HomeMy WebLinkAbout3/25/2009 - STAFF REPORTS - 2.N. CITY OF PALM SPRINGS
STATEMENTS OF QUALIFICATIONS (SOQ) #14-09
For
ARCHITECTURAL DESIGN TEAM SERVICES FOR THE WELWOOD MURRAY MEMORIAL
LIBRARY AND JC FREY BUILDING
Statements of Qualifications (SOO 14-09), for providing Architectural Design Team services for
the renovation and repurposing of the Welwood Murray Memorial Library and JC Frey building
for the City of Palm Springs, CA will be received at the Office of Procurement & Contracting,
3200 East Tahquitz Canyon Way, Palm Springs, California, until 2:00 P.M. LOCAL TIME, xxxx,
xxxx x, 2009. It is the responsibility of the Proposer to see that any submittal sent through the
mail shall have sufficient time to be received by this specified date and time. The receiving time
in the Procurement Office will be the governing time for acceptability of submittals.
Telegraphic, telephonic, faxed or emailed submittals will not be accepted. Late submittals will
be returned unopened.
SCHEDULE:
Notice for Request for Statements of Qualifications posted and issued ............... March xx, 2009
Deadline for receipt of Questions .................... ........................2:00 P.M., xxx, xxxx xx, 2009
Deadline for receipt of Qualifications ......................... ................2:00 P.M., xxx, xxx xx, 2009
Short List/ Interviews ("if desired by City) ............................... .............................................TBD
Contract awarded............................................... . ................................................ TBD
1. PURPOSE: The City of Palm Springs is soliciting statements of qualifications from qualified /
architectural firms with expertise in the renovation of historic buildings-,,-*ad andlor renovation
and repurposing of existing buildings. The services shall include a professional full service
Architectural team including Mechanical, Electrical, Plumbing and Structural engineering,
Landscape Architecture, Interior Design and Independent Cost Estimating services required to
design and develop construction documents for the renovation of the Welwood Murray Memorial
Library (referred to as "The Welwood Library"in this document) and the JC Frey building within
the existing walls/footprint of each structure.
2. BACKGROUND: Palm Springs lies on the western edge of the Coachella Valley in central
Riverside County approximately 107 miles east of Los Angeles. Palm Springs covers a
geographical area of 96 square miles with well-established neighborhoods. Recently there has
been a fascination with mid-century modern architecture - something Palm Springs is proud to
have as part of its mix of eclectic design styles.
Because it is only a two-hour drive from Los Angeles, Orange and San Diego counties, there
are a large number of second homes in Palm Springs. The permanent population is 53,347 as
of 2007, with another 27,000 to 30,000 people living in the City in the winter, bringing the total
population to almost 83,000 residents during the winter season.
This RFP will encompass two completely different types of buildings. One, the Welwood
Library, is a 1940 "V" shaped Al historical building ("exterior shell only) which was the original
public library in the heart of downtown Palm Springs. Since 1992, it has been operated by
volunteers as a private reading room and now needs to be converted to a high tech branch
library of the City library system. The other, the JC Frey building, was built in the 1960s as a
Jaycees card hall, currently being used as a homeless resource center, that needs to be
converted to an public annex of the main library in Palm Springs, which is adjacent across the
parking lot.
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The Welwood Library, the first permanent public library, was opened in 1940 on historic Palm
Canyon Drive, and has been a much loved point of pride for the City ever since. As the City
grew, the library system grew, and in the late 1980s there were four library facilities. However,
by 1992 all branches were closed because of the state's fiscal crisis, leaving the current Library
Center building on Sunrise Way as the City's only library building.
The 4,933 sq. ft. Welwood Library building is located on the southeast corner of the intersection
of Palm Canyon Drive and Tahquitz Canyon Way. It holds center stage on the busiest and most
visible corner in the downtown core. Since it was closed as an official City library branch in
1992, it has had only limited basic maintenance with the exception of the installation of a rear
entrance disability ramp in the early 2000s. The building exterior was given A4 Class /
historical designation in October, 1984.
The JC Frey building is located just east of the main library across the parking lot at 1911 E.
Baristo Road, just east of Sunrise Way Built in 1965, the building is T-shaped with 3,490 sq, ft.
In the late 1990s, the City of Palm Springs granted the non-profit organization, Well in the
Desert, use of the building as a location to provide a hot meal to the homeless and nearly
homeless. Services provided in the building have increased over the years and now include,
breakfast and lunch as well as counseling and social services. With the completion of the new
west valley homeless resource center north of 1-10, this building will be taken back by the City to
be used as much needed additional space by the current main library.
The Library is a department within the City of Palm Springs. The City Council appoints the five
member administrative Board of Trustees who operate under the Education Code of the State of
California. The Board of Trustees and the City Manager appoint the City Librarian.
Operating statistics from Fiscal Year 2007-2008 for the Library Center are as follows:
➢ Staff—23,45 FTE
➢ Total book collection — 126,243
--Children's—28,486
--Young adult—3,006
➢ Serials—2,520
➢ CDs, DVDs, Books on CD, Books on Tape— 21,983
➢ Spanish language collection—6,552
➢ School age program attendance— 1,715
➢ Pre-school age program attendance—2,706
➢ Adult program attendance — 3,067
➢ Total patron visits—300,000
The newly completed Strategic Services Plan for the Palm Springs Library stresses the
following services:
➢ Cultural Diversity — promoting appreciation and understanding of one's own heritage and
the heritage of others in the community.
➢ Community Gathering Place — residents will have safe and welcoming physical places to
meet and interact with others or to sit quietly and read, and will have open and
accessible virtual spaces that support social networking and interaction.
➢ Connecting to the online world — residents will have high-speed access to the digital
world with no unnecessary restrictions enduring that everyone can take advantage of the
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ever-growing resources and services available through the Internet and other emerging
technologies
> Early Literacy— Children from birth to age five will have programs and services designed
to ensure that they will enter School ready to learn to read, write and listen.
➢ Current Topics and Titles — reading, viewing and listening for pleasure
➢ Lifelong learning — providing information and resources that satisfy curiosity and support
self-directed personal growth and development opportunities for the community and for
the Library organization.
The demographics of Palm Springs has changed over the years. While still a tourist destination,
the resident base has changed from predominantly wealthy and retired Caucasian to middle and
low income residents, 31% of whom are Hispanic. The average age is 45, yet young people
under the age of 18 account for only 19% of the population. There is a large influx of two
income households with no children. The senior population, those residents over age 65, is
about 22% of the resident population.
Thus the focus of the Palm Springs Public Library is changing to meet the needs of this very
diverse community. To achieve the goals set for the service responses of the Strategic
Services Plan, the current Library building's space needs to augmented with a branch in
downtown and expansion space in the current JC Frey building. /
It is the intention of the City to hire a team that is led by an Architectural firm that has /
demonstrated experience in the renovation of historic buildings and/or renovation and f
repurposing of existing buildings. Furthermore, the City seeks a multi-disciplined full service
Architectural team that includes mechanical, electrical, plumbing, and structural engineering
services as well as landscape and interior design services (FF&E) and third party cost
estimating though-out the design process.
3. SCOPE OF WORK: The successful design team will be asked to develop a design and
working drawings/bid documents for the renovation of both buildings. The team will be
expected to be multi-disciplined in that the renovation of the buildings as well as the necessary
on-site improvements will be designed by the team, including mechanical, electrical, structural,
landscaping and interior design (FF&E), while also providing independent cost estimating at
Conceptual Design/Design Development/Construction Documents phases. The City shall
provide to the successful firm a report on the current physical condition of each building
including a structural, mechanical, electrical and independent hazardous materials analysis.
This analysis is in process and not yet available. The estimated construction cost for the
Welwood Library is $1,550,000, and $615,000 for the JC Frey Building, for a total construction
estimate of$2,165,000.
Resources that will be available for use for this project include, but are not limited to: some
floorplans and site plans of the Welwood Library, a floor plan of the JC Frey building, the
Library's Strategic Service Plan 2009-2013, staff availability for meetings and brainstorming,
and City Planning Department personnel.
SITE AND BUILDING INVESTIGATION
The City shall provide for both the Welwood Library building and the JC Frey building a
complete building inspection report including, but not limited to:
4
structural review
➢ mechanical review (plumbing, HVAC, fire suppression)
➢ electrical review (lighting, receptacles, data, telephone, fire alarm)
➢ hazardous materials review
The successful architectural firm shall utilize the information provided and then conduct an
architectural review (interior and exterior) of both buildings for the potential of the repurposing of
both buildings (within their existing walls). Programming and square footage assignments for
both buildings will be a key element of the architectural services to be provided.
Ol�,L-TER YWPIES SCOPE OF SERVICES
The work will include: eAerier..rende S; G9RGep^Y21 Sket h Si-4 ble desi RS fair pinegrarn
�nd—fie faassignments; Site ..IaRS
�.m,as—wit ns—available- normal architectural services
including site verification, -proar-arnmin-g, schematic design, desi n development,
construction documents iddin construction administration and all related
consultants includinq strucit&�Plumbinm electrical mechanical, landscaping, cost
estimating and interior desi n for a complete and occupiable project. The architect and
his/her consultants shall coordinate with al/ city independent consultants. These plans
will meet all requirements of building and local community codes. The City does not have
access to the original architectural plans for either building, therefore "As-Builts" will have to be
developed by the design team for both buildings. In the case of the Welwood Library, there is
an existing exterior patio that, depending on the easements, may be incorporated into this
scope of work, as well as a review of the restroom facilities on-site as well as a review of
restroom facilities in an adjacent privately owned office/retail structure. The City is currently
researching and shall provide further guidance to the successful firm regarding the status of the
patio and adjacent restroom facilities.
The successful design team will be expected to engage with and respond to the feedback
provided by the steering committee (stakeholders from the Library, downtown, Friends of the
Library, Library Board of Trustees, and other community members) to ensure that the design is
representative of the needs of the community. The team will be expected to make a
presentations to the various interest groups, the Historic Preservation Board (for any
modification to the exterior of the Welwood Library), #qe-Prshmo . r..l-e
PlaR..;.R- `h- 1 4„ GOURG., it as i:e�gi,4 red for—va Fl6Hs-aPprewals_ and represent
the ro"ect throu h the normal Planning and Buildin review recess.
The architectural work will use the following visions for each building:
Welwood Murray Memorial Library
The NEW Welwood Interactive Library will be the downtown intersection, literally and
figuratively, between residents, businesses and visitors. Its mission will be to appeal to the
client base of downtown area residents, the business community, tourists, and culture seekers
by representing:
• The larger, comprehensive Library Center
• The Business Improvement District
• Main Street merchants
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6. PROPOSAL CONTENTS: Teams are requested to format their submittals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 5 above. The submittals must be in an 8 '/z X 11 format, may be no more than a
total of thirty (30) pages (sheets of paper, double sided), including an organization chart,
staff resumes and appendices, and cover letter. Dividers, Attachment "A" and Addenda
acknowledgments do NOT count toward the 30 page limit. Interested teams shall submit
EIGHT (8) (one original plus seven copies) of its submittal by the deadline.
All submittals shall be sealed within one envelope and be clearly marked, "SOQ #14-09,
STATEMENT OF QUALIFICATIONS FOR ARCHITECTURAL DESIGN TEAM SERVICES FOR
THE RENOVATION OF THE WELWOOD MURRAY MEMORIAL LIBRARY AND JC FREY
BUILDING". Submittals not meeting the above criteria may be found to be non-
responsive. At a minimum, teams must provide the information identified below. All such
information shall be presented in a form that directly corresponds to the numbering scheme
identified below.
SECTON A: TEAM QUALIFICATIONS, QUALIFICATIONS OF PERSONNEL ASSIGNED TO
THE PROJECT (including the Lead Designer/Project Manager) AND EXPERIENCE WITH
PROJECTS OF SIMILAR SIZE AND SCOPE
A.1 State your firm's complete name, type of firm (individual, partnership, corporation or
other), telephone number, FAX number, contact person and E-mail address. If a corporation,
indicate the state the corporation was organized under.
A.2. State the name and title of the firm's principal officer with the authority to bind your
company in a contractual agreement.
A.3 Describe your firm's background and qualifications in the type of design effort that this /
project will require, specifically identifying experience with tie-re;OVatien Af WAterne buildiR96 (ire V/
We ease, Glass 4 ilar scope,
A.4 List the name and qualifications of the key staff members that will be assigned to this
project. Provide detailed qualifications of the Lead Designer/Project Manager that will be
assigned to this project, including representations of the Lead Designer/Project Manager's work.
A.5 Indicate the name of sub-consultant firms that will be utilized to make up your team.
Describe each sub-consultant's background and specific expertise that they bring to this project,
including sample representations of both landscaping and interior design projects.
A.6 Indicate your firm's background and experience with high efficiency building systems
/envelope development within in a remodel/renovation project.
SECTION B: PROPOSED DESIGN PROCESS
BA Describe in detail the steps that your Team would follow, including the incorporation of
user group participation, in renovating these two buildings for the City.
8.2 Assuming that as the successful team you are given a contract for the design work,
please provide a typical schedule that you would follow from as-built, schematic design, design
development, interior design, etc. through completion of bid documents.
8
provided by law. If the Architect is comprised of more than one legal entity, each such
entity shall be jointly and severally liable thereunder.
8. Changes In Plans and Specifications. In the event that competitive bids
based on the Final Plans exceed the Master Budget by more than4w^ A.,a-ane-half five
k2� %) ff& percent, the Architect shall, at no cost to the City above the Basic Fee as
defined in Article IV, Section A below, make any changes in approved plans and
specifications, as approved bV the Citv, as are necessary to secure a new construction
bid which does not exceed cost estimates approved by the City and ensure that the
Project is completed pursuant to the Master Schedule.
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9. Public Agency Approvals, The Architect shall assist and cooperate with
the City's Project Manager in applying for and securing all required approvals from public
agencies having jurisdiction over the Project. The Architect shall provide in a timely
manner all documentation, drawings, plans, and specifications and such other materials
as the City or Project Manager may request to secure such approvals.
10. Cooperation. Architect agrees to cooperate with, and coordinate
Architect's and Architect's consultants' services with those services provided by the
City's Project Manager.
11. Designation of Representative of Consultant. Architect has furnished to
the City a list of the names of the principal persons employed or retained by the Architect
in discharging its obligations under this Agreement, stating the position and function of
each such person. This list is attached to this Agreement as Attachment "C". It is
expressly understood that the experience, knowledge, capability, and reputation of the
foregoing persons are substantial inducement for the City to enter into this Agreement.
The foregoing persons shall be responsible during the term of this Agreement for
directing or performing all activities of the Architect and devoting sufficient time to
personally supervise the Services required pursuant to this Agreement. No change in
such staffing shall occur without the prior approval of the City, except that in the event
any of these named persons should leave the Architect for any reason, Architect may
propose to the City a substitution and such substitution shall be subject to the approval
of the City. Architect is engaged by the City for its unique and expert qualifications and
abilities. Architect may not, therefore, delegate any of its duties under this Agreement,
except to the extent that delegation of work to City's employees is contemplated. No
work shall be subcontracted without the written consent of the City.
C. Needs Assessment and Programming Phase
1. Programmatic Documents. The Architect shall be responsible to conduct
a facility needs assessment as described in Exhibit "B" and which will include a visit to
the existing building sites, careful review of the facilities and operations, and interviews
of the library staff, user-group and other related city staff and meetings with affected and
interested groups as may be identified and recommended by the Program Manager,
including without limitation the Library Board of Trustees and board of the Friends of the
Library. The deliverable under this phase shall be a complete profile of the needs of the
proposed buildings, including without limitation recommendations for each building that
17
The Construction Documents shall be in such form as will enable the City to: (1)
Secure any required approvals and permits for the construction of the Project; (2) Obtain
by open and competitive bidding a responsible bid that does not exceed the City's
proposed budget for the Project; and (3) Permit any qualified, licensed contractor to
perform the construction of the Project. The Architect shall also prepare reproducible
working drawings and prepare specifications by an acceptable photo reproduction
process. The Construction Documents shall also be stored or replicated in a suitable
electronic and/or digital format or formats as determined by the City so that the
Construction Documents may be easily transmitted, accessed, and duplicated over the
internet, through the City's or Project Manager's web sites, or via other accepted
electronic means.
The Architect shall submit to the City a copy of all calculations, including, but not
limited to, drainage, structural, mechanical, electrical, acoustical, and sanitary design
calculations, prior to the City's final acceptance of the Final Plans. The Final Plans shall
be drawn legibly and be of such quality and workmanship that clear and legible duplicate
transparencies or prints, uniform in size, may be obtained. Final specifications shall be
typed using paper 8 '/2 x 11 inches in size and shall be reproduced using a clearly
legible duplicating process. Before delivery to the City, the Deliverables as required
pursuant to Exhibit "B" shall be assembled with heavy stock covers or comparable form,
and shall be checked, verified, and approved as complete and accurate by the Architect.
When, in the opinion of the Architect, final drawings and specifications are
complete, they shall be submitted to the City for its review and approval. The Architect
shall make all City, State or other public agency-requested changes, additions,
deletions, and corrections in the final working drawings and specifications so long as
they are not in conflict with the requirements of public agencies having jurisdiction or
previous approval.
2. Interior Design: In submitting the Construction Documents to the City for
review and approval, the team's Interior Designer shall provide selections of furniture, /
skgnage, colors, textures, finishes, and other matters involving aesthetic decisions. The P/
Architect shall submit these selections to the City sufficiently in advance of any deadline
so that the City can make selections without causing delay. In no event shall the
Architect submit selections less than 30 days prior to the time that work requiring such
selections commences. Note that separate specifications shall be prepared for the
furniture and equipment as the City will bid this separately and not thru the general
contractor. The general contractor will be responsible for coordinating the delivery of
such City purchased furniture and equipment.
3. Construction Document Phase Estimate. At the conclusion of the
Construction Document Phase, the Architect shall revise its estimate of the Project's
total construction cost as may be necessary in light of the Final Plans,
4. Construction Document Phase Schedule. The Architect shall complete all
obligations set forth in this Section F - Construction Document Phase no later than the
time frame specified in the Master Schedule, Exhibit "F".
G. Bidding Phase
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c4`'�°"`'�P City Council Staff Report
Date: March 25, 2009 CONSENT CALENDAR
Subject: APPROVAL TO RELEASE SOQ 14-09 FOR ARCHITECTURAL DESIGN
TEAM SERVICES FOR THE RENOVATION AND REPURPQSING OF
THE WELWOO❑ MURRAY MEMORIAL LIBRARY AND JC FREY
BUILDINGS
From: David H. Ready, City Manager
Initiated by: Library Services and Procurement
SUMMARY
The City is supportive of providing library services to the residents of, and visitors to,
Palm Springs. To that end when the leases on both the Welwood Murray Memorial
Library and the JC Frey building expired, the City desired to use these spaces for
expansion of library and visitor services into downtown and additional library space for
the main library. Both buildings need significant repair and remodel before they can be
repurposed and used by the public.
The Statement of Qualifications (SOQ #14-09) document for Architectural Design Team
Services for the renovation of these buildings is complete and staff is requesting
approval to proceed with the SOQ process. Approval of this project will allow staff to
proceed with this project, and bring forward at a future date a recommendation for
award for a contract to the successful firm. The estimated cost (including all soft costs,
FF&E and construction) is $2,358,000 for the Welwood Murray Memorial Library and
$995,500 for the JC Frey Building, for a total estimated project cost of $3,353,500. Note
that of this total, the construction (only) cost estimate for the Welwood is $1,550,000
and for the JC Frey is $615,000. See the attached Preliminary budget estimate
breakdown.
RECOMMENDATION:
1) Approve the release of SOQ #14-09 for Architectural Design Team Services for
the renovation of the Welwood Murray Memorial Library and JC Frey Building.
STAFF ANALYSIS:
One of the major goals of the City Council is Downtown Revitalization. The corner of
Palm Canyon Drive and Tahquitz Canyon Way is the heart of downtown. The current
Welwood Memorial Library, built in 1940, has been an under-utilized facility since 1992
7FMi NO, Z. N .
when it was closed as a City library branch. Since the land on which the building was
constructed was donated by George Welwood Murray and Cornelia White for the sole,
and forever, purpose of holding a public library, the City has decided to make the
building part of its Downtown Revitalization efforts. In order for a reopened library to
succeed both as a library and an economic development generator, the building must
be both renovated and repurposed into an attractive, safe, and high tech and high
interest library/information facility that will be a draw to the walking public. This will
include complete renovation of all systems (electrical, plumbing, HVAC) roof, windows,
doors, and possible removal of lead and/or asbestos. In addition, the interior will have
to be gutted to allow for re-spacing and repurposing of the facility.
The JC Frey building was originally constructed as a Jaycees card hall in 1965. Over
the last 6+ years it has been leased by the City to a non-profit group, Well in the Desert,
as a homeless resource and feeding center. It is adjacent to the main Library and
shares the parking lot. The main library is currently too small to accommodate 215t
century library services and functions. Funding for a costly expansion to the building
was not feasible, so since the lease on the building has expired and a new homeless
resource center will be open soon, the Library will use this space to help alleviate the
current space shortage in the main building. As with the Welwood Murray Memorial
Library, the building needs to be completely rehabbed and repurposed into a high tech
Teen Library/Homework center in addition to housing literacy, the Friends of the Palm
Springs Library and some small meeting rooms.
The estimated total cost for this project is $3,363,600. Approval of the recommended
action will allow staff to proceed with releasing the SOO for architectural services for
this important project.
FISCAL IMPACT:
This project will be funded from the following sources:
Bond funds= $2,260,000, Measure Y funds= $500,000, Library endowment funds=
$300,000 and Friends of the Library= $300,000 (total is $3,360,000).
Submitted:
Barbara Roberts' Craig Gladder
Director of Library Services Procurement ntracting anager
David H. Ready Thomas J. Wil,�n
City Manager Assistant City anager
Attachments:
1. Preliminary Budget
2. SOQ #14-09 document
YJ(y
WELWOOD MURRAY LIBRARY/J.J FREY BLDG REMODELS
Prelimnary Budget March 9, 2009
WELWOOD JC FREY
Soft Costs
Building Condition Report 15,000 8,000
Hazardous Material Report 15,000 2,000
Architectural Fees 200,000 95,000
Planning Fees 1,500 1,000
Plan Check Fees 2,500 1,500
Advertising 1,000 1,000
Blueprinting 6,000 5,000
Admin/Owners Rep, 87,000 47,000
Special Inspection and Testing 20,000 10,000
Sub Total Soft Cost 348,000 170,500
Other Casts
FF&E 350,000 150,000
Security System 50,000 25,000
Closed Circuit TV 60,000 35,000
Sub Total Other Costs 460,000 210,000
Construction Costs
Hazardous Material Removal 200,000 15,000
Construction Budget 1,000,000 500,000
Restrooms 100,000 0
Landscape/Patios 100,000 50,000
Contingency 150,000 50,000
Total Construction Costs 1,550,000 615,000
Total Pr� o'ec_ t� 2,358,000 995,500
Grand Total 3-353-500
Funding Sy ources
Redevelopment Bond Proceeds 2,260,000
Measure"Y" 600,000
Friends 300,000
Trust Fund 300,000
Total Available 3,360,000
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CITY OF PALM SPRINGS, CALIFORNIA
REQUESTFOR
STATEMENTS OF QUALIFICATIONS (SOQ) # 14-09
FOR
ARCHITECTURAL DESIGN TEAM SERVICES FOR THE RENOVATION AND
REPURPOSING OF THE
WELWOOD MURRAY MEMORIAL LIBRARY AND JC FREY BUILDING
MARCH 2O09
City of Palm Springs
Procurement and Contracting Division
3200 East Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263.2743
(760) 322-8373
1
CITY OF PALM SPRINGS
STATEMENTS OF QUALIFICATIONS (SOQ) #14-09
For
ARCHITECTURAL DESIGN TEAM SERVICES FOR THE WELWOOD MURRAY MEMORIAL
LIBRARY AND JC FREY BUILDING
Statements of Qualifications (SOQ 14-09), for providing Architectural Design Team services for
the renovation and repurposing of the Welwood Murray Memorial Library and JC Frey building
for the City of Palm Springs, CA will be received at the Office of Procurement & Contracting,
3200 East Tahquitz Canyon Way, Palm Springs, California, until 2:00 P.M. LOCAL TIME, xxxx,
xxxx x, 2009. It is the responsibility of the Proposer to see that any submittal sent through the
mail shall have sufficient time to be received by this specified date and time. The receiving time
in the Procurement Office will be the governing time for acceptability of submittals.
Telegraphic, telephonic, faxed or emailed submittals will not be accepted. Late submittals will
be returned unopened.
SCHEDULE:
Notice for Request for Statements of Qualifications posted and issued ...............March xx, 2009
Deadline for receipt of Questions.............................................2:00 P.M., xxx, xxxx xx, 2009
Deadline for receipt of Qualifications..........................................2:00 P.M., xxx, xxx xx, 2009
Short List! Interviews ("if desired by City).........................................................---------------------TBD
Contractawarded ...................... -- .. .. -- .. .............................................................. TBD
1. PURPOSE: The City of Palm Springs is soliciting statements of qualifications from qualified
architectural firms with expertise in the renovation of historic buildings, and renovation and
repurposing of existing buildings. The services shall include a professional full service
Architectural team including Mechanical, Electrical, Plumbing and Structural engineering,
Landscape Architecture, Interior Design and Independent Cost Estimating services required to
design and develop construction documents for the renovation of the Welwood Murray Memorial
Library (referred to as "The Welwood Library"in this document) and the JC Frey building within
the existing walls/footprint of each structure.
2. BACKGROUND: Palm Springs lies on the western edge of the Coachella Valley in central
Riverside County approximately 107 miles east of Los Angeles. Palm Springs covers a
geographical area of 96 square miles with well-established neighborhoods. Recently there has
been a fascination with mid-century modern architecture - something Palm Springs is proud to
have as part of its mix of eclectic design styles.
Because it is only a two-hour drive from Los Angeles, Orange and San Diego counties, there
are a large number of second homes in Palm Springs. The permanent population is 53,347 as
of 2007, with another 27,000 to 30,000 people living in the City in the winter, bringing the total
population to almost 83,000 residents during the winter season.
This RFP will encompass two completely different types of buildings. One, the Welwood
Library, is a 1940 "V' shaped Al historical building (*exterior shell off) which was the original
public library in the heart of downtown Palm Springs. Since 1992, it has been operated by
volunteers as a private reading room and now needs to be converted to a high tech branch
library of the City library system. The other, the JC Frey building, was built in the 19605 as a
Jaycees card hall, currently being used as a homeless resource center, that needs to be
converted to an public annex of the main library in Palm Springs, which is adjacent across the
parking lot-
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The Welwood Library, the first permanent public library, was opened in 1940 on historic Palm
Canyon Drive, and has been a much loved point of pride for the City ever since. As the City
grew, the library system grew, and in the late 1980s there were four library facilities. However,
by 1992 all branches were closed because of the state's fiscal crisis, leaving the current Library
Center building on Sunrise Way as the City's only library building.
The 4,933 sq. ft. Welwood Library building is located on the southeast corner of the intersection
of Palm Canyon Drive and Tahquitz Canyon Way. It holds center stage on the busiest and most
visible corner in the downtown core. Since it was closed as an official City library branch in
1992, it has had only limited basic maintenance with the exception of the installation of a rear
entrance disability ramp in the early 2000s. The building exterior was given Al historical
designation in October, 1984.
The JC Frey building is located just east of the main library across the parking lot at 1911 E.
Beristo Road, just east of Sunrise Way. Built in 1965, the building is T-shaped with 3,490 sq. ft.
In the late 1990s, the City of Palm Springs granted the non-profit organization, Well in the
Desert, use of the building as a location to provide a hot meal to the homeless and nearly
homeless. Services provided in the building have increased over the years and now include,
breakfast and lunch as well as counseling and social services. With the completion of the new
west valley homeless resource center north of 1-10, this building will be taken back by the City to
be used as much needed additional space by the current main library.
The Library is a department within the City of Palm Springs. The City Council appoints the five
member administrative Board of Trustees who operate under the Education Code of the State of
California. The Board of Trustees and the City Manager appoint the City Librarian.
Operating statistics from Fiscal Year 2007-2008 for the Library Center are as follows:
➢ Staff—23.45 FTF
➢ Total book collection — 126,243
--Children's —28,486
--Young adult— 3,006
➢ Serials —2,520
➢ CDs, DVDs, Books on CD, Books on Tape—21,983
➢ Spanish language collection -- 6,552
'r School age program attendance — 1,715
Y Pre-school age program attendance—2,706
➢ Adult program attendance — 3,067
➢ Total patron visits—300,000
The newly completed Strategic Services Plan for the Palm Springs Library stresses the
following services:
➢ Cultural Diversity— promoting appreciation and understanding of one's own heritage and
the heritage of others in the community.
Y Community Gathering Place— residents will have safe and welcoming physical places to
meet and interact with others or to sit quietly and read, and will have open and
accessible virtual spaces that support social networking and interaction.
➢ Connecting to the online world — residents will have high-speed access to the digital
world with no unnecessary restrictions enduring that everyone can take advantage of the
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ever-growing resources and services available through the Internet and other emerging
technologies
Early Literacy— Children from birth to age five will have programs and services designed
to ensure that they will enter school ready to learn to read, write and listen.
➢ Current Topics and Titles— reading, viewing and listening for pleasure
➢ Lifelong learning — providing information and resources that satisfy curiosity and support
self-directed personal growth and development opportunities for the community and for
the Library organization.
The demographics of Palm Springs has changed over the years. While still a tourist destination,
the resident base has changed from predominantly wealthy and retired Caucasian to middle and
low income residents, 31% of whom are Hispanic. The average age is 45, yet young people
under the age of 18 account for only 19% of the population. There is a large influx of gay
residents and two income households with no children. The senior population, those residents
over age 65, is about 22% of the resident population.
Thus the focus of the Palm Springs Public Library is changing to meet the needs of this very
diverse community. To achieve the goals set for the service responses of the Strategic
Services Plan, the current Library building's space needs to augmented with a branch in
downtown and expansion space in the current JC Frey building.
It is the intention of the City to hire a team that is led by an Architectural firm that has
demonstrated experience in the renovation of historic buildings, and renovation and repurposing
of existing buildings. Furthermore, the City seeks a multi-disciplined full service Architectural
team that includes mechanical, electrical, plumbing, and structural engineering services as well
as landscape and interior design services (FF&E) and third party cost estimating though-out the
design process.
3. SCOPE OF WORK: The successful design team will be asked to develop a design and
working drawings/bid documents for the renovation of both buildings. The team will be
expected to be multi-disciplined in that the renovation of the buildings as well as the-necessary
on-site improvements will be designed by the team, including mechanical, electrical, structural,
landscaping and interior design (FF&E), while also providing independent cost estimating at
Conceptual Design/Design Development/Construction Documents phases. The City shall
provide to the successful firm a report on the current physical condition of each building
including a structural, mechanical, electrical and independent hazardous materials analysis.
This analysis is in process and not yet available. The estimated construction cost for the
Welwood Library is $1,550,000, and $615,000 for the JC Frey Building, for a total construction
estimate of$2,165,000.
Resources that will be available for use for this project include, but are not limited to: some
floorplans and site plans of the Welwood Library, a floor plan of the JC Frey building, the
Library's Strategic Service Plan 2009-2013, staff availability for meetings and brainstorming,
and City Planning Department personnel.
SITE AND BUILDING INVESTIGATION
The City shall provide for both the Welwood Library building and the JC Frey building a
complete building inspection report including, but not limited to:
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structural review
➢ mechanical review (plumbing, HVAC, fire suppression)
electrical review(lighting, receptacles, data, telephone, fire alarm)
➢ hazardous materials review
The successful architectural firm shall utilize the information provided and then conduct an
architectural review (interior and exterior) of both buildings for the potential of the repurposing of
both buildings (within their existing walls). Programming and square footage assignments for
both buildings will be a key element of the architectural services to be provided.
PLAN ALTERNATIVES
The work will include: exterior renderings; conceptual sketches; bubble designs for program
spaces and square footage assignments; site plans; interior design plans (FF&E) and final
architectural drawings with costing of all options available. These plans will meet all
requirements of building and local community codes. The City does not have access to the
original architectural plans for either building, therefore "As-Builts" will have to be developed by
the design team for both buildings. In the case of the Welwood Library, there is an existing
exterior patio that, depending on the easements, may be incorporated into this scope of work,
as well as a review of the restroom facilities on-site as well as a review of restroom facilities in
an adjacent privately owned office/retail structure. The City is currently researching and shall
provide further guidance to the successful firm regarding the status of the patio and adjacent
restroom facilities.
The successful design team will be expected to engage with and respond to the feedback
provided by the steering committee (stakeholders from the Library, downtown, Friends of the
Library, Library Board of Trustees, and other community members) to ensure that the design is
representative of the needs of the community. The team will be expected to make
presentations to the various interest groups, the Historic Preservation Board (for any
modification to the exterior of the Welwood Library), the Architectural Advisory committee, the
Planning Commission and the City Council as required for various approvals.
The architectural work will use the following visions for each building:
Welwood Murray Memorial Library
The NEW Welwood Interactive Library will be the downtown intersection, literally and
figuratively, between residents, businesses and visitors. Its mission will be to appeal to the
client base of downtown area residents, the business community, tourists, and, culture seekers
by representing:
• The larger, comprehensive Library Center
• The Business Improvement District
• Main Street merchants
• Art Museum
• Bureau of Tourism
The concept is based on overlapping and complimentary high technology and seating areas
throughout the building.
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• Library
--computer connection to Library catalog to search for materials and place
holds
--on-line library card registration
--collection of best sellers, new books, DVDs, CDs
--staff information kiosk
--self-service check out, holds pick-up
• Tourist information
--Microsoft surface multi-touch screen containing map of the City with major
attractions. Touch to enlarge the map.
--online access to area restaurant menus
--hotel, inn, resort information
--event information
• Social networking
--PC computer access for express email
--wireless access for laptop email
--Skype enabled PC for visual computer communication
• Computing
--PC and wireless access to the Internet
--PC access to word processing
• News
--local, national and international newspapers available in hardcopy and online
--plasma screen TV with streaming CNN news coverage and stock report
feeds
--current high interest periodicals
• Sound and vision
--CD listening stations
--DVD viewing stations
--downloadable audio station
• Interactive technology
--Wii games, Nintendo Wii
--Kindle and Sony ebook readers
--Sony electronic mind games
• Community
--space for exhibits in collaboration with the Art Museum, author or
business lectures, downtown group meetings, library programs, etc.
The Library will stress access, relaxation, self-service, and connectivity to information and
people. Covered beverages and simple snacks will be welcome. High-tech, hip and
happening!
JC Frey Building
This building will need to serve as an exciting, yet practical addition of space for the main
Library, while being visually connected to the main Library.
Functions to be housed in this building include:
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• Relocation of the current Teen Zone located in a small space in the Main Library. The
new space will contain:
--Internet accessible computers
--homework center
--teen materials (books, DVDs, CDs, magazines)
--lounging area with access to music and vending machines
• Friends of the Library work area to sort books, store materials, and provide office space
• beep storage for the main Library
• Small meeting rooms for the public that can be used for literacy tutoring
• Wireless capability
4. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based
Selection process to select a firm to provide the services covered by this solicitation. A firm may
be selected from the initial qualification statements as requested in this phase of the SOQ, or if
deemed necessary, a limited number of firms may be invited to make a formal presentation. If
undertaken, the format, selection criteria and date of the presentation will be established at the
time of short listing. Participation in any presentation is at the sole expense of the proposer.
5. PROPOSAL EVALUATION CRITERIA: This solicitation has been developed in the request
for "Statement of Qualifications" format. Accordingly, Teams should take note that the City will
consider multiple factors in selecting a successful Team. Price is NOT sought at this time nor
will price be accepted or evaluated as part of the ranking criteria. The highest ranked team
will be asked to submit a cost proposal and detailed scope of work at a later date which the City
may use as a basis for negotiating a contract with the team. Should successful negotiations not
occur with the highest ranked team, the City may, at its sole discretion, choose to enter into
negotiations with the second highest ranked team, and so on.
A Qualifications Evaluation Committee, using the following evaluation criteria totaling 100
points, will evaluate all responsive submittals to this SOQ. If the Evaluation Committee requests
formal presentations or interviews of short listed firms, the format and presentation evaluation
criteria shall be provided at the time of short listing. Teams are requested to submit their
qualifications submittals so that they correspond to and are identified with the following specific
evaluation criteria:
A. Team Qualifications, Qualifications of Personnel Assigned to the
Project— including the Lead Designer/Project Manager(35 points)
B. Proposed Design Process (30 points)
C. References and Experience with Projects of Similar Size and Scope (30 points)
D. Local Expertise Demonstrated on the Team (up to 5 points awarded to firms
that qualify as a Local Business and submit a valid business license as more
fully set forth in Section DA below, pursuant to the City of Palm Springs Local
Preference Ordinance 1756).
6. PROPOSAL CONTENTS: Teams are requested to format their submittals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 5 above. The submittals must be in an 8 '/2 X 11 format, may be no more than a
total of thirty (30) pages (sheets of paper, double sided), including an organization chart,
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staff resumes and appendices, and cover letter. Dividers, Atlachment "A" and Addenda
acknowledgments do NOT count toward the 30 page limit. Interested teams shall submit
EIGHT (8) (one original plus seven copies) of its submittal by the deadline.
All submittals shall be sealed within one envelope and be clearly marked, "SOQ #14-09,
STATEMENT OF QUALIFICATIONS FOR ARCHITECTURAL DESIGN TEAM SERVICES FOR
THE RENOVATION OF THE WELWOOD MURRAY MEMORIAL LIBRARY AND JC FREY
BUILDING". Submittals not meeting the above criteria may be found to be non-
responsive. At a minimum, teams must provide the information identified below. All such
information shall be presented in a form that directly corresponds to the numbering scheme
identified below.
SECTON A: TEAM QUALIFICATIONS, QUALIFICATIONS OF PERSONNEL ASSIGNED TO
THE PROJECT (including the Lead Designer/Project Manager) AND EXPERIENCE WITH
PROJECTS OF SIMILAR SIZE AND SCOPE
A.1 State your firm's complete name, type of firm (individual, partnership, corporation or
other), telephone number, FAX number, contact person and E-mail address. If a corporation,
indicate the state the corporation was organized under.
A.2. State the name and title of the firm's principal officer with the authority to bind your
company in a contractual agreement.
A.3 Describe your firm's background and qualifications in the type of design effort that this
project will require, specifically identifying experience with the renovation of historic buildings (in
this case Class A-1 exterior shell only).
A.4 List the name and qualifications of the key staff members that will be assigned to this
project. Provide detailed qualifications of the Lead Designer/Project Manager that will be
assigned to this project, including representations of the Lead Designer/Project Manager's work.
A.5 Indicate the name of sub-consultant firms that will be utilized to make up your team.
Describe each sub-consultant's background and specific expertise that they bring to this project,
including sample representations of both landscaping and interior design projects.
A.6 Indicate your firm's background and experience with high efficiency building systems
/envelope development within in a remodel/renovation project.
SECTION B: PROPOSED DESIGN PROCESS
B.1 Describe in detail the steps that your Team would follow, including the incorporation of
user group participation, in renovating these two buildings for the City.
B.2 Assuming that as the successful team you are given a contract for the design work,
please provide a typical schedule that you would follow from as-built, schematic design, design
development, interior design, etc. through completion of bid documents.
B.3 Describe the type of presentation materials/processes/systems that your firm/team would
typically utilize in a project like this.
SECTION C: REFERENCES
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CA Describe a minimum of three (3) successful projects you have completed of similar size,
scope or complexity as this project. Provide contact information, including full name and a
current phone number, for each project identified.
C.2 For the representative successful projects completed, explain what design
issues/challenges you faced and how you solved them. Also, please comment on your design
philosophy and process for each.
SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM
DA Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding
contracts for services, including consultant services, preference to a Local Business shall be
given whenever practicable and to the extent consistent with the law and interests of the public.
The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid
physical business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or consultant operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition, "Coachella Valley"
includes the cities of Beaumont and Banning and the unincorporated areas between Banning
and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the
purpose of establishing such physical address.
The contractor or consultant will also, to the extent legally possible, solicit applications for
employment and proposals for subcontractors and subconsultants for work associated with the
proposed contract from local residents and firms as opportunities occur and hire qualified local
residents and firms whenever feasible.
The full local preference will be awarded to a Local Business. 1, 2 or 3 points may be awarded
to a non-local business that employs or retains local residents and firms for this project.
In order for a business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response and provide a copy of its current business license
or of those it employs for this ro'ect from a 'urisdiction in the Coachella Valle .
D.2 List all team members with local expertise. Clearly define their role in the overall design
process.
D.3 Discuss the availability of and access to the Lead Designer/Project Manager to discuss
and review the preparation of a plan and the implementation of a final plan from design through
preparation of final plans and specifications, award of construction bid, and oversight of
installation, administration of change orders and interpretations, and acceptance of project.
DEADLINE FOR SUBMISSION OF SOQs: All submittals must be received in the City of Palm
Springs, Office of Procurement and Contracting by 2:00 P.M., LOCAL TIME., xxx, xxxx x. 2009.
Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and
Contracting time/date stamp. It is the responsibility of the Proposer to see that any submittal
sent through the mail shall have sufficient time to be received by the Procurement Office prior to
the proposal due date and time. Late submittals will be returned to the Proposer unopened.
Submittals shall be clearly marked and identified and must be submitted to:
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City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager
QUESTIONS: Proposers, their representatives, agents or anyone else acting on their
behalf are specifically directed NOT to contact any city employee, commission member,
committee member, council member, or other agency employee or associate for any
purpose related to this SOO other than as directed below. Contact with anyone other
than as directed below.will be cause for rejection of a submittal-
Any y questions, technical or otherwise, pertaining to this request for Statements of
Qualifications must be submitted IN WRITING and directed ONLY to:
Craig Gladders, C.P.M.
Procurement & Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Craig.G ladders Cc)palmsprings-ca.gov
Interpretations or clarifications considered necessary in response to such questions will
be resolved by the issuance of formal Addenda to the SOO. The deadline for all
questions is 2:00 P.M., Local Time, xxxx, xxxx xx, 2009. Questions received after
this date and time may not be answered. Only questions that have been resolved by
formal written Addenda via the Division of Procurement and Contracting will be binding.
Oral and other interpretations or clarifications will be without legal or contractual effect.
FORM OF AGREEMENT: The successful Proposer will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the sample standard Professional Architectural Services Agreement provided in Attachment
"B" hereto. Please note that the Exhibits are intentionally not complete in the attached sample
document. These exhibits will be negotiated with the selected firm and will appear in the final
Agreement executed between the parties.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the
award.
AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide
all of the services identified in the SOQ document. However, the City reserves the right to
award a contract to multiple Respondents or to a single Respondent, or to make no award,
whichever is in the best interest of the City. It is anticipated that award of the contract will occur
at the next regularly scheduled City Council meeting after the evaluation committee has made
its final selection of the team to be recommended for award and a contract has been negotiated
and agendized for consideration. The decision of the City Council will be final.
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RESPONSIBILITY OF OFFEROR: All offerors shall be responsible. If it is found that an offeror
is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an SOQ without an
authorized signature, falsified any information in the submittal package, etc.), the submittal shall
be rejected.
PUBLIC RECORD: All documents submitted are subject to the California Code Section 6250 et
seq., commonly known as the Public Records Act. Information contained in the documents and
other SOQ materials may be made public after the review process has been completed,
negotiations have concluded and a recommendation for award has been officially agendized for
City Council consideration, and/or following award of contract, if any, by the City Council.
COST RELATED TO SUBMITTAL PREPARATION: The City will NOT be responsible for any
costs incurred by any offeror in the preparation of their submittal or participation in any
presentation if requested.
BUSINESS LICENSE: The successful team will be required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through
3.96, entitled "Business Tax".
SUBMITTAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to
waive any informality or technical defect in an SOQ submittal and to accept or reject, in whole or
in part, any or all submittals and to seek new SOQ's, as best serves the interests of the City.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the offeror to perform the Work and the offeror shall furnish
to the City all such information and data for this purpose as the City may request. The City
reserves the right to reject any submittal if the evidence submitted by or investigation of such
offeror fails to satisfy the City that such offeror is properly qualified to carry out the obligations of
the Contract and to complete the Work contemplated therein.
SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal will be
interpreted to mean that Proposer has hereby agreed to all the terms and conditions set forth in
all of the sheets which make up this Request for Statements of Qualifications, and any attached
sample agreement. Exceptions to any of the language in either the SOQ documents or
attached sample agreement, including the insurance requirements, must be included in the
submittal and clearly defined. Exceptions to the City's SOO document or standard boilerplate
language, insurance requirements, terms or conditions may be considered in the evaluation
process.
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ATTACHMENT "A"
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR
SUBMITTAL*
STATEMENTS OF QUALIFICATIONS (SOQ) # 14-09
FOR
ARCHITECTURAL DESIGN TEAM SERVICES FOR THE RENOVATION OF THE
WELWOOD MURRAY MEMORIAL. LIBRARY AND JC FREY BUILDING
SIGNATURE AUTHORIZATION
PROPOSER:
A. I hereby certify that I have the authority to submit this Statement of Qualifications
to the City of Palm Springs for the above listed individual or company. I certify
that I have the authority to bind myself/this company in a contract should I be
successful in my submittal.
SIGNATURE
B. The following information relates to the legal contractor listed above, whether an
individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
An individual;
A partnership, Partners' names.
A company;
A corporation
2. My tax identification number is:
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required
by including the acknowledgment with your proposal. Failure to acknowledge the
Addenda issued may result in your submittal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # is/are hereby acknowledged.
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ATTACHMENT "S"
SAMPLE AGREEMENT
AGREEMENT FOR PROFESSIONAL ARCHITECT SERVICES
This Agreement for Architect Services ("Agreement") is entered into this day of
, 20_, by and between the City of Palm Springs, a California charter city
("City") and xxxxxxx, Inc., a xxxxxxxx corporation ("Architect"). The City and Architect
are sometimes collectively referred to in this Agreement as the "Parties."
RECITALS
A- The City desires to renovate, repurpose and operate the Welwood Murray
Memorial Library and JC Frey building (the "Project")- The Project is located at 100 S.
Palm Canyon Drive (Welwood Murray Memorial Library) and 1911 E. Baristo Road (JC
Frey building) . A map of the Sites is attached as Exhibit "A" to this Agreement.
B. The City desires to have the Project designed and developed in an
integrated, functional, and attractive way so that the operational goals of the City can be
achieved while ensuring that the Project will be an environmental, cultural, social, and
governmental benefit to the City.
C- The City desires the services of a professional, highly qualified, and
expert architectural and/or engineering firm or team of firms, to act as the City's Architect
in the design and development of the Project, consistent with the City's desires.
D. The Architect is ready, willing, and able to provide the services the City
desires, perform all professional architectural, landscape architectural, interior design,
engineering, and essential facilities design services necessary for the Project, and meet
the City's expectations as described in these Recitals and in the City's Statement of
Qualifications, dated March xx, 2009 ("SOW).
E. The Architect represents that it is regularly and appropriately licensed to
practice architecture and/or engineering in the State of California and is qualiried and
expert in all respects to provide the required and desired services and that its officers
and employees are sufficient in number and posses the knowledge, experience, and
character necessary to qualify them individually as expert for the particular duties they
are to perform.
Whereas, the City and Architect agree as follows:
AGREEMENT
Article I. THE ARCHITECT'S BASIC SERVICES
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The Architect shall perform all "Basic Services," defined as all services set forth
in this Article I of the Agreement. The Architect's compensation for Basic Services shall
be as set forth in Article IV, Section A below.
A. Definitions
1. "Architect" means (name of Architect), and its officers, employees,
and consultants including the persons identified in Exhibit "E" to this Agreement.
2. "City" means the City of Palm Springs, California.
3. "Construction Budget" means the budget for the construction of the
Project as approved by the City including contingencies, and as may be amended
by the City.
4. "Construction Documents" means the detailed drawings and
specifications necessary for the construction of the Project, including the
Deliverables specifically described in Exhibit "B."
5. "Contractor' means one of the "Various Contractors."
6. "Deliverables" means each of the documents, plans, and other items
identified on Exhibit "B"" to this Agreement.
7. "Design Documents' means the final fully approved drawings, plans,
and specifications for the Project and certified as complete by the Architect.
8. "Estimated Construction Budget" means the estimate of the
Project's total construction cost as estimated by the Architect at the conclusion of
the Construction Document Phase as described in Section E of Article I of this
Agreement.
9. "Governmental Authorities" means all federal, state, and local
government agencies or bodies having jurisdiction over the Project.
10. "Governmental Regulations" means all requirements of all
Government Authorities including all laws, codes, rules, ordinances, and
regulations.
11. "Master Budget" means an estimate of costs of all components of
the work related to the Project and as further described and itemized in the Master
Schedule, including an allowance for reimburseable expenses and such other
additional costs as may be determined necessary by the City to facilitate the
review, approval, construction, and completion of the Project.
12. "Master Project Plan" means a general and overall concept
approach, including alternatives for scheduling and management, consistent with
the City's schedule, cost expectations, and general design requirements for the
Project.
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13, "Master Schedule" means the comprehensive schedule of work for
the Architect and the Various Contractors as generally prepared or revised by the
Project Manager. (See Exhibit "F")
14. "Project" means the renovation and repurposing of the Welwood
Library and JC Frey building on the Sites.
15. "Project Manager' means the City Manager or the City Manager's
designee.
16. "Reimbursable costs" means those costs incurred in producing
special models and renderings which have not been identified in Exhibit "B" and
producing copies of documents above the quantity of documents specified in
Exhibit "B" as authorized and approved by the City.
17. "SOQ" means the City's Request for Statements of Qualifications for
Architect Services, dated March xx, 2009.
18. "Services" means all of the duties and responsibilities described in
Article I of this Agreement, including without limitation Sections B, C, D, E, F, and
G thereof, and providing the Deliverables as described in Exhibit "B".
19. "Site" means the Welwood Library located at 100 S. Palm Canyon
Drive and the JC Frey building located at 1911 E. Baristo Road and is graphically
depicted on Attachment"A" to this Agreement.
20. "Various Contracts" means the agreements between the Various
Contractors and the City.
21. "Various Contractors" means all persons who have entered into an
agreement with the City to perform work on the Project or to perform services
related to the completion of the Project. For the purpose of this Agreement, the
term "Various Contractors" does not include the Project Manager or the Architect.
B. General Responsibilities
1. General Statement. The Architect shall prepare all plans, specifications,
and estimates for the Project, and observe the work of construction to ensure the work is
performed in compliance with the plans, specifications, and estimates. The Architect
shall ensure that the Project is designed and constructed in strict accordance with
Governmental Regulations-
2- Emplovees and Consultants. The Architect shall retain, at its sole cost
and expense, personnel who are properly skilled in various aspects of the design and
construction of the Project, including employees and third party engineers, consultants,
and technicians. The Architect shall retain personnel to perform, among other services,
structural engineering, mechanical engineering (including both HVAC and plumbing),
electrical engineering, landscape architecture, communications, essential facilities
design, and such other specialized engineering and consulting services as are required
for the design and construction of the Project.
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3. Performance Standard. Architect agrees to perform all services under
this Agreement (i) in an expeditious, expert, and professional manner; (ii) in accordance
with the highest and best standards of professional skill; and (iii) in accordance with
Governmental Regulations of Governmental Authorities. Except as may be otherwise
expressly provided in this Agreement, City and Architect agree that Architect shall not be
exonerated or relieved from liability or responsibility by reason of the fact that City has
reviewed, approved, or accepted any design or specifications prepared or recommended
by Architect in connection with the design of Project.
4. Correction of Errors. The Architect at its own expense shall provide such
services as may be necessary to correct errors, omissions, or conflicts which may occur
in the design documents prepared by the Architect or in the performance of services
under this Agreement and which are the fault or responsibility of the Architect or
Architect's Consultants, of every tier.
5. Accuracy of Plan. The Architect expressly warrants all plans, drawings,
specifications, and other design documents furnished for the Project are fully sufficient,
complete, and accurate in all respects and warrants that such plans, drawings, and
specifications will fulfill and be fit in all respects for the purpose for which they are
intended by the City.
6. City Acceptance. Any and all consents, approvals, or acceptances of the
City which may be required under this Agreement must be in writing in order to be
effective. Architect acknowledges that the City and its elected officials, employees and
staff are not experts or professionals in the fields of architecture, engineering, and
design and that the City will be relying entirely upon the expertise and professional
abilities of the Architect to prepare fully accurate and complete plans, drawings, and
specifications for the Project. City consents, approvals, and acceptances shall not be
construed as a finding or determination by the City that the plans, drawings, and
specifications or any part thereof are accurate or complete, nor shall such consents,
approvals, and acceptances be construed as a release or waiver of the obligation of the
Architect to provide accurate and complete plans, drawings, and specifications in
accordance with the highest and best professional skill, consistent with its obligations
pursuant to this Agreement, including without limitation the provisions of Paragraphs 3,
5, and 7 of this Section B of Article I of the Agreement.
7. Responsible for Quality and Accuracy. The Architect shall be responsible
for the professional quality, technical accuracy, and the coordination and adequacy of all
designs, drawings, specifications and other services furnished under this Agreement.
The Architect shall, without additional compensation, correct or revise any errors or
deficiencies in such designs, drawings, specifications, and other services. The Architect
shall be fully responsible for any and all costs, including any delay damages, incurred by
the City as a result of any error or omission in the designs, drawings, and specifications
for the Project. The City's review, approval, acceptance of, or payment for, the services
required under this Agreement shall not be construed to operate as a waiver of any
action arising out of the performance of this Agreement. The Architect shall be and
remains liable to the City in accordance with this Agreement and all applicable laws for
any and all damages to the City caused by the unsatisfactory or negligent performance
of any of the services furnished under this Agreement. The rights and remedies of the
City provided for under this Agreement are in addition to any other rights and remedies
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provided by law. If the Architect is comprised of more than one legal entity, each such
entity shall be jointly and severally liable thereunder.
8. Changes In Plans and Specifications. In the event that competitive bids
based on the Final Plans exceed the Master Budget by more than two and one half
(2.5%) percent, the Architect shall, at no cost to the City above the Basic Fee as defined
in Article IV, Section A below, make any changes in approved plans and specifications
as are necessary to secure a new construction bid which does not exceed cost
estimates approved by the City and ensure that the Project is completed pursuant to the
Master Schedule. In addition, the Architect shall, at no cost to the City above the Basic
Fee, make any other revisions in the approved plans and specifications as may be
necessary or desirable as long as those revisions do not constitute a significant or
material change in the direction and scope of the Project-
9- Public Agency Approvals. The Architect shall assist and cooperate with
the City's Project Manager in applying for and securing all required approvals from public
agencies having jurisdiction over the Project. The Architect shall provide in a timely
manner all documentation, drawings, plans, and specifications and such other materials
as the City or Project Manager may request to secure such approvals.
10. Cooperation. Architect agrees to cooperate with, and coordinate
Architect's and Architect's consultants' services with those services provided by the
City's Project Manager.
11. Designation of Representative of Consultant- Architect has furnished to
the City a list of the names of the principal persons employed or retained by the Architect
in discharging its obligations under this Agreement, stating the position and function of
each such person. This list is attached to this Agreement as Attachment "C". It is
expressly understood that the experience, knowledge, capability, and reputation of the
foregoing persons are substantial inducement for the City to enter into this Agreement.
The foregoing persons shall be responsible during the term of this Agreement for
directing or performing all activities of the Architect and devoting sufficient time to
personally supervise the Services required pursuant to this Agreement. No change in
such staffing shall occur without the prior approval of the City, except that in the event
any of these named persons should leave the Architect for any reason, Architect may
propose to the City a substitution and such substitution shall be subject to the approval
of the City. Architect is engaged by the City for its unique and expert qualifications and
abilities. Architect may not, therefore, delegate any of its duties under this Agreement,
except to the extent that delegation of work to City's employees is contemplated. No
work shall be subcontracted without the written consent of the City-
C. Needs Assessment and Programming Phase
1. Programmatic Documents. The Architect shall be responsible to conduct
a facility needs assessment as described in Exhibit "B" and which will include a visit to
the existing building sites, careful review of the facilities and operations, and interviews
of the library staff, user-group and other related city staff and meetings with affected and
interested groups as may be identified and recommended by the Program Manager,
including without limitation the Library Board of Trustees and board of the Friends of the
Library. The deliverable under this phase shall be a complete profile of the needs of the
proposed buildings, including without limitation recommendations for each building that
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includes: public computer areas, lounging/reading areas, materials shelving or display
areas, active social engagement spaces, storage, staff work spaces, study/meeting
rooms, and functional traffic patterns. The deliverable shall also include a listing of each
room or space, its use, and the proposed square footage.
2. As-Builts. It shall be the design team's responsibility to develop the
necessary as-built floor plans and other drawing that will be needed by the team to
design this project.
D. Schematic Design/Planning Submittal Phase
1. Schematic Design Documents. The Architect shall review the program,
schedule, and budget furnished by the City to ascertain the requirements of the Project
and shall meet with the City and the Project Manager to ascertain the requirements of
the Project and the Architect in order to understand the requirements of the City. The
Architect shall review with the City and the Project Manager proposed site use and
improvements, selection of materials, building systems and equipment, methods of
Project delivery, and alternative approaches to design and construction of the Project,
2. The Architect shall perform all services required to prepare preliminary
studies, schematic drawings, a preliminary project schedule, and site utilization plans,
including onsite and offsite facilities necessary for the Project, including any alternatives
as the City may request. The schematic drawings and site utilization plans shall show
the ultimate development of the Site and the proposed architectural concept of the
Project. The Architect shall actively solicit oral and written commentary from the City,
attend public meetings as required by the City, and consider comments from members
of the public and appropriate consultants prior to or as the documents are produced and
delivered.
The Architect shall deliver to the City all documents, drawings, sketches,
surveys, models and other materials prepared during the schematic design phase in
appropriate increments, as the documents are completed, on a daily and weekly basis,
for City's review and approval. The Architect shall perform all services required to
prepare architectural representation drawings for the Project that are suitable for
reproduction. The Architect shall furnish to the Project Manager the Deliverables as
specified in Exhibit "B After corrections have been made, the drawings and
specifications shall be submitted for the City's final approval.
3. Schematic Design Phase Cost Estimate. The Architect shall prepare a
preliminary estimate of the total construction cost of the Project based on the documents
developed during the Schematic Design Phase, The Architect shall prepare the
estimate on a square foot/unit cost basis, or more detailed computation if requested by
the City, considering prevailing construction costs and including all work for which bids
will be received.
4. Schematic Design Phase Schedule. The Architect shall complete all
obligations set forth in this Section D - Schematic Design Phase no later than the time
frame specified in the Master Schedule, Exhibit "F".
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E. Design Development Phase
1. Design Development Plans. Once the City has approved the Architect's
services performed during the Schematic Design Phase and has provided the Architect
with written notice to proceed, the Architect shall prepare Design Development Plans for
the Project. Such Design Development Plans shall consist of structural, mechanical and
electrical systems, telecommunications systems, floor plans, elevations, and other
drawings and specifications illustrating the size and nature of the entire Project. The
Design Development Plans shall specify the materials, quantities, structures, categories
of work and other work to be performed as part of the Project. The Design Development
Plans shall also include architectural presentation drawings to assist in presentation to
the City for approval and public review. The Architect shall actively solicit oral and written
commentary from the City, attend public meetings as required by the City, and consider
comments from members of the public and appropriate consultants as the documents
are produced and delivered.
The Architect shall deliver to the City all documents, drawings, sketches, models
and other materials prepared during the Design Development phase in appropriate
increments, as the documents are completed, on a daily and weekly basis or as
requested by the City. The Architect shall furnish to the Project Manager the
Deliverables as specified in Exhibit "B", including all modifications approved by the City,
including outline specifications, plans, sections, elevations, or perspective sketches to
the City for approval. One (1) set of such drawings will be returned to the Architect with
changes and corrections noted by the City. When final corrections are completed, the
Architect shall furnish the Project Manager with record sets as described in Exhibit "B."
2. Design Development Phase Estimate. During the Design Development
Phase, the Architect shall revise the preliminary estimate of the Project's total
construction cost as may be necessary in light of the Preliminary Plans.
3. Design Development Phase Schedule. The Architect shall complete all
obligations set forth in this Section E - Design Development Phase no later than the time
frame specified in the Master Schedule, Exhibit "F".
F. Construction Document Phase
1. Construction Documents. Once the City has approved the Architect's
services performed during the Design Development Phase and has provided the
Architect with written notice to proceed, the Architect shall prepare Construction
Documents for the Project. The Construction Documents shall consist of working
drawings, specifications, details, plans, elevations and schedules fully dimensioned,
noted and coordinated, setting forth in detail the work, materials, workmanship, finishes
and equipment required for the Project, including but not limited to the architectural,
structural, mechanical, electrical, and telecommunication service connected equipment.
The Architect shall ensure that the Construction Documents are consistent with the
Schematic Design Documents and the Design Development Plans. The Architect shall
prepare the Construction Documents in such a manner as to minimize substitution of
materials or products and requests for alternatives.
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The Construction Documents shall be in such form as will enable the City to: (1)
Secure any required approvals and permits for the construction of the Project; (2) Obtain
by open and competitive bidding a responsible bid that does not exceed the City's
proposed budget for the Project; and (3) Permit any qualified, licensed contractor to
perform the construction of the Project. The Architect shall also prepare reproducible
working drawings and prepare specifications by an acceptable photo reproduction
process. The Construction Documents shall also be stored or replicated in a suitable
electronic and/or digital format or formats as determined by the City so that the
Construction Documents may be easily transmitted, accessed, and duplicated over the
internet, through the City's or Project Manager's web sites, or via other accepted
electronic means.
The Architect shall submit to the City a copy of all calculations, including, but not
limited to, drainage, structural, mechanical, electrical, acoustical, and sanitary design
calculations, prior to the City's final acceptance of the Final Plans. The Final Plans shall
be drawn legibly and be of such quality and workmanship that clear and legible duplicate
transparencies or prints, uniform in size, may be obtained. Final specifications shall be
typed using paper 8 1/2 x 11 inches in size and shall be reproduced using a clearly
legible duplicating process. Before delivery to the City, the Deliverables as required
pursuant to Exhibit "B" shall be assembled with heavy stock covers or comparable form,
and shall be checked, verified, and approved as complete and accurate by the Architect.
When, in the opinion of the Architect, final drawings and specifications are
complete, they shall be submitted to the City for its review and approval. The Architect
shall make all City, State or other public agency-requested changes, additions,
deletions, and corrections in the final working drawings and specifications so long as
they are not in conflict with the requirements of public agencies having jurisdiction or
previous approval.
2. Interior_Design: In submitting the Construction Documents to the City for
review and approval, the team's Interior Designer shall provide selections of furniture,
colors, textures, finishes, and other matters involving aesthetic decisions. The Architect
shall submit these selections to the City sufficiently in advance of any deadline so that
the City can make selections without causing delay. In no event shall the Architect
submit selections less than 30 days prior to the time that work requiring such selections
commences. Note that separate specifications shall be prepared for the furniture and
equipment as the City will bid this separately and not thru the general contractor. The
general contractor will be responsible for coordinating the delivery of such City
purchased furniture and equipment.
3. Construction Document Phase Estimate. At the conclusion of the
Construction Document Phase, the Architect shall revise its estimate of the Project's
total construction cost as may be necessary in light of the Final Plans.
4. Construction Document Phase Schedule. The Architect shall complete all
obligations set forth in this Section F - Construction Document Phase no later than the
time frame specified in the Master Schedule, Exhibit "F
G, Bidding Phase
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1. Bidding Process Services. The Architect shall prepare and submit to the
City all documents necessary to obtain bids for the construction project. These
documents include, but are not limited to, bid proposals, instructions to bidders, general
and supplementary conditions, advertisement for bids, bonds, and bid tabulation forms.
These documents shall be in the format utilized by the City for its standard public works
projects. Prints shall be of the same size as the tracings from which the prints are made.
Upon the City's approval of the bidding documents, the Architect shall assist the City as
required in obtaining bids from qualified Contractors. During the period of bidding, the
Architect shall be available to interpret the drawings and specifications and to prepare
any addenda required before bids are received. After bids are taken, the Architect shall
assist in the interpretation of bids received, including the various alternates, if any. The
Architect shall aid in investigating and evaluating the responsiveness and responsibility
of the bidders. The Architect shall cooperate with and assist the City in preparing bid
tabulations and bid analyses as required by the City. When approved and directed by
the City, the Architect shall provide working drawings and specifications which include
alternate bids as deemed advisable by the Authority to bring the construction of the
Project within allowable cost and budget limits.
2. Bidding Phase Schedule. The Architect shall complete all obligations set
forth in this Section G - Bidding Phase no later than the time frame specified in the
Master Schedule, Exhibit "F
H. Construction Phase/Contract Administration Service
1. Administration of Construction Contracts. The Architect shall cooperate with the City
and the Project Manager in the administration of the construction contract and assist the
City and the Project Manager in assuring the proper performance of all work by the
Contractor and subcontractors under the construction contract and subcontracts. The
Architect shall attend all meetings at the site as scheduled by the City or Project
Manager and shall be onsite at all times during construction, except when excused by
the Project Manager and City, to observe and determine the quality of the Contractor's
performance as the work progresses. The Architect shall keep the Project Manager and
City advised as to the progress of the Project. The Architect shall promptly review
Contractor submittals, respond to requests for information, and, in cooperation with the
Project Manager, resolve questions from the Contractor. The Architect's actions shall be
taken with such reasonable promptness and in accordance with any time requirements
set for in the construction contract so as to cause no delay in the construction of the
Project, while allowing sufficient time in the Architect's professional judgment to permit
adequate review.
The Architect shall provide prompt written notice to the Project Manager and City
of any fault or defect in the Project or any material nonconformance with the Project
Plans. In observing the work, the Architect shall comply with the highest and best
standard of care customarily exercised by architects and engineers in performing
services for projects such as that covered by this Agreement. The Architect, with the
Project Manager's concurrence, shall reject work which does not conform with the terms
and intent of the Final Plans.
2. Schedule, Delays, and Progress Reports. The Architect shall cooperate
with and assist the Project Manager in ensuring that the Contractor prepares and
maintains adequate records of construction progress and time schedules. The Architect
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shall advise the Project Manager and City of any deviations from time schedules which
will prevent completion within the contract period.
3. Tests. The Architect shall specify, review, and interpret all investigation
and testing necessary for the completion of the Project and submit its findings and
determinations to the Project Manager. The Architect shall ensure that conditions
reflected in such testing and investigation do not conflict with contract requirements.
The Architect shall promptly inform the Project Manager and City of any deficiencies or
problems reflected in such testing and investigation, and make recommendations for
correction of those deficiencies and problems.
4. Shop Drawings and Equipment Lists. The Architect shall review
Contractor's submittals, shop drawings, material lists, and equipment lists for compliance
with contract documents. The Architect shall reject those which do not comply, or
indicate no exception to those which do comply. The Architect shall not make any
changes to the approved contract documents at any time without prior written approval
from the Project Manager and the City. The Architect shall submit reviewed shop
drawings as specified in Exhibit "B" for the City's file and advise the Project Manager in
writing of the results of such review.
5. Substitution of Materials and Products. The Architect shall review any
proposed substitution of materials or products from that required by the terms of the
specifications. The Architect shall recommend in writing approving or rejecting each
substitution. The Architect shall record all such substitutions in the final record drawings
described in subsection 14 of this Article.
6. Changes. The Architect shall promptly (1) review any proposed changes
that alter the function, quality, appearance, cost, or time of completion of a finished item
of work; (2) discuss any such proposed changes with the Project Manager; and (3)
recommend to the Project Manager whether any proposed change should be approved.
The Architect shall prepare in an expeditious and timely manner all necessary drawings,
specifications and other design or engineering documentation and supporting
calculations if required by such changes in accordance with any required time-frames
set forth in the construction contract. Changes shall not be commenced until the
Architect has received a written change order approved by the City and signed by the
Contractor. Where construction schedules require that the work be commenced prior to
the receipt of a change order, the Architect may direct the commencement of work upon
written approval of the Project Manager and the City.
7. Plans and Reports to Governmental Authorities. The Architect shall
furnish all prints, specifications, and other necessary papers, and make reports to the
Governmental Authorities.
8. Certificates for Payment.
a. The Project Manager will assemble a Project Application for
Payment by combining the Contractor's applications with similar applications for
progress payments from other Contractors and, after certifying the amounts due
on such applications, forward them to the Architect within seven days-
b. Within seven days after the Architect's receipt of the Project
Application for Payment, the Project Manager and Architect will either issue to
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the City a Project Certificate for Payment, with a copy to the Contractor, for such
amount as the Project Manager and Architect determine is properly due, or notify
the Contractor and City in writing of the Project Manager's and Architect's
reasons for withholding certification in whole or in part as provided in
Subparagraph 8c. Such notification will be forwarded to the Contractor by the
Project Manager-
C. The Project Manager or Architect may decide not to certify
payment and may withhold a Certificate for Payment in whole or in part, to the
extent reasonably necessary to protect the City, if in the Project Manager's or
Architect's opinion the representations to the City required by Subparagraph 8b
cannot be made. If the Project Manager or Architect is unable to certify payment
In the amount of the Application, the Project Manager or Architect will notify the
Contractor and City as provided in Subparagraph $b. If the Contractor, Project
Manager, and Architect cannot agree on a revised amount, the Project Manager
and Architect will promptly issued a Certificate for Payment for the amount for
which the Project Manager and Architect are able to make such representations
to the Authority. The Project Manager or Architect may also decide not to certify
payment or, because of subsequently discovered evidence or subsequent
observations, may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the Project Manager's
or Architect's opinion to protect the City from loss because of:
i. defective Work not remedied;
ii. third party claims filed or reasonable evidence indicating
probable filing of such claims;
iii failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment.
iv. reasonable evidence that the Work cannot be completed
for the unpaid balance of the Contract Sum;
v. damage to the City or another Contractor;
vi. reasonable evidence that the Work will not be completed
within the Contract Time, and that the unpaid balance
would not be adequate to cover actual or liquidated
damages for the anticipated delay; or
vii. persistent failure to carry out the Work in accordance with
the Contract Documents.
When the above reasons for withholding certification are removed, certification
will be made for amounts previously withheld.
9. Description Drawings and Interpretations. The Architect shall furnish all
details or incidental services necessary for the proper execution of the work, to include
all large scale or full size supplemental drawings required to describe the work for the
Project. The Architect shall complete these details and deliver them to the Project
Manager to prevent delay to the Contractor's operations. Tracings of all supplemental
drawings shall be furnished to the City and shall bear the approvals required of public
agencies having jurisdiction. If, during the construction, any dispute shall arise regarding
the true meaning of the drawings and/or specifications, the Architect shall render a
prompt interpretation.
10. Substantial Completion. In cooperation with the Project Manager, the
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Architect shall make an inspection at such time as the Project Manager shall determine
that the Project is substantially completed. On the basis of the inspection, the Architect,
in cooperation with the Project Manager, shall prepare and forward to the Contractor and
to the City a list of all deficiencies, including a list of those of a minor nature, commonly
called a "punch list," and notify the Contractor in a written notice accompanying the list
that all of the deficiencies must be corrected prior to acceptance of the Project.
11. Certificate of Completion. In conjunction with the Project Manager and
the Contractor, the Architect shall make a final inspection and, when satisfied, inform the
City upon completion of the Project that all provisions of the contract drawings and
specifications have been complied with and no changes in the work have been made
except as authorized in writing by the City and the Project Manager and as approved by
the applicable public agencies.
During the period of construction, the Architect shall cause its consulting
engineers to make or cause to be made all respective tests and inspections necessary
to secure the completion of various types of work falling under their respective division of
the work, and upon completion of the Project, the Architect shall cause each consulting
engineer to issue or cause to be issued a certificate stating that the work falling under
his or her administration has been performed in accordance with the drawings and
specifications and contract requirements.
12. Completion of Lien Time. At the completion of the lien period, the
Architect in conjunction with the Project Manager shall approve the final certificate of
payment to the Various Contractors.
13. Guarantees. The Architect shall cooperate with and assist the Project
Manager and the Various Contractors in securing in proper form and transmitting to the
City the necessary guarantees, instruction books, diagrams, operating manuals, and
documents to be furnished by the Various Contractors.
14. Record Drawings. The Architect shall consult with the
Project Manager and/or the Various Contractors in the compilation of information
necessary for the preparation of the record drawings required by this subsection.
a. Not later than the time specified in Exhibit "B" the Architect shall
review and forward the final working drawings and specifications, indicating on
them all changes made by change orders or otherwise under the construction
contract and all information called for on the specifications, and, in conjunction
with each Contractor, provide a "record" set of final working drawings which will
show, among other things, the location of all concealed pipe, buried conduit runs,
and other similar service elements within the Project, if applicable. The Architect
shall review and certify that the drawings are a correct representation of the
information supplied to it by the City and each Contractor and shall obtain the
certificate of the City and the Contractor that the drawings are correct-
b. On approval by the City of the completed "record" drawings, the
Architect, in conjunction with each Contractor, shall forward to the City the
complete set of original drawings corrected to "record" condition or a complete
set of reproducible duplicate drawings. The tracing shall be of such quality that
clear and legible prints may be made without appreciable and objectionable loss
of detail.
G. Prior to the receipt of Architect's final payment, the Architect, in
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conjunction with each Contractor, shall forward to the City one (1) clear and
legible set of reproductions of the computations, the original copy of the
specifications, the "record" drawings and the Architect's Certificate of
Completion.
15. Inspection Services. The Architect shall cooperate with and assist the
Project Manager and any inspector retained by the Project Manager in the performance
of any required or desired inspection services on the Site or related to the Project.
Article 11. THE CITY'S RESPONSIBILITIES
A. Provision of Information
The City shall, at the Architect's request, provide information regarding the
Project's requirements that is readily available to the City, including the overall
objectives, schedule requirements, budget information, space requirements, expansion
plans, special equipment, systems and site requirements.
B. Designated Representative
The City shall designate a representative to act on behalf of the City with respect
to all matters relating to this Agreement. The City representative shall render decisions
in a timely manner relating to the Architect's documents in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
C. Surveys
The City shall furnish the Architect, at the City's expense, with all existing
building floor plans and surveys of the Project sites in the possession of the City
depicting boundaries, physical characteristics, easements, rights-of-way, legal
limitations, and utility locations. In addition, the City shall provide information regarding
the restroom facilities in the Welwood Library-adjacent (Wessman) property and to what
extent, if any, these facilities may be utilized in this project.
D. Legal Services
The City shall furnish such legal services as may be necessary for the Project,
except that the City shall not furnish the Architect with legal services in connection with
any legal action that may be filed in any court of law or in the event of a dispute between
the City or the Project Manager, on the one hand, and the Architect, on the other, or
between the Architect and any of its employees, consultants or Contractors.
R Notice of Completion
When the Project is completed to the satisfaction of the Project Manager, the
City, and the Architect, and upon recommendation of the Architect, the Project Manager
shall recommend to the City that it accept the Project and authorize the Architect to
record a Notice of Completion. During the Contractor's guarantee period, the City shall
notify Architect in writing of any apparent deficiencies in materials or workmanship.
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Article III. COMPENSATION, PROGRESS PAYMENTS AND EXPENSES
A. Compensation for Services
1. Compensation for Needs Assessment and Programming Phase. The total
compensation to be paid for the Architect's Services and all related expenses for the
Needs Assessment and Programming Phase (Section 1. C. and Exhibit "B" of this
Agreement) is on a Not to Exceed Basis. The City shall pay no more than
xxxxxxxxxxxxxxxxxx ($xx) Dollars for such Services and related expenses. The City
shall not be liable or responsible for any amounts for the Services and expenses above
the amount of xxxxxxxxxxxxxxxxx ($xx) Dollars . The Services shall be billed to the City
and paid based upon an hourly rate basis. Each monthly invoice shall be reviewed and
approved by the Project Manager and, if approved, paid within 60 days of receipt of the
invoice.
THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER THIS
SECTION III. A. 1. IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE ARCHITECT'S SERVICES UNDER THIS
SECTION ARE COMPLETED, ARCHITECT WILL NEVERTHELESS COMPLETE THE
SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT
BEYOND THE MAXIMUM AMOUNT.
2. Compensation for Schematic Design/Planning Submittal Phase. The total
compensation to be paid for the Architect's Services and all related expenses for the
Schematic Design/Planning Submittal Phase (Section I. D. and Exhibit "B" of this
Agreement) is on a Not to Exceed Basis. The City shall pay no more than
xxxxxxxxxxxxxxxxxx ($xx) for such Services and related expenses. The City shall not be
liable or responsible for any amounts for the Services and expenses above the amount
of xxxxxxxxxxxxxxxxxx ($xx). The Services shall be billed to the City and paid based
upon an hourly rate basis. Each monthly invoice shall be reviewed and approved by the
Project Manager and, if approved, paid within 60 days of receipt of the invoice.
THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER THIS
SECTION III. A. 2. IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE ARCHITECT'S SERVICES UNDER THIS
SECTION ARE COMPLETED, ARCHITECT WILL NEVERTHELESS COMPLETE THE
SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT
BEYOND THE MAXIMUM AMOUNT,
3. Compensation for Design Development Phase. The total compensation to be
paid for the Architect's Services and all related expenses for the Design Development
Phase (Section I. E. and Exhibit °B" of this Agreement) is on a Not to Exceed Basis. The
City shall pay no more than xxxxxxxxxxxxxxxxxxxxxxx ($xx) for such Services and
related expenses. The City shall not be liable or responsible for any amounts for the
Services and expenses above the amount of xxxxxxxxxxxxxxxxxxxxxxxx ($xx). The
Services shall be billed to the City and paid based upon an hourly rate basis. Each
monthly invoice shall be reviewed and approved by the Project Manager and, if
approved, paid within 60 days of receipt of the invoice.
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THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER THIS
SECTION III. A. 3. IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE ARCHITECT'S SERVICES UNDER THIS
SECTION ARE COMPLETED, ARCHITECT WILL NEVERTHELESS COMPLETE THE
SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT
BEYOND THE MAXIMUM AMOUNT.
4. Compensation for Construction Document Phase. The total compensation to
be paid for the Architect's Services and all related expenses for the Construction
Document Phase (Section I. F. and Exhibit "B" of this Agreement) is on a Not to Exceed
Basis. The City shall pay no more than xxxxxxxxxxxxxxxxxxxxxxxxx ($xx) for such
Services and related expenses. The City shall not be liable or responsible for any
amounts for the Services and expenses above the amount of
xxxxxxxxxxxxxxxxxxxxxxxxx ($xx). The Services shall be billed to the City and paid
based upon an hourly rate basis. Each monthly invoice shall be reviewed and approved
by the Project Manager and, if approved, paid within 60 days of receipt of the invoice.
THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER THIS
SECTION III. A. 4. IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE ARCHITECT'S SERVICES UNDER THIS
SECTION ARE COMPLETED, ARCHITECT WILL NEVERTHELESS COMPLETE THE
SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT
BEYOND THE MAXIMUM AMOUNT.
5. Compensation for Bidding Phase, The total compensation to be paid for the
Architect's Services and all related expenses for the Bidding Phase (Section I. G. and
Exhibit "B" of this Agreement) is on a Not to Exceed Basis. The City shall pay no more
than xxxxxxxxxxxxxxxxxxxxxxx ($xx) for such Services and related expenses. The City
shall not be liable or responsible for any amounts for the Services and expenses above
the amount of xxxxxxxxxxxxxxxxxxxxxxx ($xx). The Services shall be billed to the City
and paid based upon an hourly rate basis. Each monthly invoice shall be reviewed and
approved by the Project Manager and, if approved, paid within 60 days of receipt of the
invoice.
THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER THIS
SECTION III. A.S. IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE ARCHITECT'S SERVICES UNDER THIS
SECTION ARE COMPLETED, ARCHITECT WILL NEVERTHELESS COMPLETE THE
SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT
BEYOND THE MAXIMUM AMOUNT.
6. Compensation for Construction Phase/Contract Administration Phase. The
total compensation to be paid for the Architect's Services and all related expenses for
the Construction Phase/Contract Administration Phase (Section I. H. and Exhibit "B" of
this Agreement) is on a Not to Exceed Basis. The City shall pay no more than
xxxxxxxxxxxxxxxxxxxxxxxx ($xx) for such Services and related expenses. The City shall
not be liable or responsible for any amounts for the Services and expenses above the
amount of xxxxxxxxxxxxxxxxxxxxxxxx ($xx). The Services shall be billed to the City and
paid based upon an hourly rate basis. Each monthly invoice shall be reviewed and
approved by the Project Manager and, if approved, paid within 60 days of receipt of the
invoice.
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THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER THIS
SECTION III. A.5. IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE ARCHITECT'S SERVICES UNDER THIS
SECTION ARE COMPLETED, ARCHITECT WILL NEVERTHELESS COMPLETE THE
SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT
BEYOND THE MAXIMUM AMOUNT.
B. Payments Withheld
Notwithstanding any other provision of this Agreement, the City shall not be
obligated to make any payment to the Architect if one or more of the following conditions
exist: (a) the Architect is in default of any of its obligations under this Agreement and
fails to cure such default prior to the date on which payment is due; (b) payment is
attributable to services which have not been performed in accordance with the terms of
this Agreement; or(c) the Architect has failed to make payments promptly to consultants
or other third parties In connection with the services for which the Authority has made
payment to the Architect.
Article IV. TERMINATION AND SUSPENSION OF THE AGREEMENT
A. The City's Right to Terminate the Agreement
1. Termination Without Cause. The City, in its sole and absolute discretion,
may terminate this Agreement without cause by giving the Architect written notice
thereof.
2. Termination Based on Abandonment of the Protect. The City may
terminate this Agreement in whole or in part if the City, in its sole and absolute
discretion, determines to abandon the Project in whole or in part for any reason
whatsoever.
3. Termination for Cause. The City, in its sole and absolute discretion, may
terminate this Agreement for cause in the event that (1) the Architect fails to properly
perform its services under this Agreement; (2) the Architect fails to perform its services
according to the schedule set forth in this Agreement; (3) the Architect fails to perform its
services according to the terms and conditions of this Agreement; (4) the Architect fails
to provide prompt, efficient and thorough service to the City; or (5) the City determines
that it is not satisfied with its working relationship with the Architect. If the City waives
any breach of this Agreement, such waiver shall not be deemed a waiver of any other
preceding or succeeding breach of the same or any other provision of this Agreement.
4, Written Notice of Termination. If the City determines to terminate this
Agreement for any reason, the City shall provide written notice of termination to the
Architect. The termination shall be effective upon the Architect's receipt of the written
notice.
B. The City's Right to Suspend the Agreement
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The City, in its sole and absolute discretion, may suspend the Architect's
services under this Agreement in whole or in part at any time and for any reason. If the
City determines to suspend the Architect's services, it shall provide written notice of the
suspension to the Architect. The suspension shall be effective upon the Architect's
receipt of the written notice.
C. The Architect's Compensation in the Event of Termination or Suspension
1. Termination_Without Cause, Abandonment or Suspension. If the City
terminates the Agreement without cause, for abandonment or suspends the Agreement,
the City shall pay to the Architect, within thirty (30) days of the effective date of the
termination or suspension, a sum of money sufficient to increase the total amount paid to
the Architect on the Basic Fee to an amount which bears the same ratio to the total
Basic Fee as the amount of services satisfactorily completed by the Architect prior to
termination or suspension bears to the entire services that Architect is required to
perform for the Project under this Agreement. For example, if the City terminates or
suspends this Agreement after the Architect has satisfactorily completed fifty percent
(50%) of its services under this Agreement, the City shall pay the Architect a sum of
money sufficient to increase the total amount paid to the Architect on the Basic Fee to
fifty percent (50%) of the Architect's total basic fee. In the event that the City resumes
the design or construction process under the Agreement after a period of suspension,
the Architect shall not be entitled to any additional compensation based on any
additional expense involved in resuming the project after a period of suspension.
2. Termination for Cause. If the City terminates the Agreement for cause,
the Architect shall be liable for all costs associated with said termination, including but
not limited to, the increased costs occasioned by the re-procurement of services by the
City to complete the Architect's scope of work. The City reserves its right to withhold
said costs from any monies due and owing to Architect.
D. Delivery of Documents in the Event of Termination or Suspension
Upon receiving written notice or termination or suspension, the Architect shall
promptly deliver to the City all documents in the Architect's possession, custody or
control that were prepared under this Agreement, including but not limited to all
preliminary studies, sketches, working drawings, specifications, cost estimates and
computations.
Article V. INSURANCE AND INDEMNITY
A. Insurance
1. Comprehensive_ General Liability and Automobile Liability Insurance.,
Architect shall maintain, at its sole cost and expense, an insurance policy providing
comprehensive general liability coverage covering the Architect as named insured with a
limit of not less than Two Million ($2,000,000.00) Dollars and automobile liability
insurance covering the Architect as named insured with a limit of not less than One
Million ($1,000,000.00) Dollars. The comprehensive general liability policy and the
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automobile liability insurance shall be endorsed to (1) name the City as additional named
insured, and (2) insure the obligation of the Architect to indemnify and hold harmless the
City and its officers, agents, employees, and consultants as set forth in Section V.B.
below.
2. Professional Liability Insurance. Architect shall maintain in full force and
effect throughout the term of this Agreement, professional negligence errors and
omissions insurance coverage in an amount not less than Two Million Dollars
($2,000,000.00) covering the Project only. The professional liability policy shall be
endorsed to insure the obligation of the Architect to indemnify and hold harmless the City
and the Project Manager and their respective officers and employees as set forth in
Section V.C. below.
If the policy of insurance is written on a "claims made"basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement, and for a
period of three (3) years after the date of the completion of the Services. In the event of
termination of said policy during this period, Architect shall obtain continuing insurance
coverage for the prior acts or omissions of Architect during the course of performing
services under the terms of this Agreement. Said coverage shall be evidenced by either
a new policy evidencing no gap in coverage, or to obtain separate extended "tail"
coverage with the present or new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this Agreement,
or until completion of the services provided for in this Agreement, whichever is later. In
the event of termination of said policy during this period, new coverage shall be obtained
for the required period to insure for the prior acts of Architect during the course of
performing services under the terms of this Agreement.
3. Worker's Compensation. Architect shall maintain, at its sole cost and
expense, an insurance policy providing protecting the Architect from claims under
Worker's Compensation Acts-
4- Insurance of Architects' Consultants. Architect shall ensure that all sub-
consultants hired by Architect to perform services in connection with this Agreement
shall maintain, at their sole cost and expense, insurance policies providing professional
liability coverage or all claims in a minimum aggregate amount of Two Million
($2,000,000.00) Dollars.
5. Valuable Document Insurance. Architect shall carry adequate insurance
on all drawings and specifications as may be required to protect the City in the amount
of its full equity in those drawings and specifications.
6. Insurance Certificates. Architect shall promptly furnish certificates and
endorsements to the City showing the insurance coverage required by this Section V.A.
7. Insurance Standards. All insurance required in this Section A of Article V
of the Agreement shall provide that coverage thereunder may not be reduced or
canceled unless thirty (30) days unrestricted prior written notice thereof is furnished to
the City. All insurance shall be primary and not contributory with regard to other
available insurance to the City. All insurance shall be written by companies with a BEST
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Guide rating of A VII or better. Certificates of insurance (or copies of policies, if required
by the City) shall be furnished to the City in a form approved by the City, and such
policies shall include the City and its officers, employees, and agents, and the Project
Manager and its officers and employees as additional insured's and contain a waiver of
subrogation. The additional insured requirement applies to all coverages except
Workers' Compensation and Professional Liability. The waiver of subrogation applies to
all coverages. All required evidence of insurance shall be filed with the City prior to
commencement of the Architect's services.
B. Indemnification
1. General Requirement. Architect shall defend (if required by the City and
with counsel selected by the City), indemnify, and hold harmless the City and its officers,
elected officials, employees, and agents, including the City's Project Manager and its
officers and employees, from and against any and all claims, demands, suits, judgments,
losses, or expenses of any nature whatsoever (including attorneys' fees) arising directly
or indirectly from or out of the Architect's negligence, recklessness, or willful misconduct.
2. Indemnification Remains in Effect. The defense, indemnification, and hold
harmless obligations under this Agreement shall remain in effect notwithstanding shall
not be limited by any insurance requirement or by the failure by Architect or any third
party to purchase and maintain required insurance coverages. The defense,
indemnification, and hold harmless obligations under this agreement shall extend to
claims occurring after the Agreement has terminated as well as while the Agreement is
in force.
Article VI. CONFLICTS OF INTEREST AND DISCRIMINATION
A. General Requirement
Architect covenants that Architect, its officers, principles, and employees
presently have no interest and during the term of this Agreement will not acquire any
interest, direct or indirect, which might conflict in any manner or degree with the
performance of the Architect's Services under this agreement.
B. Specific Requirement
Neither Architect nor any firm of which any officer, director, supervisory
employee, or principal stockholder of Architect is an officer, director, supervisory
employee, or principal stockholder or owner, or of which Architect is a principal
stockholder or owner shall, during the term of this Agreement and until final payment for
the services provided for herein is made by City, make or cause to be made, without the
prior written approval of City, any bid for any work in any capacity on the Project except
as Architect pursuant to this Agreement. For purposes of this provision, the term
`principal stockholder or owner"shall mean any stockholder holding one percent (1%) or
more of the capital stock of such corporation in his or her or its own name or that is held
directly or indirectly for his or her or its accountant or a one percent (1%) or more
ownership of or interest in any firm either in his or her or its own name or directly or
indirectly for his or her or its accountant. Architect shall promptly disclose to the City the
31
name and relationship of each bidder, proposer, contractor, or any other person
performing work on the Project who works with the Architect on any other job or project.
Architect shall provide such other information regarding any such relationship as the City
may require.
C. Discrimination
During the performances of this Agreement, Architect shall not unlawfully
discriminate against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical handicap, medical condition, marital
status, age, or sex. Architect shall ensure that the evaluation and treatment of its
employees and applicants for employment are free of such discrimination.
D. Non-Liability of Authority Officers and Employees
No officer or employee of the City, including members of the City Council, shall
be personally liable to the Architect, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become due to the Architect
or its successor, or for any breach of any obligation of the terms of this Agreement.
Article VII, ENFORCEMENT OF AGREEMENT
A. California Law
This Agreement shall be construed and interpreted both as to validity and to
performance of the Parties in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Architect covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
B. Disputes
1. Notice. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations under this
Agreement so long as the injuring party cures any default within (30) days after service
of notice; provided that the City may take immediate action under Section 3 of Article 4
of this Agreement. Compliance with this section shall be a condition precedent to any
legal action and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured.
2. Resolution of Disputes. The Architect and the City, and such additional
persons as the Parties believe may be helpful in the resolution of any dispute, shall meet
and confer in an effort to resolve each dispute in an amicable manner before prior to the
initiation of any legal proceeding to enforce any of the terms of this Agreement.
C. Waiver
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No delay or omission in the exercise of any right or remedy of a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. No
consent, approval, or acceptance of City or the City's Project Manager shall be deemed
to waive or render unnecessary City's consent, approval, or acceptance of any
subsequent act of the Architect. Any waiver by either party of any default must be in
writing and shall not be a waiver or any other default concerning the same or any other
provision of this Agreement.
D. Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the Parties are cumulative and the exercise
by either party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other party-
E. Legal Action
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct, or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment or any other remedy consistent with the purposes of this
Agreement.
Article Vlll. MISCELLANEOUS PROVISIONS
A. Time of the Essence
The Parties agree that time is of the essence of this Agreement with respect to
the deadlines set forth in Article I. The Architect must adhere to all deadlines set forth in
this Agreement and otherwise established by the City in writing under this Agreement
unless such deadlines are extended in writing by the City.
B. Ownership of Documents
All rights worldwide with respect to any and all intellectual property or other
property of any nature produced, created, or suggested by the Architect during the term
of this Agreement or resulting from the Architect's services shall be deemed a work
made for hire and shall be the sole and exclusive property of the City. Without limiting
the generality of the foregoing, title to all drawings, plans, ideas, concepts,
specifications, models, or other tangible work product produced by the Architect
pursuant to this Agreement shall become the property of the City when produced. The
City shall own the worldwide right, title and interest in such work product. Architect shall
deliver all such original work product to the City upon the completion or sooner
termination of the Architect services under this Agreement but may retain copies thereof
for its permanent records so long as the same are not used without the City's prior
express written consent.
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C. Independent Contractor Status
In performing its services under this Agreement, the Architect shall act as an
independent Contractor and not as an officer or employee of the City. Architect will be
solely responsible for the control and direct performance of the details of the services
performed by the Architect, its employees and consultants.
D. Accounting Records
The Architect shall keep accounting records of the time spent by the Architect's
personnel and consultants. These accounting records shall be kept on a generally
recognized accounting basis and shall be made available to the City on request, on
reasonable notice and at mutually convenient times. Such records shall be kept for at
least five (5) years from and after the completion of services under this Agreement,
except in the event of litigation or settlement of claims arising from the performance of
this Agreement or Project, in which case the Architect agrees to maintain the same until
the City, or any of its duly authorized representatives, have disposed of al such litigation,
appeals, claims or exceptions related thereto.
E. Statutes of Limitation
Causes of action between the Parties to this Agreement relating to acts or
failures to act shall be deemed to have accrued, and the applicable statutes of limitations
shall commence to run, not earlier than the date that the injured party discovers such
acts or failures to act.
F. Consequential Damages
In the event that the City pursues any legal cause of action against the Architect
based on the Architect's default in contractual obligations, acts, failures to act, or
negligence, the City shall be entitled to all actual and consequential damages associated
with any claim, including losses for delay. This provision shall not serve to limit any
rights or remedies that the City has at law or equity.
G. Reproduction of Documents
The Architect shall provide, at no expense to the City, all required copies of
Deliverables as specified in Attachment "B" to be submitted to the City and
Governmental Authorities for the review and approval. The Architect shall cooperate
with and assist the Project Manager in providing copies of construction documents
necessary for bidding and construction purposes.
34 q7
K Entire Agreement
This Agreement constitutes the entire understanding of the Parties with respect
to its subject matter. All prior and contemporaneous conversations, negotiations,
possible or alleged agreements, covenants, releases, representations and warranties in
respect of the subject matter of this Agreement are integrated herein and superseded by
this Agreement.
1. Agreement Negotiated
The text of this Agreement is the product of negotiation among the Parties, each
of whom had the opportunity to have it reviewed by counsel of their choice, and is not to
be construed as having been prepared by one party or the other.
J. Successors and Assigns
1. General Obligation. The City and Architect respectively bind themselves,
their partners, successors, assigns and legal representatives to the other party hereto
and to the partners, successors, assigns and legal representatives of such other party in
respect to the covenants, agreements and obligations contained in this Agreement.
Architect shall not assign the Agreement without written consent of the City. If Architect
attempts to make such an assignment without such consent, Architect shall nevertheless
remain legally responsible for all obligations under the Agreement.
2. Assignment. Architect assigns to the City all of its rights under all
agreements, contracts, subcontracts, and other commitments entered into by Architect
for performance of the Work; provided, however, that such assignment is contingent
upon City's acceptance except as provided in the following paragraph.
3. Assumption of Rights. In the event this Agreement is terminated by the
Architect or City, the City shall have the right, but not the responsibility, to assume at its
sole discretion the rights and responsibilities of the Architect under all or some of the
Architect's agreements, contracts, subcontracts, or other commitments (contracts). All
such contracts entered into by the Architect shall reserve to the City its rights under
subparagraphs 1 and 2. Architect, upon request from the City, shall promptly execute
and deliver to the City written assignments of such contracts which the City so chooses
to take by assignment.
K. Notices
Any notice, demand, request, consent, approval, acceptance, or communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first class mail to the address
set forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48)
hours from the time of mailing if mailed as provided in this Section.
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To the City: David H. Ready, City Manger
P.O. Box 2743
Palm Springs, California 92263
To the Architect: xxxxxxxxxxxxxxxxxxxxxxx
Awarded vendor/firm address
Notwithstanding the foregoing, any notice sent to the last designated address of
the party to whom a notice may be or is required to be delivered hereunder shall not be
deemed ineffective if actual delivery cannot be made due to a change of address of the
party to whom the notice is directed or the failure or refusal of such party to accept
delivery of the notice.
L. Execution of the Agreement
The Parties covenant and agree that they will execute such other and further
instruments and documents as are or may become necessary or convenient to
effectuate and carry out this Agreement. This Agreement may be executed in any
number of counterparts and each of such counterparts shall for all purposes be deemed
to be an original.
M. Audit and Inspection of Records
The Architect shall provide the City, or other agents of the City, such access to
Architect's accounting books, records, payroll documents and facilities of the Architect
which are directly pertinent to this Agreement for the purposes of examining, auditing
and inspecting all accounting books, records, work data, documents and activities
related hereto. The City's right to audit books and records directly related to this
Agreement shall also extend to all first-tier subcontractors ad the Architect shall ensure
that this language is inserted in all subcontracts with first-tier subcontractors. The
Architect shall permit any of the foregoing parties to reproduce documents by any means
whatsoever or to copy excerpts and transcriptions as reasonably necessary.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of
the date first written above.
"ARCHITECT"
a California corporation
DATED: 13Y:
Its:
"CITY" City of Palm Springs,a municipal
36
cr.,
corporation and chatter city
DATED: BY.
City Manager
ATTEST:
By: DATED:
City Clerk
APPROVED AS TO NORM:
BY: DATED:
City Attorney
37
"2
EXHIBIT"A"
ASITE PLAN TO BE INCLUDED IN FINAL AGREEMENT*
EXHIBIT"B"
SCOPE OF SERVICES
*THIS WILL RE DEFINED IN THE FINAL AGREEMENT PURSUANT TO THE
NEGQATIONS*
EXHIBIT"C"
Not Used
EXHIBIT"D"
Not Used—Compensation to be defined in Article III of agreement
38
"d
EXHIBIT"E"
Architect
*Officers,Employees,Consultants—to be completed in final centract*
Architect Associated Architect
Landscape Architect Electrical Engineer
Interior Design Structural Engineer
Mechanical &Plumbing Engineers Cost Estimator
EXHIBIT"P"
MASTER SCHEDULE
*To be defined in final agreement during negotiations*
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ii