should be designed to meet the current and future regional needs of commuter transit needs and mitigate traffic congestion. The proposed Multi- Modal Facility should provide connections and transfers to the following uses:  Transfers for at least 6 bus routes that will access the Multi-Modal Facility  Provide service to express Bus Routes coming off Xxxxxxx (US 54)  Provide Service to Bus Rapid Transit line on Xxxxxxx  Provide service to the Q (downtown shuttle service)  Provide approximately 500 parking stalls to be utilized by commuters utilizing various transit services as well as provide parking for area businesses  Provide accommodations for InterCity carriers such as Greyhound  Provide electric changing stations for buses and employee/public vehicles The Multi-Modal Facility should provide accommodations for pedestrians, bicyclists, and scooter riders that may be accessing the site by utilizing adjacent bicycle facilities and sidewalks. The Multi- Modal Facility shall provide spacefor bike share, scooter rental, and facilities to promote such activities for all seasons, thus making it a truly Multi-Modal Facility. Wichita residents and visitors shall be able to walk, bike, scooter, drive or take a bus to this facility. Once inside, visitors shall be able to utilize the following proposed amenities; transit and Intercity bus ticket counters,retail space with shops including coffee, quick pick up food, bicycle shop, and public safety office as examples. Consideration should also be given for Uber and/or Lyft drop off areas as well. Wichita Transit currently utilizes the following IT services; WiFi on buses, Real Time Bus Information, and myStop Mobile app. It is desired to extend the City of Wichita fiber network, which currently terminates at the corner of Sycamore and Maple, to the new Multi- Modal Facility. The site for the Multi-Modal Facility is located a few blocks west of the Arkansas River and two blocks south of Xxxxxxx. The site is bordered by four streets; Sycamore, Oak, Xxxxxx and Texas and has 70,000 square feet of developable space. The site has been recently zoned to General Commercial by the Wichita Area Metropolitan Planning Department. Public utilities (water and sanitary sewer) and private utilities (gas, electric, and telecommunications) are available to serve the site. The project construction budget is $17.9 million. Disciplines provided include, but are not limited to, planning, architecture, grading, drainage, pavement, site utilities, traffic, structural, mechanical, electrical, plumbing, fire protection, fire alarm, signage, accessibility, code compliance, vertical circulation, telecommunications, communications and information technology, stakeholder coordination, landscape architecture, security, geotechnical, survey, cost estimating, sustainability and interior design. Disciplines and services specifically not included in this Scope of Services include environment analysis/permitting, demolition design, site selection, and concession agreement support with possible tenants. This document makes references to the Project, Development and Facility (ies). All of these are a part of the Scope of Services. The use of Development is intended to be all encompassing reference and includes the facilities to be designed and built by the City. Project and Development are used interchangeably. Facility (ies) denote underground and above ground improvements needed to support the Multi-Modal Facility.