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Home My WebLink AboutHA29410E - Const Admin Svcs Carlos Ortega Villas 825-11 Contract No. HA29410E PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. HA29410E FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT TO INTERACTIVE DESIGN CORPORATION IN AN AMOUNT NOT TO EXCEED $67,700 (PROJECT NO. 825-11) SUBMITTED BY: Heather Buck, Project Coordinator CONSULTANT: Interactive Design Corporation 199 S. Civic Drive, Suite 10 Palm Springs, CA 92262 DATE: June 12, 2014 CONTENTS: Reallocation Memo Interactive Design Corporation Proposal Professional Services Agreement Recommendation By Minute Motion that the Authority Board: 1. Authorize the award of Contract No. HA29410E for construction administration services for the Carlos Ortega Villas project to Interactive Design Corporation (IDC), in the amount of $67,700 (Project No. 825-11); 2. Authorize the Finance Director to set aside the amount of$6,770 as 10 percent contingency(use of contingency requires additional action); 3. Approve the Agreement substantially as to form; and 4. Authorize the Chairman to execute the Agreement. Funds are available in Housing Authority Capital Improvements Account No. 871-8691- 466-4001. Commission Recommendation The Housing Commission reviewed the recommendation at the regularly scheduled meeting of June 11, 2014. Staff will provide a verbal report upon request of the Authority Board. Staff Report Award Contract No. HA29410E to IDC for Construction Administration Svc—Carlos Ortega Villas Page 2 of 4 June 12, 2014 Executive Summary Approval of this request authorizes the Chairman to execute the Professional Services Agreement for construction administration services with IDC for the Carlos Ortega Villas project. Backqround IDC is the architect for the design phase of the Carlos Ortega Villas project, a 72-unit senior affordable housing project. Staff recommends approval of a contract with IDC of Palm Springs, California, to provide construction administration services for the Carlos Ortega Villas project because of their familiarity with the project, the complexity of the project, and continuity of services provided. Additionally, the City, Housing Authority, and former Redevelopment Agency have successfully completed several projects with this firm. The scope of work includes, but is not limited to the following construction administration services: • Observation • General administration • Attendance at meetings • Site visits • Coordination of Architect's consultants • Written reports • Review and response to submissions (submittals, shop drawings, samples, information requests, change requests, etc.) • Advise Authority's Representative regarding rejection of work which does not conform to the Construction Documents • Review substitution requests • Revise documents and drawings necessary by errors and omission in the Construction Documents • Review change requests and material changes • Review applications for payment • Coordinate final color and product selection • Advise Authority regarding the date of substantial completion, issuance fo the Certification of Completion and project close-out • Participate in field review of the project (punch list walk) • Review warranties, owners' manuals, etc. • File all required documentation for project close-out The original agreement with IDC, Contract No. R29410A, included construction administration. However, IDC was directed to complete the construction documents and bidding at an accelerated schedule. As a result additional costs were incurred. Additionally, the delays to the project due to the dissolution of the former Redevelopment Agency resulted in several code changes that needed to be Staff Report Award Contract No. HA29410E to IDC for Construction Administration Svc—Carlos Ortega Villas Page 3 of 4 June 12, 2014 incorporated into the plans. In order to facilitate these changes to the contract, IDC reallocated the following services within the original contract (R29410A): Base Phase Contract Reallocation of Additional Services Code Bidding without Accelerated Changes ermits Schedule from Dela Phase 5: Construction Docs $25,750 Additional Fees $17,900 $19,000 Revised Total for Phase 5 $62,650 Phase 6: Biddin $16,100 Additional Fees $8,300 Revised Total for Phase 6 $24,400 Phase 7: Construction $95,500 Additional Fees $8,300 $17,900 $19,000 Revised Total for Phase 7 $50,300 The additional fees in Phases 5 and 6 reduced the amount available in Phase 7, Construction Administration, to balance the increases. On May 28, 2014, the Executive Director approved the above reallocation of fees within the existing contract. Due to the reduction in Phase 7, IDC has requested a new contract with the Housing Authority for Construction Administration Services. Refer to the attached proposal from IDC. Justification for Construction Administration This contract (HA29410E) nearly doubles the original amount ($95,000) of funds allocated for construction administration. However, this project was originally budgeted with the assumption that the Housing Authority would hire a Construction Manager. Typical fees for construction management range from 3 to 5 percent of the construction contract (approximately $450,000 - $1,000,000). Without a construction manager, increased services from the Architect will be required and will be accomplished within this new contract for $67,700. Staff has reviewed the attached Professional Services Agreement with legal counsel and recommends that the Chairman be authorized to execute said Agreement. Staff Report Award Contract No. HA29410E to IDC for Construction Administration Svc—Carlos Ortega Villas Page 4 of 4 June 12, 2014 Fiscal Analysis The estimated costs for the project are listed on ROPS lines 171 and 186. Although the Housing Authority would initially advance the funds for this work, the SARDA may reimburse the Authority for the costs from bond proceeds. The 2007 Housing Set-Aside bond issuance included the Carlos Ortega Villas as a project in the bond covenants. As a requirement of the State Department of Finance, a Bond Proceeds Funding Agreement was approved to facilitate this purpose by the Oversight Board on October 7, 2013, and by the Authority Board on October 10, 2013. Submitted By: .-� '��;�� ' �. Heather Buck, Project oordinator �,anet oore, Director of Housing i'�i�� M i n Alvarez Rudy Acosta Director of Economic Development Assistant City Manager Re ' ed: � �� ►'��CSYo k.;-i�w �c+ t } @ __ t„r S �i�i�l.s�d�..'#�a...",� �"'3��.,:�y�,� ��j Paul S. Gibson, Director of Finance �-�� 6--�Z_�� ---.�..�...�..��,.�..�,.�.�,.� pp oval� °�'a��:' �r� �t. (Lb�"1,.,,rlv� 3 � � �.....� � ��E ,/�Y ,'..,4p l � :'_' k P��'...` f/" t � 1.1 /^� r ° '„'° j` �.r �.,�3•. ati \_p°��f�,+�-• ��. �%�c,yr, l-��n r�, �,�1 � �r cc,��r � J M. W o h l m u t h, E x e c u t i v e D i r e c t o r ��rS` ��- � � lc�ilr)f=i , i �'��'"'� PALM DESERT HOUStNG AUTHORITY � � INTEROFFICE MEMQRANDUM To: John M. Wohlmuth, Executive Director From: Heather Buck, Project Coordinator Date: May 28, 2Q14 Subject: PROJECT NQ. 825-11 - CARLQS ORTEGA VILLAS CONTRACT REALLOCATION Per our meeting on Apri14, 2014, Interactive Design Corporation (IDC}, the architectural firm for the Carios Ortega Villas project, was directed to complete the construction documents and bidding at an accelerated schedule. As a result additionai costs were incuRed. Additionally, ihe delays to the project due to the dissolution of the former Redevelopment Agency resuited in several code changes that needed to be incorporated into the plans. In order to facilitate these changes to the contract, IDC reallocated the following services within the existing contract: Base Phase Contract Reallocation of Additional Services Code Bidding without Accelerated Changes rmits Schedule from Dela Phase 5: Construction Docs $25�750.�0 AdditiQnal Fees $17,90Q.00 $19 000.00 Revised Total for Phase 5 $62 650.00 Phase 6: Biddin $16,100 Additional Fees $8,300.00 Revised Total for Phase 6 $24,400.00 Phase T: Const�uction $95 500.00 Additionai Fees $8,300.00 $17 900.00 $19 000.00 Revised Totat for Phase 7 $50,300.00 The additional fees in Phases 5 and 6 have reduced the amount available in Phase 7 - Constructio� Administration to balance the increases. Due to the reduction in Phase 7, IDC will request a new contract with the Housing Au#hority for Construction Administration Services. Refer to attached memo from fDC. if you are in concurrence with the above reallocation of services within the existing contract, please sign below and retum to me for processing. Interoffice Memo—Carlos Ortega Villas IDC Realiocation of Fees May 28, 2014 Page 2 A separate contract will be brought forward to the Housing Commission and Housing Authority for considera#ion of additionai services for Construction Administration in June. If there are any questions, please iet me know. Re�uiewed and Approved: o l �` , `/�� ; ,�:�� C '� l '��t!�-�''�""��,._..,_.___.�--�� / ti_. Heather Buck ;��iJohn M. Wohimuth Project Coordinator � ��Executive Director � ✓, � °�"hz�� dc�c- �v f�.' Attachments (as noted) ��,,� ��`� �i��r �, ��z:, cc: Mark Greenwood. Director of Public Works ��`�s � �- ��fj e� G� ! Martin Alvarez, Director of Economic Development � � Janet Moore, Director of Housing ��''�j' �i`�"� �"� '�l'" �k� �� , �� "' PRO�jECT REC4RD �� INT RACTIVE DESIGN CORPORATION ARCHITECTS+ DATE May I 6, 2014 t 99 S.Civic Drive,S�ce 10 Paim Springs,Galifornia 92262 TO Heather Buck T:(760�323-4990 �:(760)322-5306 VIA er1'lail mail@inceraccivedesigncorp.com FROM Reuel Young PROJECT IDC No. I008 SUBJECT Gontract amendment Page I of I w...poc.M�M�n awbqnut er eu a►w.rwwine yrqKe r a000ran�.whe oor uaerms�a ar u�,crh�fwws neue we�..un�w we ncw.vwtaa arrwmn« DISTRIBUTION ,�..s�aa»w�ea�w�a.a�d.a.e.darwa�«�.�a.a�.ra�..ar�m..a.��e,.�.a�,.a�e : � Heather, Fax: Per our meedngs over the last couple of months,the fina) instructions from the City are for IDC to prepare a matrix for the reassignment of additional services witi�in the existing contract and a request for new contract for Construction Administration to the City of PD Housing Authority. The reassignment of additional services within the existing contract consisu of additional services in Phases 5 (Construction Documenu)and Phase 6(Bidding)of the existing contract For Phase 5-Construction Documents, additional services related to Accelerated Schedule and Changes due to delay were added increasing the total fee from $25,750 to$62,650. For Phase 6- Bidding, additional services related to Bidding without Permit Plans were added increasing the total fee from $I 6.100 to$24,400. The total fee for Phase 8 Construction Administration has been reduced to $50,300 to balance the increases of the previous phases. See breakdown exhibit The invoices for the services pravided during the month of April, May,and June for the adjusted services in Phase S and b wi8 be billed against Phase 7 with notation regarding phase fee reassignment as stated previously. Other remaining phases in the existing tontract such as Items No.$(As-Built Drawings- $9,3�) & No.9 (Warranty Period-$3,500)wil! remain unchanged in the base contract ln addition�the new conu-act for construcdan administration services for$67, 700 will be addressed to Ehe City of PD Housing Autho�ity. See enctosed proposal. Let us know if you have any questions. Respectfully. 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C�i � `*� v* W: ■�■ ■■■ ■■❑ I N T E R A C T I V E D E S I G N C O R P O R A T I O N PROPOSAL FOR ARCHITECTURQL SERVICES CARLOS ORTEGA VILLAS This Proposal is by and between INTERACTiVE DESIGN CORPORATION, a California corporation, (the "Architect") and the Housing Authority of the City of Palm Desert (the Client and ) regarding the architectural design and related services for the development of a senior housing project on property owned by the City of Palm Desert Housing Authority on the southwest corner of Avenue of States and Washington Street in Palm Desert, California. SECTION I- PROJECT DESCRIPTION I. PROJECT PARAMETERS A. Site: The senior housing project developed on land currently owned by the City of Palm Desert Housing Authority comprising several parcels (APN #'s 637-071-002, 637-I 70-003, 637-I 70-004, and 637-I 70-00�. SECTION 11 - SERVICES I. ARCHITECT'S SERVICES: CONSTRUCTION PHASE. During the Construction Phase of the Project, the Architect shall provide the following services: A. Observation. The Project Architect shall observe work executed from the Final Working Drawings and Specifications in person. B. General Administration. Architect shall assist the Owner's Representative in providing the general administration of the Construction Documents and the work performed by the contractors. C. Pre-Construction Meeting. Architect shall attend one or more pre-construction meetings, as the Owner's Representative determines is needed for the Project, with all interested parties. D. Site Visits of Contractor's Work. Architect shall conduct site visits to observe the Contractors' work for general conformance with the Construction Documents and with any approved construction schedules or milestones. E. Coordination of Architect's Consultants. Architect shall cause all architects, engineers and other consultants, as may be hired by Architect, to observe the work completed under their disciplines as required, and review and comment all submittals and test results for general conformance with the Construction Documents. F. Construction Meetings.Architect shall attend and participate in all construction meetings which will be conducted by the Owner's Representative. Agreement Between Palm Desert HA and Architect dated IbMAYl4 Page I of 4 � IDC No. 1008 IDC No. 1008 CA-PD HA Senior Housing ■■■ ■■■ ■■❑ I N T E R A C T I V E D E S I G N C O R P O R A T I O N G. Written Reports. When requested by the Owner's Representative, the Architect shall make written reports regarding conditions arising during construction and changes contemplated as a result of such conditions. H. Review and Respond to Submissions. Architect shall review and comment, in a timely manner, on submittals, shop drawings, samples, information requests, change requests, and other submissions by the Contractor and subcontra.ctors for compliance with, or alterations and additions to, the Construction Documents. I. Rejection of Work. Architect shall advise the Owner's Representative regarding the rejection of work or materials which do not conform to the Construction Documents. J. Substitutions. Architect shall consult with Owner's Representative, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the Owner's Representative's final written approval of such substitutions. Architect's consultation shall be done in a manner consistent with the standards of professional practice and in a timely manner consistent with the progress of the Project. K. Applications for Payment. Architect shall review and comment upon Contractor's applications for payment., L. Final Color and Product Selettion. Architect shall coordinate final color and product selection with Owner's Representative. M. Substantial Completion. Architect shall advise the Owner's Representative regarding the date of Substantial Completion. N. Punch List. After Substantial Comptetion, Architect shall participate in the field review of the Project and sha�l review and report all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the Contractor ("Punch List Items"). II. SERVICES THAT MAY BE REQUIRED, BUT NOT INCLUDED: The following services may be required for the completion of Work of this Phase: A. Third Party Inspections. B. Redesign of elements and systems of a substantial nature due to Client changes. SECTION 3 - CLIENT'S RESPONSIBILITIES I. The Client shall make all reasonable efforts to cooperate with the Architect, including but not limited to the following: A. Responding to the Architect's questions and requests for approval within a reasonable time. Agreement Between Palm Desert HA and Architect dated 16MAY14 Page 2 of 4 � tDC No. 1008 CA-PD HA Senior Housing ■�■ ■■■ ■�❑ I N T E R A C T I V E D E S I G N C O R P O R A T I O N B. Compensating the Architect pursuant to the terms and conditions of this Agreement. SECTION 4 - COMPENSATION I. FEES for BASIC SERVICES. The Architect shall be compensated for services rendered on a lump sum basis as set forth below: A. Construction Administration $67,700 (The services and the fees are in conjunction to the services described in Phase 7 of the Carlos Ortega Villas Construction Administration Phase fee of Contract No. R2941 OA and memo dated I 6MAY 14 re. Reassignment of additional services) II. REIMBURSEABLES. In addition to fees for professional services, direct costs to the Architect related to performing the services shall be paid to the Architect at one point one (I.I0) times cost starting the first day of project construction. These payments shall be from the Carlos Ortega Villas Contract No. R29410A). III. ADDITIONAL SERVICES. Any additional services will be compensated pursuant to the Architect's hourly fee schedule, or on a fixed fee basis as may be mutually agreed. IV. HOURLY FEE SCHEDULE. The Architect's current hourly fee schedule is as follows: Principal Architect $I 65 ArchitectlDesigner 140 Project Manager 105 CAD Staff 80 Administrative 55 V. INVOICING. The Client will be billed provided with monthly invoices for services rendered and costs advanced. Each invoice shall be due and payable upon receipt, and delinquent ten (10) days after the invoice date. SECTION 5 - GENERAL CONDITIONS I. LEGAL RESPONSIBILITY. The Architect will be legally liable for only the architectural services provided pursuant to this Agreement, and not otherwise. II. TERMINATION OF THIS AGREEMENT. This Agreement may be terminated by either party with ten (I 0) days written notice. The Architect shall be compensated for all work performed until the termination, and for reasonable expenses related to suspension or termination of work on the project. Included in termination expenses are project administrative and archiving costs deemed necessary by the Architect to bring work to an orderly close and to properly archive the work completed to date. III. THE ARCHITECT'S INSTRUMENTS OF SERVICE. All sketches, drawings and other documents prepared by and on behalf of the Architect pursuant to this Agreement Between Palm Desert HA and Architect dated 16MAY14 Page 3 of 4 � IDC No. 1008 CA-PD HA Senior Housing ■■■ ■■■ ■■❑ I N T E R A C T I V E D E S I G N C O R P O R A T I O N Agreement shall, as instruments of service, remain the Architect's property with all common law, statutory and other reserved rights including copyrights reserved. IV. DISPUTE RESOLUTION. No lawsuit or other formal legal action of any kind may be commenced by either the Architect or the Client against the other regarding any dispute which may arise under or concerning this Agreement unless and until the complaining party has made a good faith effort to mediate the dispute by: (I) first providing the other party with a forma) demand letter sent certified or registered mail fully and fairly describing the claim and setting forth a settlement demand or other proposed solution; (2) if the demand letter fails to bring about an agreement, attempting to initiate a formal mediation under the auspices of the JAMS Endispute, or other reputable and unbiased dispute resolution service. V. INTEGRITY OF THE AGREEMENT. This Agreement supersedes all negotiations and prior agreements concerning the Project and is intended as a complete and exclusive statement of the entire agreement between the Client and the Architect concerning the Project. This Agreement is being entered into and will be performed in Riverside County, California; and it shall be interpreted and enforced under and pursuant to the laws of the State of California. IN WITNESS WHEREOF, the parties hereby execute this Agreement based upon the Terms and Conditions stated above and on the date indicated below. Date: Reuel Young, AIA, President C I 0974 Interactive Design Corporation 199 S. Civic Drive, Suite#10 Palm Springs, CA 92262 (760) 323-4990 Date: Housing Authority City of Palm Desert 73-5I0 Fred Waring Drive Palm Desert, CA 92260 (760) 346-061 I Agreement Between Palm Desert HA and Architect dated 16MAY14 Page 4 of 4 � IDC No. 1008 CA-PD HA Senior Housing CONSTRUCTION ADMINISTRATION SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT NO. 825-11 CONTRACT NO. HA29410E PALM DESERT HOUSING AUTHORITY PROFESSIONAL CONSULTANT SERVICES AGREEMENT 'I. PARTIES AND DATE. This Agreement is made and entered into this 12th day of June, 2014, by and between the Palm Desert Housing Authority, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("Authority") and INTERACTIVE DESIGN CORPORATION, a CALIFORNIA CORPORATIt�N, with its principal place of business at 199 S. Civic Drive, Suite 10, Palm Springs, Galifornia 92262 ("Consultant"). Authority and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional construction administration services required by the Authority on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional construction administration services to public clients, is licensed in the State of California, and is familiar with the plans of Authority. 2.2 Project. Authority desires to engage Consultant to render such professional construction administration services for the Carlos Ortega Villas, Project No. 825-11 ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction administration services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2014 to the filing of the Notice of Completion for the construction contract, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Authority retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Authority and shall at all times be under Consultant's exclusive direction and cantrol. Neither Authority, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant 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. Consultant 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. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, Authority shall respond to Consultant's submittals in a timely manner. Upon request of Authority, Consultant shall provide a more detailed schedule of anticipated perFormance to meet the Schedule of Services. 3.2.3 Conformance to Apqlicable Requirements. All work prepared by Consultant shall be subject to the approval of Authority. 3.2.4 Substitution of Key Personnel. Consultant has represented to Authority that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnet become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Authority. In the event that Authority and Consultant cannot agree as to the substitution of key personnel, Authority shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the Authority, or who are determined by the Authority 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 Consultant at the request of the Authority. The key personnel for performance of this Agreement are as follows: Reuel Young, President Maria Song, Vice President 3.2.5 Authority's Representative. The Authority hereby designates Heather Buck, Project Coordinator, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Authority's Representative"). Consultant shall not accept direction or orders from any person other than the Executive Director, Authority's Representative or his/her designee. Authority's Representative shall have the power to act on behalf of the Authority for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The Executive Director shall be authorized to act on Authority's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Maria Song — License No. C30566, or his/her designee, to act as its representative for the perFormance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with Authority staff in the performance of Services and shall be available to Authority's staff, consultants and other staff at all times. 3.2.8 Standard of Care; PerFormance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, 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, Consultant shall perform, at its own cost and expense and without reimbursement from the Authority, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the Authority 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 who fails or refuses to perForm the Services in a manner acceptable to the Authority, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perForm any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Authority, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification 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. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Authority that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Authority that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Authority. General Liabilitv insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,OOO,Q00 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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. Automobile Liabilitv Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liabilitv (Errors & Omissions) Insurance: Consultant shall maintain professional liability insurance that covers the Services to be perFormed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial 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. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, Palm Desert Country Club Villas (PDCCV), and their officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and PDCCV as an Additional Insured to the Subconsultant's policies. Consultant shall provide to Authority satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by Authority's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with Authority at all times during the term of this contract. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coveraqe: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. Authoritv's RiQhts of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Authority will be promptly reimbursed by Consultant or Authority will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Authority may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subroqation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, (PDCCV), and their elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and PDCCV, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estopaell: Consultant acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Consultant of non- compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 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. Reauirements Not Limitinq: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, PDCCV and their officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. Authoritv's Riqht to Revise Saecifications: The Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Authority and Consultant may renegotiate ConsultanYs compensation. Self-Insured Retentions.: Any self-insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to compBy with these specifications unless approved by Authority. Timelv Notice of Claims: Consultant shall give Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty-seven Thousand Seven Hundred and no/100 Dollars ($67,700.00) without authorization of the Housing Authority Board or Executive Director, as applicable, per the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to Authority a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice 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 invoice. Authority shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the Authority disputes any of Consultant's fees, the Authority shall give written notice to Consultant within thirty(30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Authority, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, Authority may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Authority 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. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the Housing Authority Board or Executive Director, as applicable, per the Palm Desert Municipal Code. 3.3.5 Rate Increases. Not applicable. 3.3.6 Prevailing Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et se�c., and 1770, et se�c., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. Authority shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Authority, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Authority during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. Authority may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Authority, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Authority may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Interactive Design Corporation. 199 S. Civic Drive, Suite 10 Palm Springs, CA 92262 ATTN: Reuel Young, President Maria Song, Vice President Authority: Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Janet Moore, Director of Housing 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. 3.5.3 Ownership of Materials and Confidentialitv. 3.5.3.1 Documents & Data; Licensinq of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Authority to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that Authority is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Dacuments & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Authority. Authority shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Authority's sole risk. 3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other pocuments & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Authority, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Authority's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Authority. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.5.5 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 costs of such action. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnitv. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, 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 alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Nofinrithstanding the foregoing, to the extent Consultant'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 Consultant. 3.5.6.2 Additional Indemnity Obli ations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, andJor volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Authoritv's Riqht to Emplov Other Consultants. Authority reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Authority. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction: References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Authority include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference oniy, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Authority shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Authority, during the term of his or her service with Authority, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Eaual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. 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. 3.5.20 Labor Certification. By its signature hereunder, Consultant 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. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Reauired. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Authority. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. PALM DESERT HOUSING AUTHORITY INTERACTIVE DESIGN CORPORATION By: By: Chairman or Executive Director Name: Title: ATTEST: By: Name: Title: By: By: Rachelle D. Klassen Secretary [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] APPROVED AS TO FORM: By: Best Best & Krieger LLP Authority Counsel EXHIBIT "A" SCOPE OF SERVICES During the construction phase of the project, the Consultant shall provide the following services, as well as any incidental services thereto: A. Observation. The Project Architect shall observe work executed from the Final Working Drawings and Specifications in person. B. General Administration. Architect shall assist the Authority's Representative in providing the general administration of the Construction Documents and the work performed by t he contractors. C. Pre-Construction Meeting. Architect shall attend one or more pre-construction meetings, as the Authority's Representative determines is needed for the Project, with all interested parties. D. Site Visits of Contractor's Work. Architect shall conduct site visits to observe the Contractors' work for general conformance with t he Construction Documents and with any approved construction schedules or milestones. E. Coordination of Architect's Consultants. Architect shall cause all architects, engineers and other consultants, as may be hired by Architect, to observe the work completed under their discipiines as required, and review and comment on all submittals and test results for general conformance with the Construction Documents. F. Reports. Architect shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project. G. Construction Meetings. Architect shall attend and participate in all construction meetings which will be conducted by the Authority's Representative. H. Written Reports. When requested by the Authority's Representative, the Architect shall make written reports regarding conditions arising from construction and changes contemplated as a result of such conditions. I. Review and Respond to Submissions. Architect shall review and comment, in a timely manner, on submittals, shop drawings, samples, information requests, change requests, and other submissions by the Contractor and subcontractors for compliance with , or alterations and additions to, the Construction Documents. J. Rejection of Work. Architect shall advise the Authority's Representative regarding the rejection of work or materials which do not conform to the Construction Documents. K. Substitutions. Architect shall consult with Authority's Representative, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the Authority's Representative's final written approval of such substitutions. Architect's consultation shall be done in a manner consistent with the standards of professional practice and in a timely manner consistent with the progress of the Project. L. Revised Documents and Drawings. Architect shall prepare, at no additional expense to Authority, ail documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents. M. Change Requests and Material Changes. Architect shall comment upon, in a timely manner and in writing, any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Architect shall provide the Authority with its opinion as to whether such change requests should be approved, denied or issued as change orders. The Architect shall review all change orders and deliver them to the Authority for authorization if they meet with the Architect's approval, or submit them to the Authority with recommendations for revision or denial if necessary. Architect shall not order contractors to make any changes affecting the contract price without approval by the Authority of such a written change order, pursuant to the terms of the Construction Documents. Architect may order, on its own responsibility and pending Authority's governing board approval, changes necessary to meet construction emergencies, if written approval vf Authority's Representative is first secured. N. Applications for Payment. Architect shall review and comment upon Contractor's applications for payment. O. Final Color and Product Selection. Architect shall coordinate final color and product selection with Authority's Representative. P. Substantial Completion. Architect shall advise the Authority's Representative regarding the date of Substantial Gompletion. Q. Punch List. After substantial Completion, Architect shall participate in the field review of the Project and shall review and report all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the Contractor ("Punch List Items"). R. 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. S. 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. T. 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 Authority or other governmental authorities necessary to close out the Project. Architect shall assist the Authority in obtaining such documentation from all other architects, engineers, or other consultants. EXHIBIT "B" SCHEDULE OF SERVICES Approved Baseline Schedule to be submitted by General Contractor for construction will be distributed to Consultant and incorporated as a part of this Agreement. Schedule of Consultant's Services shall be coordinated as required with the construction schedule. EXHIBIT "C" COMPENSATION HOURLY FEE SCHEDULE Titie Houriv Rate Principal Architect $165 Architect/Designer $140 Project Manager $105 CAD Staff $80 Administrative $55 REIMBURSABLE EXPENSES These payments shall be from Contract No. R29410A.