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`A<�°`a�a�P CITY COUNCIL STAFF REPORT
DATE: October 1, 2008 Consent Calendar
SUBJECT: FIRST AMENDMENT TO AGREEMENT FOR ARCHITECT SERVICES
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
On June 13, 2008, the City Council approved an architect services agreement with
George Miers & Associates, Inc., for the design of the Animal Shelter. The Architect
has requested relief from the City's professional liability errors and omissions insurance
requirements for the Architect's subcontractors and subconsultants. (The Architect is
not asking for any reduction in its own requirements.) This amendment would provide
that each subcontractor or consultant who prepares, approves, or "stamps" the plans,
drawings, or specifications for the Animal Shelter will be required to provide 1 million
dollars in errors and omissions insurance coverage instead of the currently required 2
million dollars in coverage.
RECOMMENDATION:
1) Approve Amendment No. 1 to Agreement No. A5672 with George Miers &
Associates, Inc. for architectural services relating to the Animal Shelter; and
2) Authorize the City Manager to execute all necessary documents. A5672.
STAFF ANALYSIS:
On June 13, 2008, the City Council approved an agreement for architect services with
George Miers & Associates, Inc., to perform all professional architectural, landscape
architectural, engineering, communications design, and all other design services
necessary for the construction of an Animal Shelter. The Architect has signed the
Agreement and delivered to the City all requisite proofs of insurance as required under
the Agreement, including professional liability errors and omissions insurance with 2
million dollars in coverage.
The Architect proposes retaining several subcontractors and subconsultants to assist in
ITEM NO. —
City Council Staff Report
October 1, 2008 -- Page 2
FIRST AMENDMENT TO AGREEMENT FOR ARCHITECT SERVICES
the preparation of the plans, drawings, and specifications for the Animal Shelter. It is
the desire of the Architect to essentially put together a team of design professionals to
provide the services that the City desires to complete the design of the Animal Shelter.
A few of the subcontractors and subconsultants have voiced concerns regarding the 2
million dollars in E&O coverage that the agreement requires of each subconsultant and
subcontractor. The Architect has asked that the City reduce the amount of coverage
and limit the requirement to those who are specifically involved in the preparation,
approval, and stamping of plans and specifications- Your staff and this office concur
with the request. The Architect is not requesting any change in its own obligations and
responsibilities, and the Architect will remain obligated to keep its current 2 million
dollars in E&O coverage in effect. The proposed amendment would reduce the
obligation of subcontractors and subconsultants from 2 million dollars in coverage to 1
million dollars in coverage.
FISCAL IMPACT:
There are no direct costs associated with this proposed First Amendment, and there will
be minor, indirect costs associated with City staff participation in the work of the City
Manager committee.
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Douglas Holland, City'Attorney
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David H. RWady, City Manager V I
Attachments: Draft First Amendment to Agreement
FIRST AMENDMENT TO AGREEMENT NO. A6672
AGREEMENT FOR ARCHITECT SERVICES
THIS FIRST AMENDMENT TO THE ARCHITECT SERVICES AGREEMENT
between the CITY OF PALM SPRINGS and GEORGE MIERS & ASSOCIATES, INC. is
made and entered into, to be effective the 1st" day of October, 2008, as follows:
RECITALS
A. The City of Palm Springs ("City") has retained George Miers & Associates
("Architect") to perform architectural services related to the design, construction, and
operation of an Animal Shelter pursuant to an Agreement for Architect Services dated June
13, 2008 ("Agreement").
B. The Agreement provided that all subcontractors and subconsultants are
required to provide Two Million Dollars ($2,000,000.00) in professional liability errors and
omissions insurance coverage. This requirement was in addition to the requirement that
the Architect provide Two Million Dollars ($2,000,000.00) in such coverage.
C. The City and the Architect have agreed that One Million ($1,000,000.00)
Dollars in errors and omission insurance from sub-contractors and sub-consultants who
review, approve, and sign plans, drawings, and specifications in addition to the Architect's
Two Million Dollars ($2,000,000.00) in coverage will adequately protect the City's interests
without unduly burdening the sub-contractors and sub-consultants that the Architect
desires to include in the design of the Animal Shelter.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein, the Agreement is amended in the following respects:
1. Section I.A.1 of the Agreement is amended to read:
1. "Architect"means George Miers&Associates, Inc., and its officers and
employees.
2. Section V.A.4 of the Agreement is amended to read:
4. Insurance of Architect's Consultants. Architect shall ensure that all
subconsultants hired by Architect to perform services which involve the preparation,
approval, or stamping (or otherwise certifying) the plans, drawings, or specifications as
required or provided in connection with this Agreement shall maintain, at their sole cost and
expense, insurance polices providing professional liability coverage on all claims in a
minimum aggregate amount of One Million ($1,000,000.00) Dollars.
FIRST AMENDMENT -1- AGREEMENT
564405 1
All provisions of the Agreement not affected herein shall remain in full force and
effect.
IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to
Agreement No. A5672, for architectural services relating to the Animal Shelter.
CITY OF PALM SPRINGS GEORGE MIERS &ASSOCIATES, INC.:
By: By:
City Manager Its:
Attest:
By.
City Clerk
Approved as to form:
By:
City Attorney
FIRST AMENDMENT -2- AGREEMENT
5648051
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