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5/21/2008 - STAFF REPORTS - 5.B.
;D*?ALM Sb* ry U (n k c9tiPMoRN�P CITY COUNCIL STAFF REPORT DATE: May 21, 2008 NEW BUSINESS SUBJECT: DESIGNATION OF THE ANIMAL SHELTER SITE AND AWARD OF ARCHITECTURAL DESIGN CONTRACT TO GEORGE MIERS & ASSOCIATES FOR THE PALM SPRINGS ANIMAL SHELTER PROJECT FROM: David H. Ready, City Manager BY: City Manager SUMMARY The proposed actions would be designate the animal shelter site for design purposes, initiate entitlement review, and approve a full service architectural design contract, including LEED design services, with George Miers & Associates for the design of the Palm Springs Animal Shelter project. RECOMMENDATION. 1. Designate for architectural design purposes approximately 4 acres on the SE corner of Vella Road and Mesquite Avenue as the Palm Springs Animal Shelter site and direct staff to prepare the necessary environmental and entitlement documents to obligate the City to the Wastewater Fund for the use of the land with said documents to be processed for approval concurrent with other project entitlement documents. 2. Approve Agreement for Architectural Services with George Miers & Associates for the design of the Palm Springs Animal Shelter project in the amount of $868,650, subject to final wording adjustments by the City Attorney. STAFF ANALYSIS- Staff was tasked to locate City owned property, approximately 4 acres in size that could be utilized for the development of a new animal shelter. Several sites, including on the airport, near the civic center, and two sites on wastewater treatment fund property were looked. The best candidate with higher visibility than the current site that was still Item No. 5 • R V • City Council Staff Report May 21, 2008 Animal Shelter Architectural Contract located in an industrial area was the SE corner of Vella Road and Mesquite Avenue. The City Council sub-committee held a neighborhood meeting, inviting residents and business owners from the Demuth Park area to attend and comment on the potential site. The City Clerk was present at the meeting and took minutes, copy attached. If the recommended site is designated by the City Council, staff will commence the appropriate environmental and entitlement review process and prepare the necessary documentation to obligate the City to the Wastewater Fund for the use of the site. This documentation will be presented to City Council concurrent with all other entitlement and environmental documents as a comprehensive project package. On March 12, 2008 the City Council authorized staff to enter into contract negotiations with George Miers & Associates for architectural services in conjunction with the Palm Springs Animal Shelter Project. Staff, with the assistance of the City Attorneys office drafting a new Architectural Service Agreement, has worked with the architects team to develop a comprehensive Scope of Services (Attachment'Uto the proposed agreement, copy attached) and then to negotiate fees based upon that scope. The scope includes the following: • Needs Assessment and Programming Phase • Schematic Design/Planning Submittal Phase • Assistance with fund raising effort • Design Development Phase • Construction Document Phase • Bidding Phase • Contract Administration Phase • LEED Design effort with"Gold'certification as the project goal * Note: It should be noted that the LEED work included in this proposed contract gets the project documented and submitted. The application fee and a contractor to officially commission the building are separate from this agreement and a City responsibility. After much discussion between the parties a proposed fee of $831,900, plus reimbursables of$36,750 is what the agreement is based upon. The fee is broken down as follows: 1. Programming Phase $31,600.00 2. Schematic Design 129,432.50 3. Design Development 118,275.00 4. Construction Documents 291,100.00 5. Bidding Phase 12,087.50 6. Contract Administration 145,975.00 7. Compensation for LEED 91,750.00 8. Boundary &Aerial Topo 11,680.00 Total Design Fees $831,900.00 Plus Reimbursables $36,750 00td60� ? City Council Staff Report May 21, 2008 Animal Shelter Architectural Contract The project architect plus other architects the selection team spoke with during the interview process stated that current total construction costs for animal shelter facilities are running around $300/ sq ft. With an estimated facility size of 21,000 sq ft that would result in an estimated construction cost of $6,300,000. Projects of this size have an industry standard design fee range of 10% to 12% of construction cost plus reimbursables. That range of fees would however not include cost for Programming Phase work, LEED work, Civil Engineering work or Landscape Design work. To get to an accurate comparison of the appropriateness of the fee level, the extra services the City is asking the design team to perform should be removed form the overall fee as follows: Total Fee $831,900 Less LEED cost -91,750 Less Programming -31,600 Less Civil -55,620 Less Survey -11,680 Less Landscape -63,900 Total Fee after Specialties $577,350 The total fee less specialties results in a fee of $577,350 which equates to 9.16% of projected construction cast, well below the expected industry standard level. As this is a new agreement form the entire proposed agreement is attached for City Council review. Allen Smoot, Owner's Representative David H. Ready, Cit r Attachment(s) 1. Community Meeting Minutes 2. Proposed Agreement Animal Shelter City Council Subcommittee City of Palm Springs, California � ry ''`11yatl`F' Neighborhood Meeting Notes Thursday, March 6,2008 City Hall Large Conference Room i CALL TO ORDER; The meeting was called to order at 6:05 p.m. ROLL CALL: :,Present: Subcommittee Members Mayor Pro Tern Foat And Councilmember Mills. Staff: City Clerk Thompson, AI Smoot, City Construction Consultant, John Raymond, Director of Community and Economic Development, Cindy Uken, Public Information Coordinator. Community: Four Community Members and Animal Control Staff COMMUNITY AND NEIGHBORHOOD DISCUSSION OF THE PROPOSED SITE FOR THE NEW ANIMAL SHELTER: Mayor Pro Tern Foat provided background information on the current Animal Shelter, and the proposed site for the new Animal Shelter at the Southeast corner on Vella Road near Mesquite Avenue. Al Smoot, City Construction Consultant, provided detailed information on the proposed site for the new Animal Shelter. i Community member commented on concerns about the potential smells and the impact due to the current Wastewater Treatment Plant, increase traffic concerns and the dust caused by the traffic, stated they hear the dogs at the current shelter, expressed concerns with respect to noise. Community member stated her concerns with current traffic, stray cats in the neighborhood,and stated they currently hear dogs at the current shelter and other noise Issues In the neighborhood. Community member questioned if additional stop signs would curb traffic. Councilmember Mills responded to community concems with the traffic on Mesquite,the changes and the investment the City has made to clam traffic. Community Meeting Notes March 6,2008 Page 2 Community member stated there used to be a dip on Vella, which has been removed, the dip slowed down the traffic, stated drivers do not stop at stop signs, and the increase in traffic due to the new shopping centers. Community member questioned as to the other proposed sites were for the Animal Shelter. Community member stated she was in support of the proposed site for the Animal Shelter, rather than holding ponds for the Wastewater Treatment Plant,the water ponds would attract mosquitoes. Community member stated the City is not currently performing their duties at the Wastewater Treatment Plant which contributes nuisances to the neighborhood. Mayor Pro Tern Foat provided additional information on the proposed amenities of the .new Animal Shelter, and.the.henefils-on.a-new..shelter-so.that-it-will-not-have such-an— Impact to the neighborhood, and noted the other sites that were considered in the process. Community member questioned why the site an Gene Autry was not being considered, commented on the construction casts, and stated the City is not concerned with increased traffic on Mesquite. Councilmember Mills stated the public area would be off of Mesquite, staff would be using Vella, stated an Environmental Study and Traffic Study will be performed during the process. Community member questioned why the proposed shelter could not be located back further on the property. Councilmember Mills explained the anticipated site plan, and the current water ponds that restrict the site. Mayor Pro Tern Foat stated the building will be set-back and not build on the Street. Esther Peterson, Animal Control Supervisor, commented on the improvements to noise and smell control in the Animal Shelter operations and business, but stated it would not be practical to retrofit the current shelter as a contemporary Animal Shelter. Councilmember Mills stated the community members will be very much involved with the evolution of the development of the site. Community member requested sites where other Animal Shelters are build in the neighborhoods, so that he could research such. I ............ Community Meeting Notes March 6,2008 Page 3 Community member questioned when a decision on the location will be made, and the construction start date. Mayor Pro Tern Foat and Councilmember Mills stated the Architect will be selected shortly and site needs to be selected, then community meetings should start in April or May, construction one-year away with an opening in 2010. Community member stated the Wastewater Treatment Plant is emitting odors that need to be cleaned and corrected immediately: Mayor Pro Tern Foat indicated she will bring the Wastewater Treatment Plan odors to the attention of the City Manager. Mayor Pro Tern Foat thanked members of the community, stated additional meetings Will be held and the neighborhood will be notified. The meeting adjourned at 6.45 p.m. f fES THOMPSON, CITY CLERK � i i I , AGREEMENT NO. AGREEMENT FOR 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 Cit(" y") and George Miers & Associates, Inc., a California corporation ("Architect"). The City and Architect are sometimes collectively referred to in this Agreement as the "Parties." RECITALS A. The City desires to design, construct, and operate an Animal Shelter (the "Project"). The Project is proposed to be developed on approximately 4.03 acres of property (the "Site") generally located at the south east corner of Vella Road and Mesquite Avenue in the City of Palm Springs. A map of the Site 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, engineering, communications design, essential facilities design services necessary for the Project, and meet the City's expectations as described in these Recitals and in the City's Request for Proposal, dated November 20, 2007 ("UP"). E. The Architect represents that it is regularly and appropriately licensed to practice architecture and/or engineering in the State of California and is qualified 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. Draft Animal Shelter Architect Agreement—04.09.2008 0 6 6 9 C 7 ] ZD C_tl Whereas, the City and Architect agree as follows: AGREEMENT Article I. THE ARCHITECT'S BASIC SERVICES 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 "C." 5. "Contractor" means one of the "Various Contractors." 6. "Deliverables" means each of the documents, plans, and other items identified on Exhibit "C"" 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 Draft Animal Shelter Architect Agreement—04,09.2008 z 0 ab19 ,� E 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. 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 design and construction of an Animal Shelter on the Site. 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 "C"" and producing copies of documents above the quantity of documents specified in Exhibit "C" as authorized and approved by the City. 17. "RFP" means the City's Request for Proposal for Architect Services, dated November 20, 2007. 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 "C". 19. "Site" means the approximate 4.03 acres of land generally located at the south east corner of Vella Road and Mesquite Avenue 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 Draft Animal Shelter Architect Agreement—04.09,2008 0 a 0 Q L,� 3 Governmental Regulations. 2. Employees 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, civil engineering, structural engineering, mechanical engineering (including both HVAC and plumbing), electrical engineering, landscape architecture, communications, essential facilities design, traffic engineering and such other specialized engineering and consulting services as are required for the design and construction of the Project. 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. Draft Animal Shelter Architect Agreement—04.09,2008 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 provided by law. If the Architect is comprised of more than one legal entity, each such entity shall be jointly and severally liable thereunder. $. 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 Draft Animal Shelter Architect Agreement—04.09.2008 GGE, i 5 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 animal shelter and the proposed site of the proposed shelter, careful review of the existing animal shelter and current shelter operations, and interviews of the shelter staff 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 Friends of the Animal Shelter, The deliverable under this phase shall be a complete profile of the needs of the proposed shelter, including without limitation recommendations for animal holding facilities, animal treatment facilities, and administration and related support facilities. The deliverable shall also include a listing of each room, its use, and the proposed square footage. 2. Preliminary_Boundary Map and Topographic Survey- The Architect shall perform project site research and obtain copies of all available maps and plans for the project. Based on the site research the Architect shall prepare a preliminary boundary map fro use in performing the boundary survey. Architect shall perform a complete boundary survey and establish horizontal and vertical control for use in preparing an aerial topographic survey. Perform a complete field design survey, obtaining horizontal and vertical control locations for all existing improvements along the project boundary and for a distance of 300 feet beyond the project boundary. Prepare an aerial topographic survey at a scale of 1" 40', with one foot contour intervals. 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, Draft Animal Shelter Architect Agreement—04.09,2008 6 • 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 "C"." 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 A - Schematic Design Phase no later than the time frame specified in the Master Schedule, Exhibit "F". 5. Fund Raising. Upon completion of the Schematic Design Phase, the Architect shall provide color renderings of the proposed facility that the City and the Friends of the Animal Shelter can use for fund raising efforts. The renderings shall also be provided in electronic format so that the City and/or the Friends of the Animal Shelter can easily duplicate the renderings for use in any fund raising material or medium. The Architect shall be responsible for designing or identifying potential fund raising opportunities such as donor walls, pavers, rooms, or other design features that could be identified with or for specific donors. 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 Draft Animal shelter Architect Agreement—04 09,2008 600,0 .3 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 "C", 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 Attachment 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 B - 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. The Construction Documents shall be in such form as will enable the City to: (1) Draft Animal Shelter Architect Agreement—04.09 2008 0a C. 6 L g C. 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 Yz 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 "C" 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. Color Selection. In submitting the Construction Documents to the City for review and approval, the Architect shall provide selections of 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. 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 C - Construction Document Phase no later than the time frame specified in the Master Schedule, Exhibit "F". G. Bidding Phase Draft Animal Shelter Architect Agreement—04,09.2008 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 C - Construction Document 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. Draft Animal Shelter Architect Agreement—04 09.20Da 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 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 Draft Animal Shelter Architect Agreement--04.09.2008 0 0 a 0� ry I t 1� �Y d 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 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 8b. 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: Draft Animal Shelter Architect Agreement—04 09,2008 12 ®00"�9"w8 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 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 fist 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 Draft Animal Shelter Architect Agreement—04.09,2008 © a 00 13 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. C. Prior to the receipt of Architect's final payment, the Architect, in 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. I. LEED Certification Phase. Draft Animal Shelter Architect Agreement—04.09,2008 6 5 0 8 2 0 14 1. LEED Certification. The Architect shall perform all of the services, work, and duties identified in Articles 1, 2, and 3 of AIA Standard Form of Architect Services for LEED Certification (AIA Document B214 — 2004) as provided in Exhibit "D" to this Agreement. No other provision of this AIA Standard Form shall be deemed a part of this Agreement. Article II. 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 surveys of the Project site in the possession of the City depicting boundaries, physical characteristics, easements, rights-of-way, legal limitations, and utility locations. 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. F. 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. Article Ill. COMPENSATION, PROGRESS PAYMENTS AND EXPENSES Draft Animal Shelter Architect Agreement—04.09.2008 15 GGGD� .N, 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 I. C. and Exhibit "B" of this Agreement) is on a Not to Exceed Basis. The City shall pay no more than Forty-Three Thousand, Two Hundred Eighty ($43,280.00) 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 Forty-Three Thousand, Two Hundred Eighty ($43,280.00) 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 One Hundred and Twenty-Nine Thousand, Four Hundred and Thirty-Two Dollars and Fifty Cents ($129,432.50) 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 One Hundred and Twenty-Nine Thousand, Four Hundred and Thirty-Two Dollars and Fifty Cents ($129,432.50). 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 One Hundred and Eighteen Thousand, Two Hundred and Seventy Five Dollars ($118,275.00) for such Services and related expenses. The City shall not be liable or responsible for any amounts for the Services and expenses Draft Animal Shelter Architect Agreement-04,09.2008 Goo 02 2 16 above the amount of One Hundred and Eighteen Thousand, Two Hundred and Seventy Five Dollars ($118,275.00). 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. 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 Two Hundred and Ninety One Thousand, One Hundred Dollars ($291,100.00) 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 Two Hundred and Ninety One Thousand, One Hundred Dollars ($291,100.00). 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 Twelve Thousand, Eighty-Seven Dollars and Fifty Cents ($12,087.50) 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 Twelve Thousand, Eighty- Seven Dollars and Fifty Cents ($12,087.50). 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 Ill. 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 Draft Animal Shelter Architect Agreement—04 09 2008 600023 17 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 One Hundred and Forty Five Thousand, Nine Hundred and Seventy Five Dollars ($145,975.00) 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 One Hundred and Forty Five Thousand, Nine Hundred and Seventy Five Dollars ($145,975.00). 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. 7. Compensation for LEED Certification Phase. The total compensation to be paid for the Architect's Services and all related expenses for the LEED Certification Phase (Section I. I. and Exhibits "B" and "D" of this Agreement) is on a Not to Exceed Basis. The City shall pay no more than Ninety One Thousand, Seven Hundred and Fifty Dollars ($91,750.00) 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 Ninety One Thousand, Seven Hundred and Fifty Dollars ($91,750.00). 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. 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 Draft Animal Shelter Architect Agreement—04,09,2008 D 0 0 0 2� 18 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 project. 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 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, Draft Animal Sheller Architect Agreement—04.00 2008 19 CD 9�0 0 0 0 2 C5 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 of 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 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 Draft Animal Shelter Architect Agreement—04 09.2008 ($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 sale 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 of 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 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 Draft Animal Shelter Architect Agreement—04.09.2008 Agri � .7 21 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 fled 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 Draft Animal Shelter Architect Agreement—04 09 2008 22 2 indirectly for his or her or its accountant. Architect shall promptly disclose to the City the 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 Draft Animal Shelter Architect Agreement—04.09 2008 23 to the initiation of any legal proceeding to enforce any of the terms of this Agreement- C. Waiver 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 Draft Animal Shelter Architect Agreement—04.09 2008 0 0 0 0 S r) 24 U� l0 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. 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 Draft Animal Shelter Architect Agreement—04 09 2008 C 0 0 6 u yr 25 necessary for bidding and construction purposes. H. 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. I. 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 Draft Animal shelter Architect Agreement—04.08 2008 O " '� cr i. 26 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. To the City: David H. Ready, City Manger P.O. Box 2743 Palm Springs, California 92263 To the Architect: George Miers George Miers & Associates 1150 Morag Way, Suite 150 Moraga, California 94556 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: BY: Draft Animal Shelter Architect Agreement—04 09 2008 6 00033 27 !D Its: "CITY" City of Palm Springs, a municipal corporation and charter city DATED: BY: City Manager ATTEST: By: DATED: City Clerk APPROVED AS TO FORM: BY: DATED: City Attorney EXHIBIT "A" SITE PLAN Draft Animal Shelter Architect Agreement-04,09.2008 ry ^ 28 0 a111'Y e� - I r . STREET H1W :I ANIMAL SHELTER SITE — FRO110 SCE ? 09 AC. 0 0 22 AC. t 7 78,358 SF 9,303 SF x t SHOAD EAST POLI)DARY BE TAKEN TO 5CE RM PROPEP.TY LINE? NOT 5URE WHERE TFH15 OCCUR5 NA_/s4AT FAC1ll7Y o 85 AC o 37,2JO SF 315'-0' ,�_,_',"'' Randy Puma1 Landscape cM Idiap,as?a. CJi 1 TW 2 .2ES2 y111 Smle 0.FLan@n IAmu 4 Co 7E0.32S.2EF2 �y Lq qp$ mrw �csm.-s EXHIBIT "B" SCOPE OF SERVICES Architect shall provide a full range of professional architectural services in connection with the City's new Animal Shelter Facility. The new facility shall be developed on property owned by the City, site yet to be determined. The Architect's services shall include the following: I. NEEDS ASSESSMENT/PROGRAMMING PHASE Task 1 Kick-Off Meeting and Questionnaires —This important first step will help define the parameters of the project and the preferred "project approach". City to provide data including the number of animals to be held, tabulated separately for dogs, cats, and other animals, as well as staff by department and position. Determining the animals held capacity will be critical (see Task #3). City is to provide as much site data as is available, as well as demographic/population projections of the service area. Architect will provide City with questionnaires for of the key users to fill out prior to the first user meetings. While the key program information will be developed from the meetings, we find that the questionnaires force all parties to think about the issues prior to the meetings which results in a more efficient and comprehensive working sessions. Task 2 Existing Facility Review — Architect will take a comprehensive tour and evaluation of the existing facility with Shelter staff. The purpose of this review is to better understand current procedures and desires, which procedures will remain, and which should change. Task 3 Development of Animal Held Calculations — Based upon Animal Control's intake statistics over at least the past 5 years, Architect will develop holding projections for dogs, cats, "exotics", small animals and, if applicable, any farm animals. In developing these figures Architect will take into account the area's population projections to the year 2028, trends within similar California jurisdictions and other factors which could affect holding capacity such as the use of Foster programs and their cooperative adoption programs with local Humane Societies and other rescue groups. In developing these projections Architect will prepare two different sets of calculations. The first will be the capacity needed to meet the State's Hayden requirements (SB 1785). While this varies depending on a number of factors, generally it will be 5 days (4 days plus the day of impoundment.) Once this capacity is calculated Architect will then develop an "extended adoption" holding figure. While there is no legislative mandate for this, as a matter of good professional practice, almost all California jurisdictions keep "adoptable" animals for at least an additional 5 to 10 days. Working with Animal Control staff, Architect will look at several extended adoption scenarios, including no-kill and examine Draft Animal Shelter Architect Agreement—04.09,2008 29 0� � % their program implications and eventual cost impact. Task 4 Development of a Space Program -- Architect will conduct a series of meetings with the staff to discuss current and proposed programs and procedures to determine overall space requirements for the facility including animal habitat areas, staff work areas, and facility support areas. This part of the study will also include adjacency and flow diagrams. The result will be a room by room space program, itemizing size and equipment requirements. Task 5 Program and Budget Reconciliation --Architect will conduct a meeting with City to discuss early findings of Needs Assessment Phase in an effort to reconcile costs and budgets; this may include looking for ways to reduce the overall square footage of the proposed facility. Task 6 Develop Preliminary "Concept" Site/Floor Plan — Based upon the approved space program, Architect will develop an "idealized" plan for the facility which tests the program. This plan will be drawn to scale and is, in essence, a preliminary floor plan. The Plan is a more accurate form of adjacency diagram which enables the user to better react to the program components and proposed adjacencies. Upon completion of the "idealized plan" Architect will then develop alternative layouts for the designated site. Architect will also generate alternative exterior approaches at this time. Architect will reviewed-the plan-with the Planning, Building, and Fire Departments for code compliance. Task 7 Develop a Formal Project Budget -- Architect will develop a formal budget for the project. This will include Building and Site Construction casts, kennel and cage costs, FF&E, contingencies and soft costs. The soft cast will be developed in conjunction with the client. Task 8 Prepare a Needs Assessment/Program Report —The Architect will prepare a final report- The report will include the end product of Tasks 1 through 7 above, Architect shall provide ten (10) bound original reports and one (1) un-bound copy. Any report concerning overall staffing of the facility will be bound separately and two copies shall be provided the City. In addition Architect shall provide four (4) copies of the "plan" 30" X 40" one colored and mounted on foam core board and three folded copies (not Colored). Task 9 Preliminary Boundary Map and Topographic Survey. The Architect shall prepare a preliminary Boundary Map and utilize it to prepare Boundary Survey as well as an Aerial Topographic Survey. 11. SCHEMATIC DESIGN/PLANNING SUBMITTAL PHASE Draft Animal Shelter Architect Agreement—04 09.2008 30 ..SS Task 9 Develop a Schematic Design —Upon City approval of the program from above and the preliminary concept plan Architect will develop a full schematic design package including floor plans, elevations, roof plan building systems included energy efficient design components and a site plan which is suitable for Planning Department submittal. Task 10 Preliminary Landscape/Civil Design — Architect shall develop preliminary landscape and civil designs for the project. These will be developed also in a manner suitable for Planning submittal. Attention will be given to outdoor exercise facilities, get-acquainted areas, and other exterior special use areas. In addition, Architect will explore the use of drought-tolerant plants and, if available, the use of "grey water" for landscape and, possibly, indoor animal habitat cleaning uses. Task 11 Preliminary Engineering Studies -- Structural, Mechanical, Plumbing, Electrical and Acoustical studies will be developed by Architect for the selected design along with Outline Specifications for each discipline. This work will be preliminary in nature but adequate to develop the schematic plan in a responsible manner. Task 11A Develop Green Building Strategy -- Architect shall facilitate a meeting with the entire design & client project team to develop a Green Building Strategy for the project. Task 12 Architectural Outline Specifications — Architect shall develop outline specifications for the project. These will describe all building systems and major finishes by room. Task 13 Schematic Cost Estimate — A detailed cost estimate will be prepared based upon quantity takeoffs generated from the above studies by the project estimating sub-consultant. Sub-consultant will break out separately building, site costs and cage/kennel costs and equipment. Task 14 Planning Department Submittal -- Upon acceptance of the Schematic design by the City design committee, the Architect shall submit the project to the Planning Department for Planning Commission approvals. This will include all meetings, presentations, and submittals required. Task 15 Project Coordination and Meetings as needed to develop consensus on the above design including formal presentation to the City —The Architect shall be responsible to attend all project coordination meetings, including formal presentations to develop consensus on a design for the project. Task 16 Assist City and Animal Friends Groups with Fund Raising. See Draft Animal Shelter Architect Agreement--04.09 2008 0 9 9 c"V 31 Section D.S. of agreement. Architect shall assist the City with fundraising. Such tasks will include 1) identifying sources of grants, and assistance with filling out applications, 2) attendance at fund raisers to present the building design and 3) attendance at meetings with individual donors (up to 3 meetings) to present the project. 4) Provide a rendered elevation and floor plan of the facility for use in presentations and for reprinting in a fund raising brochure. DESIGN DEVELOPMENT THROUGH CONSTRUCTION SERVICES Following the City of Palm Springs' acceptance of the Schematic Design and Cost Estimate described above in Tasks 1 through 15, and upon the City's approval, Architect we-will then proceed into the Design Development Phase. III DESIGN DEVELOPMENT PHASE Tasks A. Review schematic design phase drawing comments B. Building and Site Improvements — 1) Prepare design development phase civil drawings including erosion plan, storm water pollution prevention plan and drainage shed map and calculations. 2) Prepare design development phase architectural, structural, mechanical, plumbing, electrical (including data, fire alarm if required, etc.) and landscape drawings. Coordinate with City for interiors for colors, finishes and FFE requirements. 3) Coordinate civil and structural design with City's Geotechnical consultant. 4) Perform Quality Control Review of Design Development Phase drawings and specifications. 5) Update Green Building Strategy-This will include 1 meeting with the entire design & client project team. C. Prepare design development phase outline specifications. D. Cost estimating sub-consultant shall prepare design development phase estimate of probable construction cost. 2. Meetings A. User meetings — as required. {� Draft Animal Shelter Architect Agreement—04.09 2008 32 3. Deliverables (all deliverables shall be provided in hardoopy format as well as electronic format on CD). A. Deliver 3 copies of: 1) Design development phase drawings 2) Design development phase outline specification 3) Design development phase estimate of probable construction cost 4) Minutes of meetings prepared in electronic format and distributed by email to meeting participants within 5 days of meeting date. 5) LEED'S Strategy/Analysis IV CONSTRUCTION DOCUMENTS PHASE Tasks A. Review design development phase drawing comments. B. Building and Site Improvements — 1) Prepare construction documents (drawings and specifications): • Civil • Architectural • Structural • Mechanical • Plumbing (Fire Sprinklers to be Design/Build) • Electrical (including power, data, fire alarm, etc.) • Landscape • Technical Specifications Divisions 2 through 16 as applicable. • Coordinate modular furniture requirements (purchased by City). • Coordinate interiors for colors, materials and FFE. • Coordinate Chemical Cleaning System and Kennel/Cage Systems. 2) Prepare structural calculations and California Title 24 Energy Conservation Forms. 3) Prepare construction documents phase estimate of probable construction cost. 4) Coordinate final construction documents with City Geotechnical consultants. Draft Animal Shelter Architect Agreement—04.09.2008 © O O O Z O 33 ` 5) Perform Quality Control Review of Design Development Phase drawings and specifications. 6) Commence Commissioning process - See Green Building Consultant proposal. C. Review 96% complete construction documents with City. D. Submit 100% complete construction documents, structural calculations and Energy Forms to City to initiate building permit review process. E. Revise construction documents as appropriate in response to City Building Department, Planning Department, Fire Department and Public Works Department review comments. Submit revised construction documents to City. F. Participate in presentation of project to City Council if required. 2. Meetings A. User meetings — as required. B. Attend 1 Public Hearing as noted under "F above. 3. Deliverables (all deliverables shall be provided in hardcopy format as well as electronic format on CD). A. Deliver 3 copies of: 1) Construction drawings 2) Specifications 3) Estimate of probable construction cost 4) Revised drawings and specifications (one set after City review) 5) Minutes of meetings prepared in electronic format and distributed by email to meeting participants within 5 days of meeting date- V. BIDDING PHASE Tasks A. Respond to Bidders' questions. B. Attend one pre-bid meeting. C. Prepare addendum (if necessary). Draft Animal Shelter Architect Agreement—04.09.2008 D. Review bids with City. 2. Meetings a. Pre bid and Client/User meetings as required VI CONSTRUCTION PHASE/CONTRACT ADMINISTRATION SERVICES Task 1 GENERAL ADMINISTRATION a. The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitles to Additional Services in accordance with this Agreement when Contract Administration Services extend 60 days after the date of Substantial Completion of all phases of the work. b. The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services, The Architect shall have the authority to act on behalf of the City only to the extent provided it this Agreement unless otherwise modified by written amendment. c. Duties, responsibilities and limitations of authority of the Architect under this Agreement shall not be restricted, modified or extended without written agreement of the City and Architect. d. The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings and Specifications in need of clarification and the nature of the clarification requested. e. If deemed appropriate by the Architect, the Architect shall on the City's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to request for information by the Contractor. Task 2 EVALUATION OF THE WORK a. The Architect, as a representative of the City, shall visit the site at intervals appropriate to the stage the Contractor's operations (1) to become generally familiar with and to keep the City informed about progress and quality of the portion of the Work completed, (2) to endeavor to guard the City against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed Draft Animal Shelter Architect Agreement—04.09 2008 6 0 lullU 35 in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality and quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, of for safety precautions and programs in connection with the Work, since these are solely the Contactor's rights and responsibilities under the Contract Documents- b. The Architect shall report to the City known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions if the Work. c. The Architect shall at all times have access to the Work wherever it is in preparation or progress. d. Except as otherwise provided in this Agreement or when direct communications have been specifically authorized, the City shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect e. The Architect shall recommend to the City the rejection of Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection of testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. f, The City acknowledges that the Architect in not the "construction manager" or "supervisor" of the Work, nor is the Architect a "clerk of the works." If the City desires such services, they must be obtained from the Contractor or others. In the event the City utilizes more than one contractor, the Architect advises the City of the need to designate a party to coordinate the several contractors. The Architect will accept such responsibility only through a separate written agreement between the City and the Architect. However, the City is advised that unless a Draft Animal Shelter Architect Agreement—04 09 2008 6090123 36 qualified party is retained to serve as a coordinator of multiple contractors, delay to Project completion and claims for increased costs by contractors and additional architectural services are likely. TASK 3: SUBMITTALS a. The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples which are required to be submitted by the Contract Documents, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the City, Contractor, or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy or completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. b. The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. c. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the contractor shall bear such professionals' written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. TASK 4: CHANGES IN THE WORK a. The Architect shall prepare Change Orders and Construction Change Directives for the City's approval and execution in accordance with the Contract Documents. The Architect may authorize through the Owner's Representative minor changes in the Work not involving an Draft Animal shelter Architect Agreement—04.09 2008 lD U �i 37 �D _ adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified. b. The Architect shall review properly prepared, timely requests by the City or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that the requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the City that the requested change be denied. c. If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause and adjustment in the Contract Time of Contract Sum, the Architect shall make a recommendation to the City, who may authorize further investigation of such change. Upon such authorization, based upon information furnished by the contractor , if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributed to a Change in Services of the Architect. With the City's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. d. The Architect shall maintain records relative to changes in the Work. TASK 5: PROJECT COMPETION a. The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the City, for the City's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work Complies with the requirements of the Contract Documents- b. The Architect's inspection shall be conducted with the Owner's Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. Draft Animal Shelter Architect Agreement—04.09 2008 38 c. When the Work is found to be substantially complete, the Architect shall inform the City about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of work. d. The Architect may receive from the Contractor such shall be promptly forwarded to the Owner's Representative: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the City against liens. TASK 6: SCHEDULE OF ADDITIONAL SERVICES (Note: Architect shall immediately notify City or Owner's Representative prior to undertaking an of the following items to seek authorization.) a. Design and Contract Administration Services beyond the following limits shall be provided by the Architect as an Additional Service: • Up to two (2) reviews of each Shop Drawing, Product item, sample and similar submittal or the Contractor. • Up to two (2) inspections for any portion of the work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. • Up to two (2) inspections for any portion of the Work to determine final completion. • Review of Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect. • Responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other City provided information, Contractor prepared coordination drawings, or prior Project correspondence or documentation. • Change Orders and construction Change Directives requiring extensive evaluation of proposals, including the preparation revision of extensive drawings. • Providing consultation concerning replacement of Work resulting from fire or other cause during construction. • Evaluation of an extensive number of claims submitted by the City's consultants, the Contractor or others in connection with the Work. • Evaluation of substitutions proposed by the City's consultants or contractors after approval of design development documents and making subsequent revisions to drawings and specifications resulting therefrom. Draft Animal Shelter Architect Agreement—04 09.2008 39 Gr • Preparation of design and documentation for alternate bid or proposal requests proposed by the City. • Contract Administration Services provided 60 days after the date of Substantial Completion of all phases of the Work. Draft Animal Shelter Architect Agreement—04.09.2008 EXHIBIT "C" DELIVERABLES Architect shall deliver to city the following specific deliverables at the enumerated steps throughout the design process: Programmatic Phase: 1. "Needs Assessment, Building Program Study"- Ten (10) bound copies, one (1) unbound copy, two (2) electronic copies in "word" disk format. 2. Preliminary Boundary Map — five (5) copies, Survey three (3) copies and one electronic copy. Schematic Design Phase: 1. Schematic Design Drawings as follows: (Five (5) Copies of each) Plot Plan, Floor Plan, and Elevations. 2. Rendered copy of the exterior elevations. 3. Drawings and Color Materials board as required to meet the City Large Project Architectural Approval Application requirements plus a completed application form. 4. Five (5) bound copies and one (1) unbound copy of the Schematic Design Cost estimate. 5. Green Report: Provide five (5) bound copies and one (1) unbound copy of a narrative report that outlines the type of "green/sustainable" measures that will be considered in the upcoming phases of design. 6. Upon Planning Commission approval of the Architecture any revisions that have occurred in the approval process shall be incorporated into a new rendered exterior elevation which shall be mounted on foam board. Electronic copies, along with a full release for the city to utilize, of exterior elevations, renderings and plot and floor plans for fund raising efforts. Design Development Phase: 1. Three (3) of the Design Development set of drawings and specifications. 2. Five (5) bound copies and one (1) unbound copy of the Design Development Cost Estimate, 3. Special Inspection Requirements Report — Two (2) copies of a report from the Structural Engineer on the types of special inspection that will be required during actual construction 4. Green Report: Five (5) bound copies and one (1) unbound copy of a report on the "green/sustainable" measures that are being incorporated into the design. Draft Animal Shelter Architect Agreement—04.09.2008 41 C00048 Construction Documents Phase: 1. Seven (7) copies of the final plans and specification and five (5) copies of structural electrical and Title 24 calculations for Plan Check Submittal 2. Following plan check provide all necessary re-submittal documentation with an extra copy to the Project Manager. 3. Upon receipt of Plan Check Approval Five (5) sets of plans and four (4) bound copies and one (1) unbound copy of the bid documents and specifications. Also provide electronic copies of all bid documents and plans to the City's selected reproduction company. 4. During the CD Phase of work the Design Professional shall submit color and material samples for the Cities approval at least 30 days prior to completion of CD's. 5. Five (5) bound copies and one (1) unbound copy of the Construction Documents Phase Cost Estimate. 6. Green Report: Five (5) bound copies and one (1) unbound copy of a report that outlines all of the "green/sustainable" measures that were incorporated into the design of the project. Bidding Phase: 1. Respond to RFI's as necessary during the bidding phase and develop the answers into Addenda in the city standard format. Provide all necessary sketches and drawing revisions as attachments to any addenda. Construction Phase: 1. Submittal Review: ten (10) days to complete review. 2. RFI's five (5) days to complete review. 3. Shop Drawings ten (10)days to complete review. 4. Provide all necessary sketches and plan revisions as necessary to meet the needs of the project in its timely completion. 5. Provide Job Visit reports within seven (7) calendar days following the visit to include copies of electronic progress photos. Draft Animal Shelter Architect Agreement—04.09,2008 42 LFk4`1]c q.�Ct--Vv%el%:tw4ldvl 1.71AIA Document B214'm - 2007 Standard Form of Architect's Services: LEEDO Certification for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: The author of this document has Palm Springs Animal Shelter added information needed for its SE Corner of Vella and Mesquite completion.The author may also City of Palm Springs,CA have revised the text of the original AIA standard form An Additions and THE OWNER: Deletions Report that notes added (Name and address) information as well as revisions to the standard forth text is available City of Palm Springs from the author and should be 3200 E.Taquitz Canyon Way reviewed A vertical line In the left Palm Springs,CA 92262 margin of this document indicates where the author has added necessary information and where THE ARCHITECT: the author has added to or deleted (Name and address) from the original AIA text. This document has important legal George Miers consequences.Consultation with an George Miers&Associates attorney is encouraged with respect 1150 Mdraga Way#150 to its completion or modification. Moraga,CA 94556 This document provides the Architect's Scope of services only and must be used with an owner- THE AGREEMENT architect agreement.It may be used This Standard Form of Architect's Services is part of or modifies the accompanying with G802' —2007,Amendment to Owner-Architect Agreement(hereinafter,the Agreement)dated the First day of June in the Professional Services the year Two Thousand Eight. Agreement,to create a modification (In words, indicate day, month and year.) to any owner-architect agreement. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 LEED CERTIFICATION SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information.Material changes to this information may entitle the Arclteci to Additional Services. Architect will be retaining KEMA,a LEER Specialist, under the Architect's contract to perform the work described herein. Init. AIA Document S2141u—2007.Copyright ©2004 and E007 by The American Institute of Architects. All rights roserved. WARNING:Ttiis Ale Document is protected by 0.$.Copyright Law and International Treaties.unauthorized reproduction or distribution of this AIA°° Document,or any portion of it, 1 may result in severe civil and criminal penalties,and Will be prosecuted to the maximum extent possible under the law. This document was produced 1 by AIA software at 11:3d:33 on 05(07l2008 under Order No 1000351825_t which expires on 4/912009,and is not for resale User Notes: (612923894) 0r,0 ^ , (List below information, including conditions or assumptions, that will affect the Architect's performance.) ARTICLE 2 LEED CERTIFICATION SERVICES §2.1 The Architect shall consult with the Owner,research applicable criteria,attend Project meetings,communicate with members of the Project team,and issue progress reports.The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. §2.2 The Architect shall submit U.S. Green Building Council's(USGBC's)Leadership in Energy and Environmental Design(LBED)certification documentation to the Owner ai intervals appropriate to the LEED certification process for purposes of evaluation and approval by the Owner.The Architect shall be entitled to rely on approvals received from the Owner to complete the LEED Certification Services. §2.3 PREDESIGN WORKSHOP The Architect shall conduct a predesign workshop with the Owner,the Owner's consultants,and the Architect's consultants at which the participants will review the LEED Green Building Rating System.The participants will also examine each LEED credit utilizing the appropriate:Green Building Rating System Project Checklist as a template for establishing green building goals,identify potential LEED points,examine strategies for implementation,assess the impact on the Owner's program and budget,and determine the LEED points to be targeted. §2A LEED CERTIFICATION PLAN §2.4.1 The Architect shall prepare a LEED Certification Plan based on the LEED points targeted.The LEED Certification Plan will describe the LEED certification process and may contain a description of the green building goals established,LEED points targeted,implementation strategies selected,list of participants and their roles and responsibilities,description of how the plan is to be implemented,certification schedule,specific details about design reviews,list of systems and components to be certified,and certification documentation required. §2.4.2 Subject to Section 3.1.the Architect shall revise the LEED Certification Plan as the design and construction of the Project progresses to reflect any changes approved by the Owner,as a Change in Services. §2.5 LEED CERTIFICATION DOCUMENTATION §2,5,1 The Architect shall organize and manage the LEED design documentation and certification process. §2.5.2 The Architect shall review the LEED certification process and regularly report progress to the Owner. §2.5.3 The Architect shall provide the services of LEED accredited professionals necessary for certification of the Project. §2.5.4 The Architect shall register the Project with the USGBC. Registration fees charged by the IISGBC shall be a reimbursable,expense. §2.5.5 Subject to Section 3.1,the Architect shall prepare submittals for Credit Rulings from the USGBC for interpretation of credit language,principles,or implementation strategies.Credit Ruling fees charged by the USGBC shall be a reimbursable expense. §2.5.6 Subject to Section 3.1,the Architect shall prepare and submit a LEED Certification Application for the Project to the USGBC,including required calculations and documentation for each LEED credit claimed,in accordance with the LEED Certification Phan. §2.5.7 Subject to Section 3.1,the Architect shall prepare responses and submit additional documentation required by comments or questions received from the USGBC after review of the original submission for certification. §2.6 LEED CERTIFICATION SPECIFICATIONS The Architect shall provide specifications that incorporate LEED requirements for inclusion in the Contract Documents.The Contract Documents shall define the Contractor's responsibilities and documentation requirements AIA Document 02147n—2007.Copyright ©2004 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIAo Document Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it, 2 may Ycsult in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced t by AIA software at 11:34:92 on 0510712000 under Order No.1000351 825_1 which expires on 4/912009,and is not for resale User Notes: (61292$594) related to LEED certification,including Construction Waste,Management,Construction Indoor Air Quality,and obtaining materials credits. §2.7 LEED CERTIFICATION SERVICES DURING BIDDING §2.7.1 The Architect shall conduct a pre-bid meeting to review the differences between current standard construction practices and LEED principles,procedures,and requirements. §2.7.2 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents related to LEED certification in the form of addenda. §2.7.3 The Architect shall consider requests for substitutions,if permitted by the Bidding Documents,and shall prepare addenda identifying approved substitutions related to LEED certification. §2.7.4 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal,if any,related to LEER certification. §2.8 LEED CERTIFICATION SERVICES DURING CONTRACT ADMINISTRATION §2.8.1 The Architect shall review properly prepared,timely requests by the Contractor for additional information about the Contract Documents related to LEED certification. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. §2.8.21f deemed appropriate by the Architect,the Architect shall, on the Owner's behalf,prepare,reproduce and distribute supplemental Drawings,Specifications and information in response to requests for information by the Contractor related to LEED certification. §2.8.3 Subject to Section 3.1,the Architect,as a representative of the Owner,shall visit the site at intervals appropriate to the stage of the Contractor's operations,or as otherwise agreed by the Owner and the Architect in Section 3.1.4,to become generally familiar with and to keep the Owner informed about the progress of the portions of the Work related to LEED certification.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall not have control over,charge of,or be responsible for,the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §2.8.4 The Architect shall at all times have access to the Work wherever it Is in preparation or progress §2.8.5 Subject to Section 3.1,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with requirements for LEED certification.The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Owner's consultants or Contractor,while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and insrallation or performance of equipment or systems, which are the Contractor's responsibility.The Architect's review shall riot Constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §2.8.6 The Architect shall review properly prepared,timely requests by the Owner,Owner's consultants or Contractor for changes in the Work related to LEED certification.A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications.If the Architect determines that requested changes in the Work are not materially different from the requirements for LEED certification,the Architect shall recommend an order for a minor change in the Work be issued or recommend to the Owner that the requested change be denied. AIA Document B214w-2007.Copyright 02004 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This AIA7 Document IniL Is protected by U.S.Copyright Law and International Treaties.uneuthorlaed reproduction or distribution at this AIA"Document,or any portion of it, 3 may result In severe civil and criminal penalties,and will be prosecuted to the maxlmpm extent possible under the law. This document was produced / by AIA soltware at 1124:33 on 05/07/2008 under Order Np,1 00 0 351 825_1 which expires on 419/2009.and is not for resale. User Notes: (612g23894) §2.8.7 If the Architect determines that implementation of the requested changes would result in a material change to the LEED certification,the Architect shall notify the Owner,who may authorize further investigation of such change.Upon such authorization,and based upon information furnished by the Contractor,if any,the Architect shall make a recommendation to the Owner regarding the implementation of the requested changes. §2.9 FINAL LEED CERTIFICATION REPORT The Architect shall prepare a Final LEED Certification Report documenting the LEER rating the Project achieved, including the LEED Certification Plan,LEER Certification Documentation submitted,LEED Certification Reviews received from the USGEC,together with the specific LEED points that the Project is recognized as having received, all clarifications or interpretations of credits,and any re-certificaton requirements. ARTICLE 3 ADDITIONAL SERVICES §3A The Architect shall provide LEED Certification Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: .1 ( NA )revisions to the LEED Certification Plan—As required. ,2 ( 2 )meetings during development of the design and Contract Documents(2 each phase for the LEED Consultant) .3 ( 2 )reviews of each Shop Drawing,Product Data item,sample and similar submittal of the Contractor .4 ( NA )visits to the site by the LIKED Consultant over the duration of the Project during construction—will be performed as required under Commissioning Contract directly with owner. .5 ( NA)submittals to the USGSC—as required .6 ( NA )responses to the USG13C's comments and questions—as required §3.2 To avoid delay,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If the Owner subsequently determines that all or parts of those services are not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those services: .1 Review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; ,2 Responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information,Connractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals,including the preparation or revision of Instruments of Service; .4 Providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 Evaluation of an extensive number of claims submitted by the Owner's consultants,the Contractor or others in connection with the Work; .6 Evaluation of substitutions proposed by the Owner's consultants or contractors and malting subsequent revisions to Instruments of Service resulting therefrom;or .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner. ARTICLE 4 OWNER'S RESPONSIBILITIES §4.1 The Owner shall furnish a program setting forth the Owner's objectives,schedule,constraints and criteria, including system requirements and relationships,special equipment and site requirements. §4.2 The Owner shall provide to the Architect data necessary for the LEED Certification Services which may include design drawings,construction documents,record drawings,shop drawings and other submittals,operation and maintenance manuals,master plans,operation costs,operation budgets,pertinent records relative to historical building data,building equipment and furnishing and repair records. §4.3 The Owner shall provide access to the property,buildings,and personnel necessary for the Architect to provide the LEED Certification Services.The personnel shall conduct tours and walk-throughs and explain the facility's original,current and anticipated future use. AIA Document 13214TM-2007.Copyright®2004 and 2007 by The American Inshtu to of Architects. All rights reserved. WARNING:This Ale Document toll' i3 protected by V.S.Copyright Law and International Trollies.unauthorized reproduction or distribution at this AIA^0 Document,or any portion of it, 4 may result in sevare civil and criminal penalties,and will be prosecuted to the maximum Mont possible under the law. This document was produced by AIA software at 11:34:09 on 05/07/2008 under Order No.1 00 0 351 825_1 which expires on 4/9/2009 and is not for resale. user Notes: (512923894) 60C91� §4.4 The Owner shall furnish the services of design consultants,testing agencies,and contractors necessary to allow the Architect to provide the LEED Certification Services, ARTICLE 5 COMPENSATION §5.1 For the Architect's LEED Certification Services described under Article 2,the Owner shall compensate the Architect as follows: (Insert amount of, or basis far, compensation.) As described in Owner/Architect Agreement §5.2 For Additional Services that may arise during the course of the Project,including those under Sections 3.1 and 3.2,the Owner shall compensate the Architect as follows: (Insert amount of,or basis for, compensation.) Same as Owner/Architect Agreement §5.3 Compensation for Additional Services of the Architect's consultants when not included in Section 52,shall be the amount invoiced to the Architect NA ( ),or as otherwise stated below: Owner/Architect Agreement to Govern ARTICLE 5 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services:LEED Certification, if any, are as follows: AIA Document B21M1TM-2007.Copyright�2004 and 2007 by The American Institute of Architects. All rights reserved. WARNING:This Ale'' Document Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it, 5 may result in Severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced J by AIA software at 11:34:33 on 05107/20DB under Order No.I000051 mLi which expires on 4/912009,and is not for resale. User Notes: (512923694) 000054 EXHIBIT "E" Architect Officers, Employees, Consultants Architect Associated Architect George Miers &Associates Cioffi Architect George Miers, Principal James Cioffi, Principal 1150 Moraga Way#150 Andrew Laule, Job Captain Moraga, CA 94556 2121 E. Tahquiz Canyon Way 93 925-631-6900 Palm Springs, CA 92262 760-325-1557 Landscape Architect Electrical Engineer Randy Purnel Landscape Architects Kruse & Associates Randy Purnel Keith Kruse 70-390 Hwy 111, Suite "A" 12245 World Trade Dr., Ste. E Rancho Mirage, CA 92270 San Diego, CA 92128 760-324-2682 858-676-9776 Civil Engineer Structural Engineer MDS Consulting Simpson Gumpertz & Heger Chris Bergh, Vice President John Sumnicht, Principal 78900 Avenue 47 Ste. #208 1055 West 7th Street, Suite#2500 La Quinta, CA 92253 Los Angeles, CA 90017 760-771-4013 213-271-2000 Mechanical & Plumbing Engineers Acoustical Engineers Merrick &Associates Wilson, Ihrig &Associates Dave Merrick Pablo Daroux 9606 Tierra Grande Street, Ste. #206 5776 Broadway San Diego, CA 92126 Oakland, CA 94618 858-549-9980 510-658-6719 Cost Estimator LEED Consultants DWJ Construction KEMA Services Inc. David Johnston Andrea Traber, Director 1445 N. Sunrise Way#203 Erik Dyrr, Commissioning Authority Palm Springs, CA 92262 492 Ninth Street, Suite 220 Oakland, CA 94607 510-891-0446 Charles Angyal, Director 3603 B 51h Avenue San Diego, CA 92103 619-688-1210 Draft Animal Shelter Architect Agreement—04.09.2008 43 ®� °' EXHIBIT "F" MASTER SCHEDULE The Palm Springs Animal Shelter project is divided into six (6) phases; 1) Programming, 2) Schematic Design, 3) Design Development, 4) Construction Documents, and 5) Contract Administration. Under the provisions of this agreement each Phase of the work shall stand alone; that is, at each phase there will be a Notice to Proceed issued and the project will not proceed beyond that Phase until all approvals are received and the Notice to Proceed on the next Phase is provided in writing. Each Phase of the work shall have calendar days allocated for the Architect to perform the work, as follows: Calendar Days Phase To Complete Work 1) Programming Phase 120 2) Schematic Design Phase 90 3) Design Development Phase 75 4) Construction Documents Phase 120 5) Bidding Phase 45 6) Contract Administration Phase 420 Note: LEED activities will occur throughout the entire project and various required deliverables for the LEED effort will be due at the end of the Phase that the specific deliverable is indicated to occur. The Boundary and Aerial Topographic Survey work will occur during the Programming Phase. Draft Animal Shelter Architect Agreement—04.09 200$ 44