HomeMy WebLinkAboutR29410 - Architctual Svcs for The Carlos Ortega VillasPALM DESERT REDEVELOPMENT AGENCY AND
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AUTHORIZATION TO NEGOTIATE AND FINALIZE A
PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES FOR THE CARLOS ORTEGA
VILLAS
SUBMITTED BY: Catherine Walker, Senior Management Analyst
CONTRACTOR
KTGY Group, Inc.
17922 Fitch Street
Irvine, CA 92614
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DATE:
CONTENTS
December 10, 2009
KTGY Proposal
Contract No. x29410
VERIFIED BY ���KJ rn-�IYI
Originai on fiie with City Ci�k's Office
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Recommendation
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v����=iED �Y. _i� cJ � � � rr�l
By Minute Motion: `�
Original on fie with Ciiy Cie 's flffi ;M�
1. Authorize staff to negotiate and finalize a Professional Services
Agreement with KTGY Group Inc. for architectural services for the Carlos
Ortega Villas;
2. Approve Contract No. x29410 substantially as to form; and
3. Authorize the Executive Director to approve and execute the Professional
Services Agreement in an amount not-to-exceed $785,000, plus
reimbursable expenses in an amount not to exceed $39,250. Funds are
available in the Palm Desert Housina Authoritv Capital Budqet for the
Carlos Orteaa Villas, Account No. 871-8691-466-4001.
Commission Recommendation
The Housing Commission will review the recommendation at its regular meeting of
December 9, 2009. Staff will provide a verbal report upon request at the Authority
Board.
Staff Report
Professional Services for the Carlos Ortega Vilas
December 10, 2009
Page 2 of 3
Executive Summary
Approval of staff's recommendation authorizes staff to negotiate an agreement for
professional architectural services in an amount not-to-exceed $785,000, plus an
additional amount not-to-exceed $39,250 for reimbursable expenses for the Carlos
Ortega Villas based on both qualifications and interviews conducted by staff and
members of the housing subcommittee. Approval of staff's recommendation will allow
the Executive Director to execute the final agreement.
Backqround
As part of the Fiscal Year 2009-2010 budget process, the Agency Board appropriated
funds for the design and construction of a 72-unit affordable senior rental housing
project known as the Carlos Ortega Villas. At the Country Village Study Session held
on September 14, 2007, the Agency Board requested that staff explore the possibility of
creating an affordable senior development on the site once known as Country Village.
Staff proceeded with site exploration, and at the Agency Board meeting of October 11,
2007, Interactive Design was awarded the professional services agreement to provide
schematic design services for the development of the Country Village site. The
schematic designs were vetted through the Housing Commission, the Housing Sub-
Committee, Architectural Review Committee, and the Development Services Staff
Committee. All reviewing entities approved the schematic design (including elevations),
building massing, and architectural elements.
On June 11, 2009, the Agency Board authorized the Palm Desert Redevelopment
Agency to solicit Statements of Qualifications and Fee Proposals from qualified
architects and architectural firms for the preliminary: design, engineering, landscape
design, and entitlements for the Carlos Ortega Villas. Design goals for the project are to
exceed current Title 24 standards for construction, achieve a minimum of LEED Silver
certification, and potentially achieve a goal of net zero energy usage.
Through the Request for Proposals (RFP) process, the Agency sought qualified
architectural firms to assist in taking the project from its current conceptual design
through preliminary design and entitlements for the project. The response was
extensive with 31 proposals received for consideration. Each of the responses received
from the firms was objectively evaluated on the basis of the qualifications of the firms
including: location, history of work experience on similar projects in size and nature,
responsiveness to the proposal, rates and estimated fees, special considerations
including experience with LEED, and sustainable "green" construction.
A committee of staff members from four departments participated in an objective review
process, evaluating all responses to the RFP, and recommended that the top four
ranked firms be invited to interview. The second portion of the review was based on
interviews specifically related to the firms' understanding of the conceptual project and
the process by which they would complete it. The interview panel consisted of
G\rda\Cathy Walker\Word Data\STAFF REPORTS\Staff RFP Arcitect Select�on doc
Staff Report
Professional Services for the Carlos Ortega Vilas
December 10, 2009
Page3of3
representatives from Planning, Redevelopment, Housing, and the Housing Sub-
Committee.
Based on the responses to the RFP and the interviews, staff recommends that the
Agency Board authorize staff to enter into. negations with KTGY Group Inc. This will
allow for finalization of the professional services agreement for architectural services for
the Carlos Oretga Villas, and allow the Executive Director to execute the contract in an
amount not-to-exceed $785,000. KTGY Group's proposed fee for services is well below
the current industry standard for a project of similar size and scope. An additional not-
to-exceed amount of $39,250 has been included for the provision of items such as any
additional renderings, or
reimbursable expenses
development.
Fiscal Analysis
copies of plans necessary to facilitate the bid process. The
will only be utilized as necessary during the project's
The Carlos Ortega Villas project was budgeted as part of Fiscal Year 2009-2010, the
cost of this contract has been taken into consideration within that budget. Therefore, the
budgeted cost of the project is the immediate fiscal impact; however, upon completion
of the entire project there will be the requirement to operate the property.
Submitted By:
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Catherine Walker, Sr. Management Analyst
�rtin Alvarez, Redevelopment Manager
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elopment an�4 Moore, Director of Housing
Paul S. Gibson, Director of Finance
Approval:
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John M. o muth, Executive Director
G\�da\Cathy Walker\Word Data\STAFF REPORTS\Staff RFP Arcitect Selection doc
Department Head:
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PALM DESERT REDEVELOPMENT AGENCY
AGREEMENT FOR ARCHITECTURAL SERVICES
PARTIES AND DATE.
This Agreement is made and entered into this day of , 2009, by
and between the PALM DESERT REDEVELOPMENT AGENCY, a public entity organized
under the laws of the State of California, with its principal place of business at 73510 Fred
Waring Drive, Palm Desert, CA ("Agency") and [INSERT NAME�, a[INSERT TYPE OF
BUSINESS; I.E., CORPORATION (INCLUDE STATE 8F INCORPORATION),
PARTNERSHIP, ETC.], with one or more architects licensed to practice in the State of
California and with its principal place of business at [INSERT AdDRESS] ("Architect"). Agency
and Architect are sometimes individually referred to herein as "P�rty" and collectively as
"Parties."
2. RECITALS.
2.1 Agency. Agency is a public redevelopment agency organized under the laws of
the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Architect. Architect desires to perform and assume responsibility for the
provision of certain professional architectural services required by the Agency on the terms and
conditions set forth in this Agreement. ArChiteC� warrants that it is fully licensed, qualified, and
willing to perform the services required by this Agr�eJ'�1ent; provided, however, that if Architect is
a corporation or other organization, the Project Archite� ctesignated pursuant to Section 3.2,
and not the Architect itself, shall be fully licensed to pracii�e as an architect in the State of
California.
2.3 Project. The proposed 72 unit affardable senior project to be known as "Country
Village" ("Project") as set forth in this Agreement. The proposed 4.8-acre development site is
located west of Washington Street and south of Avenue of the States situated next to
commercial distric�s, a private health care facility and provides for easy access to public
transport�tion. The uniis at'e a mix of two-story and single story units, including a manager's unit
and a s�parate structure tc� be utilized as a Resident Services Building. The Project includes on-
site improvements, such off-site improvements as are necessary to provide all required on-site
utilities, and �ff-site improvements in the public right way along Avenue of the States from
Washington Street to Califorr�ia Avenue. A schematic design has been developed and vetted
through the Ad-Hpc Housing Sub-Committee, Development Services Committee, and the
Architectural Review Cammission. The project must be designed to meet or exceed current Title
24 standards for construction, achieve a minimum of Silver L.E.E.D certification, and ultimately
achieve a net zero energy usage.
3. TERMS.
3.1 Employment of Architect.
3.1.1 Scope of Services. Architect promises and agrees to furnish to Agency
all labor, materials, tools, equipment, services, and incidental and customary work necessary to
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fully and adequately supply the professional architectural and related services necessary for the
full and adequate completion of the Project consistent with the provisions of this Agreement
(hereinafter referred to as "Services"). The Services are more particularly described throughout
this Agreement, including Exhibit "A" attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, any exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations. All Services performed by Architect shall be subject to the sole and
discretionary approval of the Agency, which approval shall not be unreasonably withheld.
3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to
[INSERT DATE], unless earlier terminated as provided herein. The Agency shall have the
unilateral option, at its sole discretion, to renew this Agreement automatically for no more than
[INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2 Project Architect; Key Personnel.
3.2.1 Proiect Architect. Architect shali n�ame �z specific person to act as Project
Architect, subject to the approval of Agency. Architect` hereby designates [INSERT NAME]
(License No. [INSERT NUMBER]) to act as the Project ArCftitect for the Project. The Project
Architect shall: (1) maintain oversight of the Services at all times; (2) have full authority to
represent and act on behalf of the Architect for all purposes undet� this Agreement; (3) supervise
and direct the Services using his or her best skill and attentior�; (4) be responsible for the
means, methods, techniques, sequences and procedures used for' the Services; (5) adequately
coordinate all portions of the Services; and (6) act as principal contact with Agency and all
contractors, consultants, engin�ers and inspectors on the Project. Any change in the Project
Architect shall be subject to the Agency's prior written approval, which approval shall not be
unreasonably withhelci. The new Project Architect shall be of at least equal competence as the
prior Project Architect. in the event that Agency and Architect cannot agree as to the
substitution of a new Project Archifect, Agency shall be entitled to terminate this Agreement for
cause.
3.2.2 Kev Personnel. !n addition to the Project Architect, Architect has
represented to the Agency that certain additional key personnel, engineers and consultants will
perform the Services under this Agreement. Should one or more of such personnel, engineers
or consultants become unavailable, Architect may substitute others of at least equal
competence upon written approval of the Agency. In the event that Agency and Architect
cannot agree as to the substitution of key personnel, engineers or consultants, Agency shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers
or consultants who fail or refuse to perform the Services in a manner acceptable to the Agency,
or who are determined by the Agency to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property,
shall be promptly removed from the Project by the Architect at the request of the Agency. The
key additional personnel, engineers and consultants for performance of this Agreement are as
follows: [INSERT NAMES AND LICENSE NUMBERS, IF APPLICABLE].
3.3 Hiring of Consultants and Personnel.
3.3.1 Riaht to Hire or Emplov. Architect shall have the option, unless Agency
objects in writing after notice, to employ at its expense architects, engineers, experts or other
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consultants qualified and licensed to render services in connection with the planning and/or
administration of the Project, and to delegate to them such duties as Architect may delegate
without relieving Architect from administrative or other responsibility under this Agreement.
Architect shall be responsible for the coordination and cooperation of Architect's architects,
engineers, experts or other consultants. Architect shall notify Agency of the identity of all
consultants in sufficient time prior to their commencement of work to allow Agency to review
their qualifications and object to their participation on the Project if necessary.
3.3.2 Qualification and License. All architects, engineers, experts and other
consultants retained by Architect in performance of this Agreement shall be qualified to perform
the Services assigned to them, and shall be licensed to practice in #heir respective professions,
where required by law.
3.3.3 Standards and Insurance. All archite�ts, engin�ers, experts and other
consultants hired by Architect shall be required to meet the same standards and insurance
requirements set forth in this Agreement, unless other standards or requirern�nts are approved
by the Agency in writing. Unless changes are approved in writing by the Agency, Architect's
agreements with its consultants shall contain a provision making them subject tr� a(I provisions
stipulated in this Agreement.
3.3.4 Assianments or Staff Chanaes. Architect shall promptly obtain written
Agency approval of any assignment, reassignment or replacement of such architects,
engineers, experts and consultants, or of pther staff changes of key personnel working on the
Project. As provided in the Agreement, any changes in Architect's consultants and staff shall be
subject to approval by Agency.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall
be retained by Architect at Architect's sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Architect shall perform all Services under this
Agreemeni in a skillful and competent manner, consistent with the standards generally
recogniz�d as being employed by professionals qualified to perform the Services in the same
discipline in the State of Califc�rnia, and shall be fully responsible to Agency for any damages to
Agency ant[. ,delays to thc� Project as specified in the indemnification provision of this
Agreement: �tithout limiting .the foregoing, Architect shall be fully responsible to the Agency for
any increased t�sts incurred by the Agency as a result of any such delays in the design or
construction of the Project. Architect represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Architect warrants that all of its
employees, architects, engineers, experts and other consultants shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Architect represents that it, its
employees, architects, engineers, experts and other consultants have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services
assigned to or rendered by them and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions of this
Agreement, Architect shall perform, at its own cost and expense and without reimbursement
from the Agency, any services necessary to correct errors or omissions which are caused by the
Architect's failure to comply with the standard of care provided for herein.
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3.4.2 Performance of Emplovees. Any employee or consultant who is
determined by the Agency to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee or
consultant who fails or refuses to perform the Services in a manner acceptable to the Agency,
shall be promptly removed from the Project by the Architect and shall not be re-employed to
perform any of the Services or to work on the Project.
3.5 Laws and Regulations.
3.5.1 Knowledqe and Compliance. Architect shall keep itself fully informed of
and in compliance with all applicable local, state and federal law�, rules and regulations in any
manner affecting the performance of the Services or the Pro�ecf, and shall give all notices
required of the Architect by law. Architect shall be liable, pursu�nt to the indemnification
provision of this Agreement, for all violations of such laws and regulations in connection with its
Services. If the Architect performs any work knowing it to be contrary ta such laws, rules and
regulations and without giving written notice to the Agency, Architect shall be solely responsible
for all costs arising there from. Architect shall defend, indemnify and hold Ag�ncy, its officials,
officers, employees and agents free and harmless, pursuant to the indemnificatiar� provisions of
this Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.5.2 Drawinas and Snecifications. Architect shall cause all drawings and
specifications to conform to any applicable r�qtJirements of federal, state and local laws, rules
and regulations, including the Uniform Building Cflde, in effect as of the time the drawings and
specifications are prepared or revised during the late,st phase of the Services described in
Exhibit "A" attached hereto. Any significant revisic�r�s made necessary by changes in such laws,
rules and regulations after this time may be ct�mpensated as Additional Services. Architect
shall cause the necessary copies of such drawings and specifications to be filed with any
governmental bodies with approval jurisdiction ov�C the Project, in accordance with the Services
described in Exhibit "A" attached hereto.
3.�i,3 Americans with Disabilities Act. Architect will use its best professional
efforts to ir�terpret �(I �pplicable federal, state and local laws, rules and regulations with respect
to access, including those t�f the Americans with Disabilities Act ("ADA"). Architect shall inform
Agency vf its interpretatiarts' of inconsistencies of which it is aware or reasonably should be
aware befirtr��n federal and �tate accessibility laws, rules and regulations, as well as any other
issues which ar� subject to conflicting interpretations of the law. Unless Architect brings such
inconsistencies �and conflictirtg interpretations to the attention of the Agency and requests
Agency's direction t�n how ta proceed, the Architect's interpretation of such inconsistencies and
conflicting interpretafions shall be the sole responsibility and liability of Architect, and the
Architect shall correct �11 plans, specifications and other documents prepared for the Project at
no additional cost if its interpretations are shown to be incorrect. If Architect brings such
inconsistencies and conflicting interpretations to the attention of the Agency and request's
Agency's direction on how to proceed, Architect shall be responsible to the Agency only
pursuant to the indemnification provision of this Agreement.
3.5.4 Permits, Approvals and Authorizations. Architect shall provide Agency
with a list of all permits, approvals or other authorizations required for the Project from all
federal, state or local governmental bodies with approval jurisdiction over the Project. Architect
shall then assist the Agency in obtaining all such permits, approvals and other authorizations.
The costs of such permits, approvals and other authorizations shall be paid by the Agency.
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3.6 Independent Contractor.
3.6.1 Control and Pavment of Subordinates. Agency retains Architect on an
independent contractor basis and Architect is not an employee of Agency. Architect is not an
employee for state tax, federal tax or any other purpose, and is not entitled to the rights or
benefits afforded to Agency's employees. Any additional personnel performing the Services
under this Agreement on behalf of Architect shall also not be employees of Agency, and shall at
all times be under Architect's exclusive direction and control. Architect shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of
Services under this Agreement and as required by law. Architect shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, disability insurance, and
workers' compensation insurance.
3.7 Schedule of Services.
3.7.1 Timelv Performance Standard. Architect shall perform all Services
hereunder as expeditiously as is consistent with profession�t! skill and care, as well as the
orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in
the completion of the Project or in the achievement of'�r�y Project milestones, as provided
herein. Specifically, Architect shall perform its Services so �� to allow for the full and adequate
completion of the Project within the time required by the Agen�y and within any completion
schedules adopted for the Project. Architect agrees to cc�pJ�dinate with Agency's staff,
contractors and consultants in the performance of the Services, and shall be available to
Agency's staff, contractors and consultants at all reasonable times.
3.7.2 Perform�t�ce Schedule. Architect shall complete all work in accordance
with the milestones sp+�ified in Exhibit "D" Schedule of Performance. The schedule shall not be
exceeded by Architect without the �rior written approval of Agency. If the Architect's Services
are not completed withiri the time provided in Exhibit "D" the agreed upon performance
schedule, or any milestones established therein, it is understood, acknowledged and agreed
that the Agency will suffer dam�ge for which fihe Architect will be responsible pursuant to the
indemnification provision of this Agt'eement.
3.7.3 Excusable Defays. Any delays in Architect's work caused by the following
shall be added to the time for compfetion of any obligations of Architect: (1) the actions of
Agency or its employees; (2) the actions of those in direct contractual relationship with Agency;
(3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions
of any parties not within the reasonable control of the Architect; and (5) any act of God or other
unforeseen occurrence not due to any fault or negligence on the part of Architect. Neither the
Agency nor the Architect shall be liable for damages, liquidated or otherwise, to the other on
account of such delays.
3.7.4 Repuest for Excusable Delav Credit. The Architect shall, within thirty (30)
calendar days of the beginning of any excusable delay (unless Agency grants in writing a further
period of time to file such notice prior to the date of final payment under the Agreement), notify
the Agency in writing of the causes of delay. Agency will then ascertain the facts and the extent
of the delay, and grant an extension of time for completing the Services when, in its sole
judgment, the findings of fact justify such an extension. The Agency's findings of fact thereon
shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of
the Services affected by the delay and shall not apply to other portions of the Services not so
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affected. The sole remedy of Architect for extensions of time shall be an extension of the
performance time at no cost to the Agency. If Additional Services are required as a result of an
excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services
provision of this Agreement. Should Architect make an application for an extension of time,
Architect shall submit evidence that the insurance policies required by this Agreement remain in
effect during the requested additional period of time.
3.8 Additional Architect Services.
3.8.1 Reauest for Services. At Agency's request, Architect may be asked to
perform services not otherwise included in this Agreem�nt, not included within the basic
services listed in Exhibit "A" attached hereto, and/or not customarily furnished in accordance
with generally accepted architectural practice.
3.8.2 Definition. As used herein, "Additional Services" mean: (1) any work
which is determined by Agency to be necessary for the proper completion of th�; Project, but
which the parties did not reasonably anticipate would be necessary for the Architect to perform
at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit "A"
attached hereto. Architect shall not perform, nor be compensated for, Additional Services
without prior written authorization from At�ency and without an agreement between the Agency
and Architect as to the compensation to k�� p�id for such services. Agency shall pay Architect
for any approved Additional Services, pursuant tc� 'fhe compensation provisions herein, so long
as such services are not made necessary through the fault of Architect pursuant to the
indemnification provision of this Agreement.
3.8.3 Examples of Additional Services. Such Additional Services shall not
include any redesign or revisions to drawings, specifications or other documents when such
revisions are necessary in order to bring such documents into compliance with applicable laws,
rules, regulations or codes of which Architect was aware or should have been aware pursuant to
the laws and r�gul�tions provision of this Agreement above. Such Additional Services may
include, bui shall not be �imited to:
3.8.3,'[ Seqaratelv Bid Portions of Proiect. Plan preparation and/or
administratipn of work on porfiipns of the Project separately bid.
3.8.3.2 Furniture and Interior Desiqn. Assistance to Agency, if
requested, for the $election vf moveable furniture, equipment or articles which are not included
in the Construction DpCuments.
3.8.3.3 Fault of Contractor. Services caused by delinquency, default or
insolvency of contractor, or by major defects in the work of the contractor, provided that any
such services made necessary by the failure of Architect to detect and report such matters
when it reasonably should have done so shall not be compensated.
3.8.3.4 Inconsistent Approvals or Instructions. Revisions in drawings,
specifications or other documents when such revisions are inconsistent with written approvals or
instructions previously given and are due to causes beyond the control of Architect.
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3.8.3.5 Leqal Proceedinas. Serving as an expert witness on Agency's
behalf or attending legal proceedings to which the Architect is not a party.
3.8.3.6 Damaqe Reqair. Supervision of repair of damages to any
structure.
3.8.3.7 Extra Environmental Services,. Additional work required for
environmental conditions (e.g. asbestos or site conditions) not already contemplated within the
Architect's services for the Project.
3.9 Agency Responsibilities. Agency's responsibilities shall inClude the following:
3.9.1 Data and Information. Agency shal! make �vailable to Architect all
necessary data and information concerning the purpose and requirements of the Project,
including scheduling and budget limitations, objectives, constraints and Criteria. As part of the
budget limitation information, the Agency shall provide the Architect with a preliminary
construction budget ("Agency's Preliminary Construction Budget").
3.9.2 ALTA Survev. Agency shall furnish Architect with, or diract Architect to
procure at Agency's expense, a survey of the Project site prepared by a registered surveyor or
civil engineer, any other record documents which shall indicate existing structures, land
features, improvements, sewer, water, g�s, slectrical, utility lines, and boundary dimensions of
the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construciian Documents to bidders and conduct
the opening and review of bids for the Project.
3.9.4 Reauired Inspections and iests,. Retain consultant(s) during construction
to conduct materials testing and inspection or environmental/hazardous materials testing and
inspection pursuant to any applicable laws, rules or regulations.
3.9.5 Fees of Reviewina or Licensinq Aaencies. Directly pay or reimburse the
payment of all fees required by any reviewing or licensing agency, or other agency having
approval jurisdiction over the Proiect.
3.9.6 Aaencv's Reqresentative. The Agency hereby designates the Agency
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("Agency's Representative"). Agency's Representative shall have the power to act
on behalf of the Agency for all purposes under this Contract. The Agency Manager hereby
designates [INSERT NAME AND TITLE], or his or her designee, as the Agency's contact for
the implementation of the Services hereunder. Contractor shall not accept direction or orders
from any person other than the Agency's Representative or his or her designee.
3.9.7 Review and Aaproved Documents. Review all documents submitted by
Architect, including change orders and other matters requiring approval by the Agency's
governing board or other officials. Agency shall advise Architect of decisions pertaining to such
documents within a reasonable time after submission, so as not to cause unreasonable delay as
provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
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3.10.1 ArchitecYs Compensation for Basic Services. Agency shall pay to
Architect, for the performance of all Services rendered under this Agreement, the total not to
exceed amount of [INSERT WRITTEN AMOUNT] Dollars ($[INSERT NUMERICAL AMOUNT])
("Total Compensation"). The Total Compensation shall constitute complete and adequate
payment for Services under this Agreement.
3.10.2 Pavment for Additional Services. At any time during the term of this
Agreement, Agency may request that Architect perform Additional Services. As used herein,
Additional Services means any work which is determined by Agency to be necessary for the
proper completion of the Project, but which the Parties did not reasonably anticipate would be
necessary at the execution of this Agreement. If authorized, such Additional Services will be
compensated at the rates and in the manner set forth in Exhibit "C" attached hereto and
incorporated herein by reference, unless a flat rate or some other form of compensation is
mutually agreed upon by the parties. If Agency requires Architect to hire consultants to perform
any Additional Services, Architect shall be compensated therefore at the rates and in the
manner set forth in Exhibit "C" attached hereto and ineorporated herein by reference, unless a
flat rate or some other form of compensation is mutually agreed upon by the parties. Agency
shall have the authority to review and approve fhe r�tes of any such consultants. In addition,
Architect shall be reimbursed for any expenses incurr�d by �u�h� consultants pursuant to the
terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursat�le expenses are in addition to
compensation for the Services and Additional Services. ArchifeCt shall not be reimbursed for
any expenses unless authorized in writing by Agency, which ap�rroval may be evidenced by
inclusion in Exhibit "C" attached hereto. Such reimbursable expenses shall include only those
expenses which are reasonably and necessarily incurred by Architect in the interest of the
Project. Architect shall be rec�wired to acquire prior written consent in order to obtain
reimbursement for t�he' followir�g, (1) extraordinary transportation expenses incurred in
connection with the Project; (2) out-of-town travel expenses incurred in connection with the
Project; (3) fees paid for securing �pproval of authorities having jurisdiction over the Project; (4)
bid document duplication costs in exCess of $1,Q40; and (5) other costs, fees and expenses in
excess of $1,000.
3.10.4 Pavment to �r�hitect. Architect's compensation and reimbursable
expenses shall be paid by Agency to Architect no more often than monthly. Such periodic
payments shall be made based upon the percentage of work completed, and in accordance with
the phasing and funding schedule provided in Exhibit "B" and the compensation rates indicated
in Exhibit "C" attached hereto and incorporated herein by reference. In order to receive
payment, Architect shall present to Agency an itemized statement which indicates Services
performed, percentage of Services completed, method for computing the amount payable, and
the amount to be paid. The statement shall describe the amount of Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement, as well as those expenses for which reimbursement is
requested for that statement period. The amount paid to Architect shall never exceed the
percentage amounts authorized by the phasing and funding schedule located in Exhibit "B"
attached hereto. Agency shall, within thirty (30) days of receiving such statement, review the
statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable
manner.
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Payments made for Additional Services shall be made in installments, not more
often than monthly, proportionate to the degree of completion of such services or in such other
manner as the parties shall specify when such services are agreed upon, and in accordance
with any authorized fee or rate schedule. In order to receive payment, Architect shall present to
Agency an itemized statement which indicates the Additional Services performed, percentage of
Additional Services completed, method for computing the amount payable, and the amount to
be paid. The statement shall describe the amount of Additional Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Agency shall, within thirty (30) days of receiving such
statement, review the statement and pay all approved charges thereon pursuant to the
provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a
mutually agreeable manner.
Upon cancellation or termination of this Agreement, Architect shall be
compensated as set forth in the termination provision herein.
3.10.5 Withholdinq Pavment to Architect. The Agency may withht�Id payment, in
whole or in part, to the extent reasonably necessary to protect the Agency �rom damage.
Failure by Agency to deduct any sums from a progress payment shall not constitute a waiver of
the Agency's right to such sums. The Agency may keep any moneys which would otherwise be
payable at any time hereunder and apply the same, or so much as may be necessary therefor,
to the payment of any expenses, losses, ttC damages as determined by the Agency, incurred by
the Agency for which Architect is liable ur�der the Agreement or state law. For instance, the
Agency may withhold payment, in whole trr in p�r�, to such extent as may be necessary to
protect the Agency from loss because of acts or omissit�r�s protected under the indemnification
provisions of this Agreement. Payments to the Architect fot� compensation and reimbursable
expenses due shall not be contingent on the coCtstruction, cdmpletion or ultimate success of the
Project. Payment to the Architect shall not be'v�ithheld, postponed, or made contingent upon
receipt by the Agency of offsetting reimbursement or credit from parties not within the Architect's
reasonable control.
�,'[t�,6 Prevailina Waaes. Architect is aware of the requirements of California
Labor C4de Sections 9720, et se�c ., and 1770, et seg., as well as California Code of
Regulatit�ns, Title 8, Sectit�n 16000, et seg., ("Prevailing Wage Laws"), which require the
payment c�f prevailing wage rates and the performance of other requirements on certain "public
works" and�"t�naintenance° prc��ects. If the Services are being performed as part of an applicable
"public works" t�r "maintenan�e" project, as defined by the Prevailing Wage Laws, and if the
total compensatis�n is $1,OOQ or more, Architect agrees to fully comply with and to require its
consultants to fully comply with such Prevailing Wage Laws, as applicable. Agency shall
provide Architect with a�opy of the prevailing rates of per diem wages in effect at the
commencement of thi� Agreement. Architect shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Architect's principal
place of business and at the Project site. Architect shall defend, indemnify and hold the
Agency, its elected officials, officers, employees and agents free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Architect
or its consultants to comply with the Prevailing Wage Laws.
3.11 Notice to Proceed. Architect shall not proceed with performance of any
Services under this Agreement unless and until the Agency provides a written notice to proceed.
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3.12 Termination, Suspension and Abandonment.
3.12.1 Aqencv's Termination for Convenience: ArchitecYs Termination for
Cause. Agency hereby reserves the right to suspend or abandon, at any time and for any
reason, all or any portion of the Project and the construction work thereon, or to terminate this
Agreement at any time with or without cause. Architect shall be provided with at least seven (7)
days advanced written notice of such suspension, abandonment or termination. In the event of
such suspension, abandonment or termination, Architect shall be paid for Services and
reimbursable expenses rendered up to the date of such suspension, abandonment or
termination, pursuant to the schedule of payments provided for in thi� Agreement, less any
claims against or damages suffered by Agency as a result of the default, if any, by Architect.
Architect hereby expressly waives any and all claims for dam�g�s or compensation arising
under this Agreement, except as set forth herein, in #he ev�rlt of such suspension,
abandonment or termination. Architect may terminate this Agreemenf for substantial breach of
performance by the Agency, such as failure to make payment to ArchiteGi as provided in this
Agreement.
3.12.2 Aqencv's Susqension of Work. If Architect's Services ar� suspended by
Agency, Agency may require Architect to resume such Services within ninety �90) days after
written notice from Agency. When the Project is resumed, the Total Compensation and
schedule of Services shall be equitably adjusted upon mutual agreement of the Agency and
Architect.
3.12.3 Documents and Oiher C3at�. Upon suspension, abandonment or
termination, Architect shall provide to Ag�;ncy �lI preliminary studies, sketches, working
drawings, specifications, computations, and alI other matters tc� which Agency would have been
entitled at the completio�t� �if A�rchitect's Services under this Agreement. Upon payment of the
amount required to be �aid to ArChitect following the termination of this Agreement, Agency
shall have the rights, 2�� provided irt this Agreemer�t hereinafter, to use any completed contract
documents or other work product prepared by Architect under this Agreement. Architect shall
make such documents availr�ble #a A�ency upon request and without additional compensation
other than as may be approved �s a reimburs�ble expense.
3.12.4 Emplovment ofi other Architects. In the event this Agreement is
terminated in whole or in part as provided herein, Agency may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible
transparencies of working drawings and master plans, preliminary sketches, architectural
presentation drawings, structural computations, estimates and any other documents prepared
pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in
any tangible medium of expression such as writings, physical drawings and data magnetically or
otherwise recorded on computer diskettes (hereinafter referred to as the "Project Documents")
shall be and remain the property of Agency. Although the official copyright in all Project
Documents shall remain with the Architect or other applicable subcontractors or consultants, the
Project Documents shall be the property of Agency whether or not the work for which they were
made is executed or completed.
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3.13.2 Riqht to Use. Architect grants to Agency the right to use and reuse all or
part of the Project Documents, at Agency's sole discretion with no additional compensation to
Architect, for the construction of all or part of this Project. Agency is not bound by this
Agreement to employ the services of Architect in the event such documents are used or reused.
Agency shall be able to use or reuse the Project Documents for their intended purposes or to
otherwise complete this Project, if necessary, without risk of liability to the Agency. However,
any use or reuse by Agency of the Project Documents on any project other than this Project
without employing the services of Architect shall be at Agency's own risk. If Agency uses or
reuses the Project Documents on any project other than this Project, it shall remove the
Architect's seal from the Project Documents and indemnify and hold harmless Architect and its
officers, directors, agents and employees from claims arising out of the negligent use or re-use
of the Project Documents on such other project.
3.13.3 License. This Agreement creates a non-exclusive and perpetual license
for Agency to copy, use, modify or reuse any and all Project Documents and any intellectual
property rights therein. Architect shall require any and all subcontractors and consultants to
agree in writing that Agency is granted a non-exc(usive and perpetual license for the work of
such subcontractors or consultants performed pursu�t�� to this Agreement.
3.13.4 Riqht to License. Architect represet�tS �nd warrants that Architect has the
legal right to license any and all copyrights, designs and other intellectual property embodied in
the Project Documents that Architect prepares or causes tv be prepared pursuant to this
Agreement. Architect shall indemnify and hold Agency harmless pursuant to the indemnification
provisions of this Agreement for any breach of this Section. Architect makes no such
representation and warranty in regard to previously prepared designs, plans, specifications,
studies, drawings, estimates or other documents that were prepared by design professionals
other than Architect and pt�c�vided io Architect by Agency.
3.13,5 Cc�nfidentiali#v. All Project Documents, either created by or provided to
Architect in connection with the performance of this Agreement, shall be held confidential by
Architect to the extent they are nof subj�3Gt ta disclosure pursuant to the Public Records Act. All
Project Documents shall not, without the wr�tfen consent of Agency, be used or reproduced by
Architect for any purposes other ihan the performance of the Services. Architect shall not
disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not
connected with the performance of th� Services or the Project. Nothing furnished to Architect
which is otherwise known to Architect or is generally known, or has become known, to the
related industry shall be deemed confidential. Architect shall not use Agency's name or
insignia, photographs of the Project, or any public Agency pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other similar
medium without the written consent of Agency.
3.14 Indemnification.
3.14.1 Scope of Indemnitv. To the fullest extent permitted by law, Architect shall
defend, indemnify and hold the Agency, its directors, officials, o�cers, employees, volunteers
and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, in any manner arising out of, pertaining to, or incident to any acts,
errors or omissions of Architect, its officials, officers, employees, subcontractors, consultants or
agents in connection with the performance of the Architect's Services, the Project or this
Agreement, including without limitation the payment of all consequential damages, expert
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witness fees and attorneys fees and other related costs and expenses. Notwithstanding the
foregoing, to the extent Architect's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Architect.
3.14.2 Additional Indemnitv Obliaations. Architect shall defend, with counsel of
Agency's choosing and at Architect's own cost, expense and risk, any and all claims, suits,
actions or other proceedings of every kind covered by Section 3.14.1 that may be brought or
instituted against Agency or its directors, officials, officers, employees, volunteers and agents.
Architect shall pay and satisfy any judgment, award or decree t#�at may be rendered against
Agency or its directors, officials, o�cers, employees, volunteers and agents as part of any such
claim, suit, action or other proceeding. Architect shall also reimburse Agency for the cost of any
settlement paid by Agency or its directors, officials, officers, employees, �gents or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbur�ement shall include
payment for Agency's attorney's fees and costs, including expert witness f�es. Architect shall
reimburse Agency and its directors, officials, officers, employees, agents, and/c�r volunteers, for
any and all legal expenses and costs incurred by each of them in connection t�erewith or in
enforcing the indemnity herein provided. Architect's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the Agency, its directors, officials officers,
employees, agents, or volunteers.
3.15 Insurance.
3.15.1 Time for Compliance. Architect Stt�ll not commence work under this
Agreement until it has provided evidence s�#isf�ctory fo the Agency that it has secured all
insurance required under this section. In additian, Architect shall not allow any subconsultant to
commence work on any subcontract until it has provided evidence satisfactory to the Agency
that the subconsultant has secured all insurance �equired under this section.
3.15.2 Tvpes of Insurance Reauired. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions s�f the Agreement, the Architect, in partial performance of its obligations
under sueh Agreement, shail procure and maintain in full force and effect during the term of the
Agreem�rtt the following pc�li�ies of insurance. If the existing policies do not meet the insurance
requiremer��s set forth hereir�, Architect agrees to amend, supplement or endorse the policies to
do so.
(a) Commercial General Liability: Commercial General Liability
Insurance which affords cpverage at least as broad as Insurance Services Office "occurrence"
form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence
and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition
to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1)
contractual liability; (2) cross liability exclusion for claims or suits by one insured against
another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance
with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any
Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence.
[***NOTE: If Architect does not own any company vehicles or may not be able to
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purchase a Business Automobile Insurance Policy, the requirement may be satisfied by
providing either of the following: (1) a Personal Automobile Liability policy for the Architect's
own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000
each accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy
if Architect uses vehicles of others (e.g., vehicles of employees).
(c) Workers' Compensation: Workers' Compensation Insurance, as
required by the State of California and Employer's Liability Insurance with a limit of not less than
$1,000,000 per accident for bodily injury and disease.
(d) Professional Liability: Profession�f Liability insurance with
minimum limits of $1,000,000. Covered professional services shall specifically include all work
to be performed under the Agreement If coverage is written on r� claims-made basis, the
retroactive date shall precede the effective date of the irtitial Agreement and continuous
coverage will be maintained or an extended reporting period will be exercised for a period of at
least three (3) years from termination or expiration of this Agreement.
3.15.3 Endorsements. Required insurance policies shall not be �rf Compliance if
they include any limiting provision or endorsement that has not been submitted to the Agency
for approval.
(A) The policy or policies of insurance required by Section 3.15.2(a),
Commercial General Liability, shall be endorsed to provide the following:
(1) Additional Insured: The Agency, its officials, officers,
employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or
claims arising out of the performance of the Agreement.
(2) Additional Insured Endorsements shall be approved
before contract is executed.
(3j Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the
Agency except ten (10) days shall be allowed for non-
payment of premium.
(B) The policy or policies of insurance required by Section 3.15.2(b)
Automobile Liability, and Section 3.15.2(d) Professional Liability, shall be endorsed to provide
the following:
(1) Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the
Agency except ten (10) days shall be allowed for non-
payment of premium.
(C) The policy or policies of insurance required by Section 3.15.2(c),
Workers' Compensation, shall be endorsed to provide the following:
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(1) Waiver of Subrogation: A waiver of subrogation stating
that the insurer waives all rights of subrogation against the
indemnified parties.
(2) Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day
written notice of cancellation has been served upon the
Agency except ten (10) days shall be allowed for non-
payment of premium.
3.15.4 Primary and Non-Contributina Insurance. All insurance coverages shall
be primary and any other insurance, deductible, or self-insurance maintained by the indemnified
parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to
contain such provisions.
3.15.5 Waiver of Subroaation. Requi�-ed insurance coverages shall not prohibit
Architect from waiving the right of subrogation prior to a loss. Architect shall waive all
subrogation rights against the indemnified parties: Policies shall contain or be endorsed to
contain such provisions.
3.15.6 Deductible. Any deductible or self-irt�ured retention must be approved in
writing by the Agency and shall protect the indemnified parties in the same manner and to the
same extent as they would have been protected had the policy or policies not contained a
deductible or self-insured retention.
3.15.7 Evidence of Insurance. The Architect, concurrently with the execution of
the Agreement, and as a ec��cii�ic�n precedent to the effectiveness thereof, shall deliver either
certified copies of the required �c�licies, or original certificates and endorsements on forms
approved by the Agency. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by ihat insurer to bind coverage on its behalf. At least fifteen (15
days) prior to the expiratic�Ct of ar►y �uch policy, evidence of insurance showing that such
insurance coverage has beert renewed or extended shall be filed with the Agency. If such
coverage is cancelled or reduced, Architect shall, within ten (10) days after receipt of written
notice of such cancellation or reduat[on of coverage, file with the Agency evidence of insurance
showing that the required insurance �tas been reinstated or has been provided through another
insurance company or companies.
3.15.8 Failure to Maintain Coveraae. Architect agrees to suspend and cease all
operations hereunder during such period of time as the required insurance coverage is not in
effect and evidence of insurance has not been furnished to the Agency. The Agency shall have
the right to withhold any payment due Architect until Architect has fully complied with the
insurance provisions of this Agreement. In the event that the Architect's operations are
suspended for failure to maintain required insurance coverage, the Architect shall not be entitled
to an extension of time for completion of the Services because of production lost during
suspension.
3.15.9 Acceptabilitv of Insurers.
3.15.10 Insurance for Subconsultants. All Subconsultants shall be
included as additional insureds under the Architect's policies, or the Architect shall be
responsible for causing Subconsultants to purchase the appropriate insurance in compliance
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with the terms of these Insurance Requirements, including adding the Agency as an Additional
Insured to the Subconsultant's policies. Architect shall provide to Agency satisfactory evidence
as required under Section 3.2.10.1 of this Agreement.
3.16 Records. Architect shall maintain complete and accurate records with respect to
all costs and expenses incurred under this Agreement. All such records shall be clearly
identifiable. Architect shall allow a representative of Agency during normal business hours to
examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Architect shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement fpr a period of five (5) years
from the date of final payment under this Agreement.
3.17 Standardized Manufactured Items. Architec# shall cc�aperate and consult with
Agency in the use and selection of manufactured items on the Project, i�tcluding but not limited
to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials
and floor coverings. All such manufactured items shall be standardized to Agency's criteria to
the extent such criteria do not interfere with building design.
3.18 Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above and as determined at the time the schematic
drawings and site utilization plans are approved. Any subsequent construction at the site of the
Project, or at any other Agency site, wil} be covered by, and be the subject of, a separate
Agreement for architectural services betwe�tt Agency and the architect chosen therefor by
Agency.
3.19 Mediation. Disputes arising from this Agreemer�# may be submitted to mediation
if mutually agreeable to the parties hereto. The type and process of inediation to be utilized
shall be subject to the mutual agreement of the p,�rties.
3.20 Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns of each
party to this Agreem�nt. However, Architect shall not assign or transfer by operation of law or
otherwise �ny or ail of it5 rights, burdens, duties or obligations without the prior written consent
of Age�+Cy. Any attempted �ssignment without such consent shall be invalid and void.
3.2'� . Asbestos Certification. Architect shall certify to Agency, in writing and under
penalty of perjury, that to the best of its knowledge, information and belief no asbestos-
containing material or othet� material deemed to be hazardous by the state or federal
government was specified as a building material in any construction document that the Architect
prepares for the Project. Architect shall require all consultants who prepare any other
documents for the Project to submit the same written certification. Architect shall also assist the
Agency in ensuring that contractors provide Agency with certification, in writing and under
penalty of perjury, that to the best of their knowledge, information and belief no material
furnished, installed or incorporated into the Project contains asbestos or any other material
deemed to be hazardous by the state or federal government. These certifications shall be part
of the final Project submittal. Architect shall include statements in its specifications that
materials containing asbestos or any other material deemed to be hazardous by the state or
federal government are not to be included.
3.22 No Third Party Rights. This Agreement shall not create any rights in, or inure to
the benefits of, any third party except as expressly provided herein.
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3.23 Governing Law. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of California. Venue shall be in Riverside County.
3.24 Entire Agreement. This Agreement, with its exhibits, contains the entire
agreement of the parties hereto, and supersedes any and all other prior or contemporaneous
negotiations, understandings and oral or written agreements between the parties hereto. Each
party acknowledges that no representations, inducements, promises or agreements have been
made by any person which are not incorporated herein, and that any other agreements shall be
void. Furthermore, any modification of this Agreement shall only be effective if in writing signed
by all parties hereto.
3.25 Severability. Should any provision in the Agreetnent be held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall
continue in full force and effect.
3.26 Non-Waiver. None of the provisions, of this Agreement sh�U be considered
waived by either party, unless such waiver is specific�lly specified in writing.
3.27 Safety. Architect shall execute and r'rt�it�tain its wc�rk so as to avoid injury or
damage to any person or property. In carrying out its Servi!ces, the Architect shall at all times be
in compliance with all applicable local, state and federal Iaws, rules and regulations, and shall
exercise all necessary precautions for the safety of its employees, consultant and
subcontractors appropriate to the nature of the work and the conditions under which the work is
to be performed.
3.28 Harassment Policy. Architect shall provide a copy of the Agency's Harassment
Policy to each of its em�lc�y��5,�ssigned to perform the tasks under this Agreement. Architect
shall submit to the Agency's P�rst�t�nel Manager a statement signed by each of its employees
who are assigned tc� p�rform the Services under this Agreement certifying receipt of Agency's
Harassment Policy and ""ce�tifying "that they have read the Harassment Policy. A finding by the
Agency that any of Archit�'�s employees has harassed a Agency employee shall be grounds
for appropriate discipline, up fo snd including 5uch employee's removal from performance of this
Agreement at Agency's request.
3.29 Delivery of Notices. AI( notices permitted or required under this Agreement
shall be given to the respective partiss at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Architect:
Agency:
[INSERT BUSINESS NAME)
[INSERT ADDRESS]
[{NSERT AGENCY STATE AND ZIP]
Attn: [INSERT NAME AND TITLEj
Palm Desert Redevelopment Agency
73510 Fred Waring Drive
Palm Desert, CA 92260-2524
Attn: [INSERT NAME AND TITLE]
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Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed
to the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.30 Attorney's Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney's fees and all other reasonable costs of such action, including expert
witness fees and expenses.
3.31 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.32 Agency's Right to Employ Other Consultants. Agency reserves right to
employ other consultants, including Architects, in connection with this Project or other projects.
3.33 Prohibited Interests.
3.33.1 Solicitation. Architect maintains �nd warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Architect, to solicit or secure this Agreement. Further, Archite� warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona �de �mployee working solely for
Architect, any fee, commission, percentage, brokerage fee, gif't or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, Agency shall have the right to rescind this Agreement without liability.
3.33.2 Ct�nflict of lttterest. For the term of this Agreement, no director, official,
officer or employee c�f Agency, dul�it�g the term of his or her service with Agency, shall have any
direct interest in this Agt'�ement, t�r obtain any present or anticipated material benefit arising
therefrom.
3.34 Equal Opportun�ty Employment. Architect represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religiort, color, national origin, ancestry, sex, age or any other
classification protected by federal or state law. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Architect shall also comply with all relevant
provisions of Agency's minority business enterprise program, affirmative action plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.35 Labor Certification. By its signature hereunder, Architect certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.36 Subcontracting. As specified in this Agreement, Architect shall not subcontract
any portion of the Services required by this Agreement, except as expressly stated herein,
without prior written approval of Agency. Subcontracts, if any, shall contain a provision making
them subject to each and every provision of this Agreement.
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3.37 Supplemental Conditions. Any supplemental conditions shall be attached as
an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
PALM DESERT REDEVELOPMENT AGENCY
By:
Name:
Title:
Attest:
�
[INSERT NAME]
[INSERT TITLE]
[INSERT NAME OF ARCHITECT]
�'J
[INSERT NAME AND TITLE]
[If Corporation, TWO SIGNATURES, President OR Vice
President AND Secretary qR Treasurer REQUIRED]
�
[INSERT NAME �IND TITLE]
Approved as to Form:
�
Best Best & Krieger LLP
Attorney for the Agency
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EXHIBIT "A"
ARCHITECT'S SCOPE OF SERVICES
GENERAL REQUIREMENTS.
1.1 Basic Services. Architect agrees to perform all the necessary professional
architectural, landscape architectural, engineering (e.g. mechanical, electrical, plumbing,
structural, geotechnical, site engineering, and any other necessary engineering services
mutually agreeable to the parties) and construction administration services for the Project in a
timely and professional manner, consistent with the standards of the profession, including those
provided for herein.
1.2 Exclusions from Basic Services. The following services shall be excluded
from the basic services listed above: hazardous wast� or toxic substances engineering or other
services.]
1.3 Additional Services. Architect shall perform the following Additional Services
for the Project:
1.3.1 Testing. Retain consultant(s) during the design phases to conduct chemical,
mechanical, soils, geological or other tests required for proper design of the Project, and furnish
such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the
site which must be known tCi�de�ermine soil condition or to ensure the proper development of the
required drawings and specificatitsns.
1.3.2 Survey.
1.4 Communication wi#h Agency. Architect shall participate in consultations and
conferences with authorized represer�f�tives of Agency and/or other local, regional, or state
agencies concerned with the Project, which may be necessary for the completion of the Project
or the development of the drawings, specifications and documents in accordance with the
applicable standards and requirements of law and the Agency. Such consultations and
conferences shall continue throughout the planning and construction of the Project and the
contractor's warranty period. Architect shall take direction only from the Agency's
Representative, or any other representative specifically designated by the Agency for this
Project, including any construction manager hired by the Agency.
1.5 Coordination and Cooperation with Construction Manager. The Agency may
hire a construction manager to administer and coordinate all or any part of the Project on its
behalf. If the Agency does so, it shall provide a copy of its agreement with the construction
manager so that the Architect will be fully aware of the duties and responsibilities of the
construction manager. The Architect shall cooperate with the construction manager and
respond to any requests or directives authorized by the Agency to be made or given by the
construction manager. The Architect shall request clarification from the Agency in writing if the
Architect should have any questions regarding the authority of the construction manager.
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2. INCORPORATION OF INITIAL PLANNING PHASE, WORK 8� SCHEMATIC PLANS.
The Agency previously entered into a contract with Interactive Design Corporation on or about
, 200_, for certain initial planning phase work and initial schematic plans for
the Project (collectively "Conceptual Plans"). Copies of the Conceptual Plans have been
provided to the Architect. It shall be the Architect's duty to thoroughly and completely review the
Conceptual Plans, analyze the Conceptual Plans and incorporated the Conceptual Plans into
the plans and specifications for the Project. As indicated in the Conceptual Plans, the Project
must be designed to exceed current Title 24 standards for construction, achieve a minimum of
Silver L.E.E.D. certification and ultimately, achieve a net zero energy usage.
3. DESIGN DEVELOPMENT PHASE. During the design development phase of the
Project, Architect shall do all of the following, as well as any incidental services thereto:
3.1 Design Development Documents. Based on the incorporation of the
Conceptual Plans described herein, Architect shall prepare design development documents
consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents
sufficient to fix and describe the types and mak�Eup of materials, as well as the size and
character of the Project's structural, mechanical and electrical systems, and to outline the
Project specifications ("Design Development Documents°}. The Design Development
Documents shall be prepared in sufficient form to presertt tc� the Agency's governing board for
approval.
3.2 Copies of Design Development and Other pocuments. Architect, at its own
expense, shall provide a complete set of the Design Developmeni D�cuments described herein
for Agency's review and approval. Additionally, at Agency's expense, Architect shall provide
such documents as may be required by any federal, state, regional or local agencies concerned
with the Project. Any additit�rl�( copies required by Agency shall be provided at actual cost to
Agency.
3.3 Updated Project Budget. Architect shall use its Preliminary Project Budget and
expertise and experience with the Project to establish an updated estimate of probable
construction costs, containing detail consistertt with the Design Development Documents as set
forth herein and containing a k�reakdown based on types of materials and specifications
identified herein ("Architect's Updafed Project Budget").
3.4 Timetable. Architect %shall provide a written timetable for full and adequate
completion of the Project to Agency.
3.5 Application for Approvals. Architect shall assist Agency in applying for and
obtaining required approvals from all federal, state, regional or local agencies concerned with
the Project. Architect shall furnish and process all architectural and engineering information
required to prepare and process applications to applicable utilities in order to secure priorities
and materials, to aid in the construction of the Project and to obtain final Project approval and
acceptance by any of the above agencies as may be required.
3.6 Color and Other Aesthetic Issues. Architect shall provide, for Agency's review
and approval, a preliminary schedule of all color materials and selections of textures, finishes
and other matters involving an aesthetic decision about the Project.
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4. FINAL WORKING DRAWINGS AND SPECIFICATIONS. During the final working
drawings and specifications phase of the Project, Architect shall do all of the following, as well
as any incidental services thereto:
4.1 Final Working Drawings and Specifications. Once Agency provides Architect
with specific written approval of the Design Development Documents described herein, Architect
shall prepare such complete working drawings and specifications as are necessary for
developing complete bids and for properly executing the Project work in an efficient and
thorough manner ("Final Working Drawings and Specifications"). Such Final Working Drawings
and Specifications shall be developed from the Conceptual Plans artd Design Development
Documents approved by Agency. The Final Working Drawings and �pecifications shall set forth
in detail all of the following: (1) the Project construction work to be done; (2) the materials,
workmanship, finishes, and equipment required for the archite�furat, structural, mechanical, and
electrical systems; and (3) the utility service connection equipment and site work. As indicated
in Section 3.9.2, Agency may be requested to supply Architect with the neGessary information to
determine the proper location of all improvements on and off site, including record drawings
("as-built drawings") in Agency's possession. Architect will make a good-faith effflrt to verify the
accuracy of such information by means of a thorough interior and exterior visual st�rvey of site
conditions. Agency shall also make a good-faith effort to verify the accuracy of the as-built
drawings and provide any supplemental information to Architect which may not be shown on the
as-built drawings.
4.2 Form. The Final Working pr�vv�l�gs and Specifications must be in such form as
will enable Architect and Agency to secure the requited permits and approvals from all federal,
state, regional or local agencies concerned with the Ft'E�ject. In addition, the Final Working
Drawings and Specifications must be in such form �s. w111 enable Agency to obtain, by
competitive bidding, a responsible and responsive bid within the applicable budgetary limitations
and cost standards. The Final Working Drawings and Specifications shall be clear and legible
so that uniform copies may be on standard architectural size paper, properly indexed and
numbered, and shall be capable of being clearly copied and assembled in a professional
manner by Architect.
4.3 Appraval and Revisions. Agency shall review, study, and check the Final
Working �rawings and Sp�cifications presented to it by Architect, and request any necessary
revisions ;or obtain any ne�essary approvals by the Agency's governing board, subject to the
approval of`all federal, stafe, regional or local agencies concerned with the Project. Architect
shall make a[[ Agency-requested changes, additions, deletions, and corrections in the Final
Working Drawir�gs and Specifications at no additional cost, so long as they are not in conflict
with the requireme,rtts of public agencies having jurisdiction or prior approval, or inconsistent
with earlier Agency di�'ection or Architect's professional judgment. Architect shall bring any such
conflicts and/or inconsistencies to the attention of Agency. The parties agree that Architect, and
not the Agency, possesses the requisite expertise to determine the constructability of the Final
Working Drawings and Specifications. However, the Agency reserves the right to conduct one
or more constructibility review processes with the Final Working Drawings and Specifications,
and to hire an independent architect or other consultant to perform such reviews. Any such
independent constructibility review shall be at Agency's expense. Architect shall make all
Agency-requested changes, additions, deletions, and corrections in the Final Working Drawings
and Specifications which may result from any constructibility review, at no additional cost to the
Agency, so long as they are not in conflict with the requirements of public agencies having
jurisdiction or prior approval, or inconsistent with earlier Agency direction or Architect's
professional judgment. If such changes, additions, deletions or corrections are inconsistent with
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prior Agency direction, Architect shall make such alterations and be compensated therefore
pursuant to the Additional Services provision of this Agreement.
4.4 Costs of Construction. It is understood by Architect that should the Final
Working Drawings and Specifications be ordered by Agency, Agency shall specify the sum of
money set aside to cover the total cost of construction of the work, exclusive of Architect's fees.
Should it become evident that the total construction cost will exceed the specified sum, Architect
shall at once present a statement in writing to the Agency's Representative setting forth this fact
and giving a full statement of the cost estimates on which the conclusion is based.
4.5 Copies of Final Working Drawings and Specifications and Other
Documents. Architect, at its own expense, shall provide a complete set of the Final Working
Drawings and Specifications described herein for Agency's review and approval. Additionally,
at Agency's expense, Architect shall provide such documents as may be required by any
federal, state, regional or local agencies concerned with the Project. Any additional copies
required by Agency shall be provided at actual cost ta Agency.
5. CONSTRUCTION CONTRACT DOCUMENTS. puring the construction contract
documents phase of the Project, Architect shall do all Qf the fQllowing, as well as any incidental
services thereto:
5.1 Bid and Contract Documents. If so required by Agency, Architect shall assist
Agency in the completion of all bid and construction documents, ir�cluding but not limited to, the
Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms �1r�cluding Alternate Bids as
requested by Agency), Contract, General Conditions, Supplementary General Conditions,
Special Conditions, DVBE and other applicable affirmative action documents, Performance
Bond, Payment Bond, Escr'qw;�greement for Security Deposits, and any other certifications and
documents required by federai, s#ate and local laws, rules and regulations which may be
reasonably required irt prder to obt�in bids responsive to the specifications and drawings. All
such documents shall be subject tp the approval of Agency and Agency's legal counsel.
5.2 Final Estimate, At the tim� c�i delivery of these bid and construction documents,
which shall include the Final Wc�rking Drawings and Specifications (collectively referred to
herein as the "Construction Documetl�s")� Architect shall provide Agency with its final estimate
of probable construction cost ("Archite+�f's Final Estimate"). As discussed herein, including in
Section 7.3, it shall be the Architect's duty to design the Project within budget.
6. BID PHASE. During the bid phase of the Project, Architect shall do all of the following,
as well as any incidental services thereto:
6.1 Reproducible Construction Documents. Once Agency provides Architect with
specific written approval of the Construction Documents and Architect's Final Estimate, Architect
shall provide to Agency one set of reproducible Construction Documents.
6.2 Distribution of Contract Documents and Review of Bids. Architect shall
assist Agency in distributing the Construction Documents to bidders and conducting the opening
and review of bids for the Project.
6.3 Over Budget. If the apparent lowest responsive and responsible bid on the
Project exceeds the Architect's Final Estimate by more than five percent (5%), Agency may
request Architect to amend, at Architect's sole cost and expense, the Final Drawings and
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Specifications in order to rebid the Project and receive a lowest responsive and responsible bid
equal to or less than the Architect's Final Estimate. All revisions necessary to bring the lowest
responsible and responsive bid within the Architect's Final Estimate, including any omissions,
deferrals or alternates, shall be made in consultation with, and subject to the approval of, the
Agency.
7. CONSTRUCTION PHASE. During the construction phase of the Project, Architect shall
do all of the following, as well as any incidental services thereto:
7.1 Observation. The Project Architect shall observe work executed from the Final
Working Drawings and Specifications in person, provided that Agency may, in its discretion,
consent to such observation by another competent representative of Architect.
7.2 General Administration. Architect shall assist the Construction Manager in
provision of the general administration of the Constructio�l Documents and the work performed
by the contractors.
7.3 Pre-Construction Meeting. Architect shall attend one or more pre-construction
meetings, as the Agency determines is needed for th� Project, with all interested parties.
7.4 Site Visits of Contractor's Work. ArchiteGt Shall conduct site visits to observe
each contractors' work for general conformance with the Cons�t't.tction Documents and with any
approved construction schedules or milestones. Such site visit� shall be conducted as often as
are necessary and appropriate to the stage of construction, acct�rding to the Agency's sole
discretion, but in no event less than weekly.
7.5 Coordinati+Dt� of Architect's Consultants. Architect shall cause all architects,
engineers and other consultants, as may be hired by Architect or Agency, to observe the work
completed under thei� t�isciplines �� required, and approve and review all test results for general
conformance with the Constructiort Documents.
7.6 Reports. Architect shaif make regular reports as may be required by applicable
federal, staie or tor�) (�ws, rules �ar regulations, as well as the federal, state, regional or local
agencies concerned wiifi the Project.
7.7 Construction Meetings; Minutes. Architect shall attend and participate in all
construction meetings which will be conducted by the Agency or Agency's Construction
Manager. Such meetings shall occur at a frequency necessary for the progress of the Project
work, according tq the AgenCy`s sole discretion, but no less than weekly.
7.8 Written Reports. When requested by the Agency or the Agency's
Construction Manager, the Architect shall make written reports to Agency regarding problems
arising during construction and, changes contemplated as a result of each such problems
7.9 Review and Response to Submissions. Architect shall review and respond, in
a timely manner, submittals, shop drawings, samples, information requests, change requests,
and other submissions of the contractor and subcontractors for compliance with, or alterations
and additions to, the Construction Documents. ArchitecYs review and response shall be done in
such a manner so as to ensure the timely and uninterrupted progress of the Project work.
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7.10 Rejection of Work. Architect shall advise the Agency or the Agency's
construction manager regarding the rejection of , work or materials which do not conform to the
Construction Documents. . Architect shall also have the authority to recommend to the Agency
that additional inspection or testing of the work be performed, whether or not such work is
fabricated, installed or completed.
7.11 Substitutions. Architect shall consult with Agency, in a timely manner, with
regard to substitution of materials, equipment and laboratory reports thereof, prior to the
Agency's final written approval of such substitutions. Architect's consultation shall be done in
such a manner so as to ensure the timely and uninterrupted progress Of the Project work.
7.12 Revised Documents and Drawings. Architect shall prepare, at no additional
expense to Agency, all documents and/or drawings made necessary by errors and omissions in
the originally approved Construction Documents.
7.13 Change Requests and Material Changes. Architect shalf comment upon , in a
timely manner and in writing, of any change requests and material change(s} which may be
requested or necessary in the Project plans and specifications. Architect sh�t1 provide the
Agency with its opinion as to whether such change requests should be approv�d, denied or
revised. If the Agency has designated a construction manager or other person to prepare all
change orders, the Architect shall review all change orders prepared by such person, execute
them and deliver them to the Agency for at�thorization if they meet with the Architect's approval,
or submit them to the Agency with reCt�mmendations for revision or denial if necessary.
Architect shall not order contractors to m�ke any changes affecting the contract price without
approval by Agency of such a written chang� order, pursuant to the terms of the Construction
Documents. Architect may order, on its owC� responsibility �nd pending Agency's governing
board approval, changes necessary to meet ccrostruction emergencies, if written approval of
Agency's Representative is first secured.
7.14 Applications for Payment. Ar�hifect shall review and comment upon
contractor's applications for payment.,
7.15 �inal Cotor and Product Selection. Architect shall coordinate final color and
product selection with A���cy's original design concept.
7'.�[6 Substantial Completion. Architect shall advise the Agency or the Agency's
construction manager regarding the date of substantial completion.
7.17 Pu�t�h List. After Substantial Completion, Architect shall participate in the
inspection of the Project and shall review all remaining deficiencies and minor items needed to
be corrected or compl+�ted on the Project, including those identified on the punch list prepared
by the contractor ("Punch List Items").
7.18 Warranties. Architect shall review materials assembled by the contractor and
subcontractors with regard to all written warranties, guarantees, owners' manuals, instruction
books, diagrams, record "as built" drawings, and any other materials required from the
contractors and subcontractors pursuant to the Construction Documents.
7.19 Certificate of Completion. Architect shall participate in any further inspections
of the Project necessary to issue the Certificate of Completion and final certificate for payment.
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7.20 Documents for Project Close-Out. Architect shall cause all other architects,
engineers and other consultants, as may be hired by Architect, to file any and all required
documentation with the Agency or other governmental authorities necessary to close out the
Project. Architect shall assist the Agency in obtaining such documentation from all other
architects, engineers, or other consultants.
8. AS-BUILT DRAWINGS. During the as-built drawings phase of the Project, Architect will
review and comment upon as-built drawings produced by the contractor or the Agency's
construction manager as requested by the Agency.
8.1 Documents for Final Payment. Prior to the receipt of Architect's final payment,
Architect shall forward to Agency all of the following: (1) one clear and legible set of
reproductions of the computations; (2) the original copy of the specifications; and (3) ArchitecYs
Certificate of Completion.
9. WARRANTY PERIOD. During the warranty period phase of the Project, Architect shall
do all of the following, as well as any incidental services thereto:
9.1 Advice. Architect shall provide advice tp AgenCy an apparent deficiencies in the
Project during any applicable warranty periods for the Projecf.
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EXHIBIT "B"
FEE AND PHASING/FUNDING SCHEDULES
1. FEE SCHEDULE. The Architect and Agency shall use the Agency's Preliminary
Construction Budget to establish an estimate of the ArchitecYs Total Compensation based upon
the following Fee Schedule:
[INSERT APPLICABLE FEE SCHEDULE, i.e., % OF CONSTRUCTION COST]
The estimated Total Compensation shall be inserted in Section 3.10.1 of the Agreement.
For periodic payment purposes, this amount may be adjusted upon mutual agreement of the
Agency and Architect according to the Architect's Preliminary Project Budget, the Architect's
Updated Project Budget and the Architect's Final Estimate.
The actual Total Compensation will be determined based on the actual construction
costs for the Project. The term "Actual Construction Cpsts" shall be defined as: (1) the sum of
all of the contracts between the Agency and the contrd�tors who will actually construct the
Project and for whose work Architect or its consultants pr��t�red Final Working Drawings and
Specifications acceptable to the Agency; and (2) all authoriz�d �dditive change orders for such
contracts, so long as any such additive change orders were not made necessary by the
negligent or willful acts or omissions of the Architect or its Ct�nsultants; and (3) general
conditions and all other construction management fees for CM/multiple prime contracts, if any.
The Actual Construction Costs shall not include the following: (1) compensation paid to the
Architect, the Architect's consultants or other consultants hired by the Agency; (2) the costs of
land or rights-of-way; (3) the costs of furnishings, equipment or other articles furnished by the
Agency for the Project; (4) testing and inspection fees; (5) reimbursable costs as outlined in this
Agreement or any other agreement for the Project; and (6) other costs which are the
responsibility of the Agency, including those provided for in Section 3.9.
2. PHASING/FUND(NG SCHEDULE. Progress payments towards Total Compensation shall
never ex�eed the following percentages of Total Compensation as of the phase indicated:
Initial Planning Phase:
Schematic Plan Phase:
Design Development Phase:
Final Working Drawings & Specifications Phase:
Construction Contract pocuments Phase:
Bid Phase:
Construction Phase:
As-Built Drawings Phase:
Warranty Period Phase:
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percent (% )
percent (% )
percent (% )
percent (% )
percent (% )
percent (% )
percent (% )
percent (% )
percent (% )
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EXHIBIT "C"
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
[INSERT ARCHITECT'S HOURLY RATES]
2. REIMBURSABLE EXPENSES.
[INSERT AUTHORIZED REIMBURSABLE EXPENSES]
3. ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4. ADDITIONAL CONSULTANTS. If Agency requires Architect to hire consultants to perform
any Additional Services, Architect shall be �ompensated therefore at the Architect's actual
hourly rates plus [INSERT AMOUNT OR PERCENTAGE]. Owner shall have the authority to
review and approve the rates of any such consu[fants.
C-1
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EXHIBIT "D"
SCHEDULE FOR PERFORMANCE
Phase
Design Development Phase
Owner Review
Final Working Drawings and Specifications
Owner Review
Construction Contract Documents
Bid Phase
Construction Phase
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Days for Completion
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PALM �ESERTREOEVELOPMENTAGENCY
REOIIESTFORPROPOSALS�RFP)
PROFESSIONALSENVICES
ACKNOWLEUGMENT aF RECEIPT OF ALL AODENDA FOR
THE COVNTftY VILLNGE AFiORDABLE SENIOR HOUSING DEVELOPMENT
JUNE 2009
ACNNOWLEOGMENT OF RECEIPT Of pi.L FDDENDA IS REQUIREO IN ORDER FOR A
PROPOSAL TO BE CONSI�EREO RESPONSIVE PIEASE COMPLETE THIS FORM ANp
SUBMIT IT WIiH YOUA PROPOSNL.
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THE ARCHITECT/FiRM/PERSON ALKNOWLEDGES RECEIPT OF ALL /
(InseR bWl numbet of aCtlentla recevatl) MOEN�A ISSUED FOR THIS RFP.
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