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Supplmntl Info - C29400 Rcvd after 12/04/09
Klassen, Rachelle From: Hermann, David Sent: Thursday, December 10, 2009 8:44 AM To: Klassen, Rachelle Subject: FW: Address to Council Members Attachments: LEEDDisclaimer.pdf Good morning Rachelle, The email below was sent to the City's general mailbox and is addressed to the City Council. It relates to an item on tonight's council meeting agenda. Should 1 send it to Wilma to provide to the Council or does the Clerk's office provide this type of correspondence to the Council as supplemental agenda packet information? Thanks! David David Hermann Public Information Officer City of Palm Desert 760-776-6380 From: Chris Mc Fadden [mailto:cmcfadden@mmarc.com] Sent: Tuesday, December 08, 2009 11:43 AM To: InformationMail Cc: localnews@thedesertsun.com Subject: Address to Council Members Dear Council Members, I was hoping to address these items in person at this Thursday evening's Public Comment section of your Council meeting, unfortunately I have another engagement so I would like to address these items via e-mail in lieu as follows: 1. The award of the Aquatic Center to Gould Evans Associates of Arizona. First of all, my firm did NOT submit on this project due to the "QBSC (Qualification Based Selection Criteria)" that was utilized, so this should not be perceived as "sour grapes" but an open minded critique. QBSC like many other well meaning concepts has been "significantly altered" in definition and meaning over the years, it is no longer what it may have been originally developed for, but has become a methodology for preselecting a firm based on a narrow scope of services NOT necessarily talent or capability. Essentially NO General Practice firm has the "specialties" that was outlined in the published RFP (3 projects of similar scope in the last 5 years). These narrowly written qualifications are unfair to the VAST amount of talent and expertise that exist with firms in the region (Coachella Valley). This project should NOT be awarded to an "out of area firm" in this economic crisis. I request that the Council DENY this award and select a LOCAL firm (excluding mine) so the council can practice true sustainability, 992k (or less) will go far to keep locals (Coachella Valley firms) employed. This project does NOT have such a high degree of expertise that ANY LOCAL LICENSED firm cannot handle it. The Aquatic Center does not require SFM / OSHPD or DSA review. Awarding this project to an Arizona firm, that is based in a right-to-work state that does not have the tax or regulatory structure like the Republic of California is indeed "unfair". Complexity wise - I submitted on the El Paseo Revitalization, combined fees (which I heard the Council was appalled over) were LESS than the fees for this Aquatic Center of much simpler site constraints and overall discipline coordination. 1 I once asked Don Wexler what his MOST DIFFICULT school project was and without hesitation he quipped "My first one!, I sweated bullets over that project". 2. Need for LEED - I appreciate the City of Palm Deserts desire for conservation. I have been actively engaged in the "Energy Standards since their inception in 1978. The City of Palm Desert has the toughest energy standards in the entire nation due to the already stringent State Standards and the local additional burden to exceed these budgets by 10% - 15%. As you know, the State has delayed the adoption of the new even MORE stringent Standards (which will end up being equivalent to what is now normal practice in PD) from last June to this January which in this economy I think was a smart move. California has LED the way in Energy Efficiency and in my opinion has much more practicality than LEED (science vs. science fiction). I have attached the disclaimer that LEED publishes on their recently issue 3.0 version manual, which I think you will agree discloses their validity in their own product. I have thought of introducing similar language into my agreements, but then I would NEVER get another job. I would request that the Council maintain their enforcement (and more importantly) implementation of the Ca. T-24 Standards and WAIT until LEED has their house in order. Regards, Chris Mc Fadden Architects 42-635 Melanie Place, Suite 102 Palm Desert, California 92211 Tel: (760) 346-8014 Fax: (760) 568-0963 E-Mail: cmcfadden(ammarc.com Web: www.mmarc.com 2 COPYRIGHT Copyright © 2009 by the U.S. Green Building Council, Inc. All rights reserved. The U.S. Green Building Council, Inc. (USGBC') devoted significant time and resources to create this LEED Rating System. USGBC authorizes individual use of the LEED Raring System. In exchange for this authorization, the user agrees: i. to retain all copyright and other proprietary notices contained in the LEED Rating System, 2. not to sell or modify the LE ED Rating System, and 3. not to reproduce, display, or distribute the LEED Rating System in anyway for any public or commercial purpose. Unauthorized use of the EED Rating System violates copyright, trademark, and other laws and is prohibited. DISCLAIMER None of the parties involved in the funding or creation of the LEED Rating System, including the U SGBC, its members, its members, volunteers, or contractors, assume any liability or responsibility to the user or any third parties for the accuracy, completeness, or use of or reliance on any information contained in the LEED Rating System, or for any injuries, losses, or damages (including, without limitation, equitable relief) arising from such use or reliance. Although the information contained in the LEED Rating System is believed to be reliable and accurate, all materials set forth within arc provided without warranties of any kind, either express or implied, including but not limited to warranties of the accuracy or completeness of information or the suitability of the information for any particular purpose. As a condition of use, the user covenants not to sue and agrees to waive and release the U.S. Green Building Council, its members, volunteers, and contractors from any and all claims, demands, and causes of action for any injuries, losses, or damages (including, without limitation, equitable relief) that the user may now or hereafter have a right to assert against such parties as a result of the use of, or reliance on, the LEED Rating System. U.S. Green Building Council 2101 L Street, NW Suite soo Washington, DC zoor TRADEMARKS USGBC', U.S. Green Building Counciland LEED 3' are registered trademarks of the U.S, Green Building Council. LEED 7009 FOR NEW CONS -I RUC IION AND MAJOR RENOVATIONS