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HomeMy WebLinkAboutDouglas Fredrikson Architects; 2006-01-04;AMENDMENT NO. 2 TO AGREEMENT FOR BUILDING ARCHITECTURE CONSTRUCTION PHASE SERVICES FOR THE CARLSBAD CITY GOLF COURSE PROJECT, CITY PROJECT NUMBER 39721-3 DOUGLAS FREDRIKSON ARCHITECTS Q This Amendment No. 2 is entered into and effective as of the /*? day of ? *j/rxJajn*J 2007, amending the agreement dated January 4, 2006 (the "Agreement") by and between the CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers authority, ("CPFA"), and DOUGLAS FREDRIKSON ARCHITECTS, an Arizona corporation ("Contractor") (collectively, the "Parties") for building and architectural construction phase services for the Carlsbad City Golf Course Project, hereafter the "Project." RECITALS A. On April 9, 2007, the Parties executed Amendment No. 1 to the Agreement to provide additional construction phase architectural services for the Project; and B. The Parties desire to alter the Agreement's scope of work to provide final and complete construction phase architectural services required for the Project; and C. The Parties have negotiated and agreed to a final and complete scope of services and fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CPFA and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide final and complete construction phase architecture services required by CPFA for the Project, 2. City will pay Contractor for all work associated with said additional services on a total fixed price basis of fifty-seven thousand dollars ($57,000). The Parties hereby agree this Amendment No. 2 shall comprise the final and complete scope of work and compensation for all construction phase architecture services for the Project. 3. Contractor will complete all additional work prior to January 4, 2008. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. City Attorney Approved Version #05.22.01 CONTRACTOR *B CARLSBAD PUBLIC FINANCING AUTHORIj&Y, a Joint Povye/s Ayth^rity (print name/title) CPFA Cha i rrnan" 6 ATTEST: (--(e-mail address) M.WOOD Secretary (print name/title) &***&?il address) .Contractor shall provide a proper notarial acknowledgmeji Contractor. If a Corporation, this Amendment must b< each of the following two groups. '<*• CoetftMtisEdU *' FLOYD R. ADAMS NOTARY PUBLICJSTATE OF ARIZONA t by the "Group A. Chairman, President, or Vice-President **Group B. Secretary, OFFICIAL SEALFLOYD R. ADAMS ™LICOSTATE OF ARIZONAMARICOPA COUNTYMy comm. Expires May 4,2010 Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, Counsel to the Board By:. Counsel REV. 10/29/2007 AMENDMENT NO. 1 1D AGREEMENT FOR BUILDING ARCHITECTURE CONSTRUCTION PHASE SERVICES FOR THE CARLSBAD CITY GOLF COURSE PROJECT, PROJECT NOS. 39721-1, 397214 AND 39721-5 (DOUGLAS FREDRIKSON ARCHITECTS) A"*»ndment No.1 is entered into and effective as of the day of _ 2007 . amending the agreement dated January 4, 2006 (the "Agreemenf) by and fcetweerrine CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers authority. ('CPFA"), and DOUGLAS FREDRIKSON ARCHITECTS, an Arizona corporation. CContractor") (collectively, the "Parties") for building and architectural construction phase services on the Carlsbad Municipal Golf Course. RECITALS A. The Parties desire to alter the Agreement to increase the allowable amount by $85.000, for a total Agreement amount of $170,000; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW. THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CPFA and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contactor wM provide those services described in Exhibit "A". 2. CPFA will pay Contractor for all work associated with those services described in Exhtoit "A* on a time and materials basis not-to-exceed one hundred seventy thousand dollars ($170,000). Contractor has agreed that this amount is final and no further increase will be requested. Contractor has agreed to provide any and all services necessary to complete the project, and no further compensation shall be paid. Contractor wiN provide CPFA, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CPFA. 3. Contractor will complete all work described in Exhibit 'A' by January 4, 2008. 4. AH other provisions of the Agreement, as may have been amended from time to time, will remain In full force and effect. 5. All requisite insurance policies to be maintained by ContractCMr pursuant to the Agreement, as may have been amended from time to time, wiN include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the Instalments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CARLSBAD PUBLIC st name/title) s J4^wMg<^ - CA*.ATTEST: LORRAINE M. WO Secretary to the Board (e-mail address) If required by CPFA. proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. •Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 7°°'1 ' fc teQt-P^UC^AO-Y) City Attorney Approved Version #05.22.01 OFFICIAL SEAL JONA1HONR.HL1JERUP NOTARY PUBLIC - Slate of ManMARKJOPA COUNTYMy Comm. Exptrae Aug. 19,2007 EXHIBIT "A" SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. Construction Contract Administration Services Objective: This phase of the work will consist of observation of construction for conformance to the construction documents. Content: Construction Contract Administration services will include: • Project Administration including meetings, conferences, communications, and progress reports • Disciplines coordination/document review of involved engineering disciplines for the project • Owner supplied data coordination • Final Architectural Design review • Final Structural Design review • Final Mechanical, Plumbing and Electrical design review • Final Civil Design review • Final Landscape Design review • Final Interior Design Coordination • Project schedule review/refinement with Owner's General Contractor/Construction Manager • Agency consultation/review/submittal for permit • Owner's approval/authorization to proceed HOURLY BILLING RATES PRINCIPAL PROJECT DIRECTOR PROJECT ARCHITECT JOB CAPTAIN TECHNICAL STAFF ADMINISTRATION STAFF $250.00 $200.00 $160.00 $90.00 $75.00 $55.00 City Attorney Approved Version # 05.22.01 .. 1. AGREEMENT FOR BUILDING ARCHITECTURE CONSTRUCTION PHASE SERVICES FOR THE CARLSBAD CITY GOLF COURSE PROJECT DOUGLAS FREDRIKSON ARCHITECTS THIS AGREEMENT is made and entered into as of the 4 +L day of 2006, by and between the CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers 2uthority bf the City of Carlsbad, California, ("CPFA"), and DOUGLAS FREDRIKSON ARCHITECTS, an Arizona corporation, ("Contractor"). 3eQMc RECITALS A. CPFA requires the professional services of the building architect of record for the Carlsbad City Golf Course Project, hereafter referred to as the "Project," to provide construction phase architecture services for the Project. Contractor has the necessary experience in providing professional services and advice related to the Project. Selection of Contractor is expected to achieve the desired results in an expedited fashion. Contractor has submitted a proposal to CPFA and has affirmed its desire, willingness, and ability to perform such work. Contractor has completed pre-construction services including, but not limited to, addendum preparation, responses to bidder's questions, attendance at the pre-bid meeting, coordination of drawing and specification documents, furnishing of reproducible drawing sheets, and initial interior design review for which this agreement shall reimburse Contractor for said services. 6. C. D. E. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CPFA and Contractor agree as follows: 1. SCOPE OF WORK CPFA retains Contractor to perform, and Contractor agrees to render, those services (the "Services") during the construction phase of the Project including, but limited to, travel to and attendance at site meetings, provide review and written responses to submittals, requests for substitution, requests for information, contractor and / or CPFA change requests, evaluate cost proposals, issue architect's supplemental instructions and / or memoranda, provide or cause to be provided by others all interior design support services including a complete list with appropriate and customary details and descriptions of fixtures, furnishings, and equipment to be competitively bid by CPFA required of the Project, and all related customary and reasonable services during construction of the Project appropriate to professional building architecture. Contractor shall also provide, or cause to be provided by others, all necessary sub-consultant support for structural, mechanical, electrical, plumbing, lighting, interior design, and all other disciplines required to support Contractor's design drawings and project specifications during the construction phase of the Project. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. City Attorney Approved Version #04.01.02 1 .. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The CPFA Manager may amend the Agreement to extend it for two additional one year periods or parts thereof in an amount to be negotiated between the parties per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, CPFA needs, and appropriation of funds by the CPFA Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be made on an hourly, time and materials basis dollars not to exceed seventy-five thousand dollars ($75,000) for the construction phase services and ten thousand dollars ($1 0,000) for the aforementioned pre- construction services described in RECITALS, subparagraph E above, for a total of eighty-five thousand dollars ($85,000). A description of hourly rates and other related costs of the services is attached as Exhibit "A incorporated by reference and made a part of this agreement. Payments to Contractor shall be made monthly following invoice submittal to CPFA and CPFAs review and approval. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of CPFA only as to the result to be accomplished, but will consult with CPFA as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CPFA for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CPFA will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CPFA will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CPFA within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CPFA may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the CPFA's election, CPFA may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CPFA. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CPFA for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CPFA. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of City Attorney Approved Version #04.01.02 2 this Agreement applicable to Contractor's work unless specifically noted to the contrary in the * subcontract and approved in writing by CPFA. 8. OTHER CONTRACTORS The CPFA reserves the right to employ other Contractors in connection with the Services. 9. Contractor agrees to indemnify and hold harmless the CPFA, City of Carlsbad, and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. IN DEM N I F IC AT10 N The parties expressly agree that any payment, attorney's fee, costs or expense CPFA and/or City of Carlsbad incurs or makes to or on behalf of an injured employee under the CPFAs and/or City of Carlsbad's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Ag reemen t. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI. IO. 1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless CPFA Counsel or CPFA Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CPFA, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for CPFA). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to CPFAs satisfaction, a declaration stating this. City Attorney Approved Version #04.01.02 3 IO. 1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CPFA will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CPFA sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 ProvidinQ Certificates of Insurance and Endorsements. Agreement, Contractor will furnish certificates of insurance and endorsements to CPFA. Prior to CPFA’s execution of this 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CPFA will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CPFA to obtain or maintain insurance and CPFA may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CPFA reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. I I. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CPFA during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CPFA. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CPFA. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. City Attorney Approved Version #04.01.02 4 . 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CPFA and Contractor relinquishes all claims to the copyrights in favor of CPFA. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CPFA and on behalf of Contractor under this Agreement. For CPFA: For Contractor: Name: Skip Hammann Title: Deputy City Engineer Name: Doug Fredrikson Title: President Department: Public Works City of Carlsbad Address: 727 East Bethany Home Road, Suite D123, Phoenix, Arizona Address: 5950 El Camino Real Carlsbad, California 92010 Phone No.: 760-602-2780 85014 Phone No.: 602-277-1625 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST CPFA will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City of Carlsbad’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City of Carlsbad City Clerk those schedules specified by CPFA and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. City Attorney Approved Version #04.01.02 5 . Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of jact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CPFA will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the CPFA Manager. The CPFA Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the CPFA Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CPFA may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CPFA may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CPFA and all work in progress to CPFA address contained in this Agreement. CPFA will make a determination of fact based upon the work product delivered to CPFA and of the percentage of work that Contractor has performed which is usable and of worth to CPFA in having the Agreement completed. Based upon that finding CPFA will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CPFA, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CPFA. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CPFA will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CPFA will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement City Attorney Approved Version #04.01.02 6 . .. price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to CPFA must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CPFA, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CPFA seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CPFA to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CPFA and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CPFA, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 7 .. . -. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. A A CONTRACTOR ( p ri n t n ame/t i t le) (sign here) ' -%v (print na'me/titIe) (e-maiwress) U&.m* a ATTEST:\ \ Proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, CPFA Attorney By: otfl /1-@-,&)65 fli?@&?gD fle afifldKfl- LEE, A fi~'iAP7, 9oLJGLAs LJ_ &EBR\ksoU 7" CIgWL 2EFmpBflcED sigA+e k5 PRE smu7- ANP ps 7@5hSLJRGi? fa /l- @-sa5 City Attorney Approved Version #04.01.02 8 .I I . I EXHIBIT “A” Hourly rates and related costs of the Services: HOURLY BILLING RATES PRINCIPAL .... . .................. . ....................................................................... $250.00 PROJECT DIRECTOR ............................................................................ $200.00 PROJECT ARCHITECT .......................................................................... $160.00 JOB CAPTAIN ....... . ..................................................................................... $90.00 I TECHNICAL STAFF .................................................................................. $75.00 fl ADMINISTRATIVE STAFF ...................................................................... $55.00 City Attorney Approved Version #04.01.02 9 December 7,2005 TO: COLETTE WENGENROTH, FINANCE MANAGER / FROM: JOHN CAHILL, MUNICIPAL PROJECTS MANAGE RE: SOLE SOURCE DETERMINATION Attached is a new agreement with the City’s Golf Course building architect firm, Douglas Fredrikson Architects, to provide construction phase architecture services for the City’s Golf Course Project currently under construction. Because this is a new agreement for services, the Assistant City Attorney has asked us to get a “sole source determination” approval from you for this contract. B ac kg ro u nd : The City solicited open proposals for project design services in the mid-I 990’s for this project. Several submittals were received, evaluated, and this architecture firm was selected for the design of the multiple buildings on the project. Their design work was completed and accepted by the City in late 1999 only to have the entire project placed “on-hold” thereafter. The entire project was resurrected in early 2005 and is now under construction, including the buildings designed by the Fredrikson firm. It was understood at the time of soliciting the original design services proposals now approximately 8 to 9 years ago that the entire services to be provided to the City included both design of the facilities and subsequent construction phase support by the architects. Douglas Fredrikson is the “architect of record” for this project and his California professional license number and stamp are on the drawings for this project. Fredrikson alone is responsible to the City for the professional liability that accompanies the drawings and other construction documents produced by his firm. This new agreement is a continuation of the original scope of work and provides the necessary construction phase services required of the City which are the responsibility of the design architect. Please indicate your approval of the “sole source” use of this firm and return this “original” signed agreement to this office as soon as possible, Please call me at x-2726 with any - questions. - a,,, {HA #64e+m9-T attach men ts : (1) December 1, 2005 memo to the Assistant City Attorney; P/d (2) “Original” signed agreement with attachments.