Loading...
HomeMy WebLinkAboutAGENDA REPORT 2005 0119 CC REG ITEM 09AITEM q.A. CITY OF MOORPARK, CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL of AGENDA REPORT ACTION:,tu TO: The Honorable City Council —' BY. FROM: Hugh R. Riley, Assistant City Manager DATE: January 7, 2005 (CC Meeting of 1/19/05) SUBJECT: Consider Award Contract Totaling $59,620 for Design Site Improvements and Building Concepts for the Human Services Center to HMC Architects DISCUSSION One of the City Council's top ten priority projects is the development of a Human Services Center including facilities to provide medical, dental and mental health services and other social services to the City's low and moderate income families. In April 2001 the City of Moorpark Redevelopment Agency acquired a 7.58 acre site on Spring Road for the Police Services Center. Approximately two acres of that site have been designated as the site for the new Human Services Center and this parcel has been acquired by the City with Community Development Block Grant Funds for that purpose. The proposed facility would include a 10,000 square foot medical clinic, a 15,000 square foot "Under - one- Roof" Building and an area for day laborers to assemble to await opportunities for work. In May 2004, Staff invited more than 70 Architectural firms to submit proposals for the design and development of site improvements and the conceptual design of the buildings for the Center. The City received proposals from ten architectural firms. Those submitting proposals were: A.J. Lumsden and Associates Architects West GKK /DLR Corporation Robbins, Jorgensen & Christopher Martinez Architects, Inc. Leo A Daly MDA Johnson Favaro HMC Architects Carde Ten Liber Studio q)0004!1:: Honorable City Council January 19, 2005 Page 2 A Review Committee consisting of the Assistant City Manager, Community Development Director, Public Works Director, City Engineer, and Senior Management Analyst for Redevelopment conducted a preliminary evaluation of each of the proposals with regard to the following criteria: 1. The firm's understanding of the project 2. The Architect's approach and methodology for the project 3. The schedule for the project's development 4. The relevant experience of the firm 5. The architect's consideration for the site conditions and concerns 6. The architect's creativity and sensitivity to the City's needs 7. Stated exceptions to the City's proposed agreement for services 8. The overall presentation provided by the design team The proposals were ranked by the committee based on the above criteria and the firms ranked among the top seven were invited to make a presentation to the committee. The firms invited were Martinez Architects, Inc., Robbins, Jorgensen & Christopher, Architects West, Carde Ten, HMC, Leo Daly, and Liber Studio. Robbins declined the interview. To measure and compare the proposed level of effort for the project, each of the invited firms were asked to submit a report showing the staff and number of hours assigned for each of the tasks involved in the planning and design scope of work. In evaluating the firms and their interview presentations, the committee considered the level of effort as well as factors similar to those used in the initial ranking but examined these factors in greater detail. Specific emphasis was given to each firm's demonstrated understanding and approach to the project, particularly the architect's understanding of the project's concept. The interview panel selected HMC as the top candidate firm. References were contacted and staff began negotiations for a proposed agreement for services and compensation. The terms of the agreement have now been finalized and a not -to- exceed fee of $59,620 is included in the agreement. The fee includes a $500 allowance for reimbursable expenses. 1)OO 4C. Honorable City Council January 19, 2005 Page 3 ABOUT HMC ARCHITECTS HMC Architects' project portfolio has been built primarily upon public agency work. As a result, they have an intimate understanding of the complex funding and organizational challenges faced by this unique client sector. Their experience gives them the ability to quickly adapt to these complexities while focusing on the elements crucial for the development of a project geared toward the City's goals and visions. Design work begins with the tenet that budget and scheduling concerns are fixed elements of the project that can only be met or reduced. HMC Architects also has the distinctive benefit of having worked side by side with private sector clients. PROJECT BUDGET The Approved Capital Improvement includes sufficient funds for this remainder of the current Fiscal Year. the City's Community Development Block STAFF RECOMMENDATION (Roll Call Vote) Budget for F.Y. 2004 -05 contract work for the Funds were budgeted from Grant Allocation. Award a contract to HMC in the amount of $59,620 for the Design of the Human Services Center Site and Building Concept Design, authorize the City Manager to execute said contract subject to final language approval by the City Manager and the City Attorney Attachment: Agreement for Professional Design Services AGREEMENT BETWEEN THE CITY OF MOORPARK AND HMC ARCHITECTS FOR ARCHITECTURAL SITE AND BUILDING CONCEPT DESIGN AND CONSULTING SERVICES FOR A HUMAN SERVICES CENTER THIS AGREEMENT is made and entered into on this day of 11 2005, in the County of Ventura, State of California, by and between the City of Moorpark, a municipal corporation, hereinafter referred to as "City ", and HMC Architects hereinafter referred to as "Architect ". WITNESSETH WHEREAS, on March 24, 2004, City distributed a Request for Qualifications and Proposals for architectural design and consulting services for a Human Services Center Project; and WHEREAS, pursuant to said request, Architect submitted a proposal, which was accepted by City for services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM - The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until the completion of services and acceptance by the City of the deliverable products and services as specified in the Final Scope of Work included as attached Exhibit A. 2. INCORPORATION BY REFERENCE - Exhibits A, B and C and all attachments or sub - exhibits thereto are hereby incorporated in and made part of this Agreement. 3. CITY OBLIGATIONS - For furnishing services as specified in this Agreement, City will pay and Architect shall receive as full compensation therefore, a total sum based on the compensation schedule shown in Exhibit "B ", Compensation Schedule attached hereto and made part of this Agreement. Payments to the Architect shall be made within thirty - five (35) days after receipt of an original invoice and back up materials from the Architect and acceptance of the invoice and back up by the City. Invoices will be considered accepted, if not rejected within 15 days of receipt by the City. Undisputed 1) 0094£ invoices unpaid beyond 35 days shall bear an interest rate of 1 1/2% per month on outstanding balance 4. ARCHITECT'S OBLIGATIONS - For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Architect agrees with City to provide services as specified and to do everything required by this Agreement consistent with the standards of care, the said Request for Qualifications, Proposal and Exhibit A attached hereto. Architect shall review, coordinate and approve the work of all consultants retained by Architect. Architect shall be responsible for all work performed by said consultants (a) as being complete, (b) as meeting City's and Architect's requirements. Without limiting the generality of the foregoing, Architect warrants on behalf of itself and all subconsultants engaged for the performance of this Agreement, that only persons authorized to work in the United States, pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws, Shall be employed in the performance of the work hereunder. 5. HOLD HARMLESS AND INDEMNIFICATION - Architect shall hold harmless, indemnify, and defend City and all of its officers, employees, servants, project coordinator from any claim, demand, damage, liability, loss, cost, or expense for any damage including but not limited to death or injury to any person and injury to any property, resulting from the willful misconduct, negligent acts, errors or omissions of Architect or any of its officers, employees, servants, or agents in the performance of this Agreement, except such damage as is caused by negligence of the City of any of its officers, employees, servants, project coordinator or agents. 6. INSURANCE - Architect shall secure from a company with an A.M. Best rating of not less than A:VII doing insurance business in the State of California as a "California admitted company ", pay for, and maintain in full force and effect for the duration of this Agreement, a policy of comprehensive liability insurance and shall furnish a Certificate of Insurance and an Endorsement to the City Manager before the execution of this Agreement by City. Notwithstanding any inconsistent statement in the policy of any 2 94� subsequent endorsement attached thereto, the protection offered by the policy shall be as follows: Description of Coverage Limits of Coverage a) General Comprehensive $2,000,000 Liability (Must be written Combined on an occurrence form and Single Limit include bodily injury and property damage) b) Automobile Liability for owned $1,000,000 autos and non - owned /hired autos (Must be written on an occurrence form) c) Professional Liability /Errors $1,000,000 & Omissions d) Worker's Compensation Statutory e) Employer's Liability Statutory Architect shall provide Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 per occurrence. Coverage 6 a) and b) shall also include an additional insured endorsement, using form No. CG 2010 11 85, covering the City, its agents, consultants, project coordinator, and employees, and all of the foregoing insurance shall have attached a rider whereby it is provided, in a format acceptable to City, in the event of expiration, reduction or proposed cancellation of such policy for any reason whatsoever, that City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration, reduction or cancellation is effective, or 10 days for non - payment of premium. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against 3 900950 acts, errors or omissions of the Architect and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Architect shall provide Business Automobile Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Architect owns no vehicles, this requirement may be satisfied by a non - owned auto endorsement to the general liability policy described above. If Architect or Architect's employees will use personal automobiles in any way in performance of this Agreement, Architect shall provide evidence of personal automobile liability coverage for each such person. 7. INDEPENDENT CONTRACTOR - Architect is and at all times shall remain, as to the City, a wholly independent contractor. Architect shall not, at any time or in any manner, represent that he is an officer, employee or agent of the City. Architect shall comply with all applicable provisions of the Worker's Compensation Insurance and Safety Acts and Labor Code of the State of California. 8. AMENDMENTS - Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 9. TERMINATION - Architect may terminate this Agreement only for breach of contract by City and upon thirty (30) days written notice. City may terminate this Agreement without cause, and upon thirty (30) days written notice to Architect, in which case Architect shall be entitled to receive compensation for the value of the Architect's services performed through the termination date. Furthermore, if, during the term of this Agreement, City determines that Architect is not faithfully abiding by any term or condition 4 contained herein, City shall provide Architect with written notice and said notice must give Architect a 10 -day notice of time thereafter in which to begin to cure in good faith said work or cure the deficiency. If Architect has not begun the work or cured the deficiency within the time specified in the notice, or if a similar failure to perform or deficiency is repeated, such shall constitute a breach of this Agreement and City may terminate this Agreement, immediately by written notice to Architect to said effect. In said event, Architect shall be entitled to the value of its services performed up to the day it received City Notice of Termination, minus any offset from such payment representing the City's damages from such breach. Failure of the Architect to provide the City reports, exhibits, drawings, documents, charts, graphs and other material which meets or exceeds reasonable professional standards, or in a timely manner, shall entitle City to offset against any amounts owed costs incurred by City to replace or obtain such materials or services which meet or exceed reasonable professional standards in a timely manner from other sources. In no event shall Architect be entitled to receive remuneration in excess of the compensation quote in its proposal /bid, unless specifically agreed to in writing by the City. 10. OWNERSHIP OF DOCUMENTS - Upon completion of any report, study or drawings to be provided by Architect or its consultant(s) in the course of performing the services required in the Request for Proposal, or upon sooner termination of the Agreement, all original material prepared by Architect shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without permission of Architect for work relating to this site only and subject to the restrictions provided in the Business and Professions Code, Section 5536.25. "If the City uses any plans, drawings, or other instruments prepared by architects in performance of this Agreement for any project other than the Human Services Center - City of Moorpark, the City of Moorpark will agree to defend, indemnify and hold harmless HMC Architects, and any of its officers, agents, employees, assigns, and successors in interest 6" 1 4. 0160 from and against any and all suits and causes of action, claims, losses, demands, expenses, including, but not limited to, attorney's fees, and costs of litigation and /or arbitration, damage or liability of any nature whatsoever, for death or injury to any person, including the contractor's employees and agents, or damage to or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the reuse of the architect's plans, drawings, writings, or other instruments as prepared by the architect, should the same be used for any project other than the Human Services Center - City of Moorpark. 11. ASSIGNMENT /SUCCESSORS - Architect shall not assign this agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parities that the Architect is uniquely qualified to perform the services provided for in this Agreement. 12. ATTORNEY'S FEES - If any action at law or suit in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and necessary disbursements, in addition to any other relief to which it may be entitled. 13. COMPLETE AGREEMENT - This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding on the parties hereto. In the event of conflict between the terns, conditions, or provisions of this Agreement and any such document or instrument, the City shall be the sole person to decide which document or provision shall govern. 14. TIME OF PERFORMANCE - Time is of the essence in this Agreement. 6 15. ANTI - DISCRIMINATION - In the performance of the terms of this Agreement, Architect agrees that it will not engage in, nor permit such subcontractors as it may employ to engage in, discrimination in employment of persons because of the age, race, color, creed, sex, sexual orientation, national origin, ancestry, religion, physical disability, medical disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred in Labor Code Section 1735. 16. VENUE - This Agreement is made, entered into, and executed in Moorpark, Ventura County, California, and any action filed in any court of law for arbitration of the interpretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. 17. AUDIT - City shall have the option of inspecting and /or auditing all records and other written materials used by Architect in preparing its statements to City as a condition precedent to any payment to Architect. 18. INTERPRETATION OF AGREEMENT - Should interpretation of this Agreement, or any portion thereof be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the grounds that the party prepared the Agreement or caused it to be prepared. 19. WAIVER - No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 20. CAPTIONS AND HEADINGS - The captions and headings of the various Articles and Paragraphs of this Agreement are for the convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. II 21. NOTICE - All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail and addressed as follows: HMC Architects Joe A. Kragelund, AIA Regional Vice President 766 E. Colorado Blvd., Ste. 200 Pasadena, CA 91101 (626) 535 -0500 City of Moorpark Steven Kueny, City Manager 799 Moorpark Avenue Moorpark, CA 93021 (805) 517 -6215 22. AUTHORITY TO EXECUTE AGREEMENT - Both City and Architect do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. 23. CONFLICT OF INTEREST - Neither Architect nor any employees, agents or subcontractors of Architect who will be assigned to this project, to the best of Architect's knowledge, own any property or interest in properties, business relationships or sources of income which may be affected by the performance of this Agreement. Should either party hereto learn of any such interest, income source or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, City may terminate the Agreement immediately on the same conditions applicable per Section 9 hereof. $ t 01J5 S IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF MOORPARK Steven Kueny, City Manager ATTEST: Deborah S. Traffenstedt, City Clerk ARCHITECT Joe A. Kragelund, AIA Regional Vice President EXHIBIT A SCOPE OF SERVICES Architect acknowledges that it has read and understands the Moorpark Human Services Center Facility Component Specifications, General Guideline Specifications, RFP and contract for Services and has visited the site. Architect shall provide architectural and related design services for the preliminary site development of the Human Services Center including accessory facilities and site improvements. Preliminary cost estimates based on current construction cost data will also be prepared. It is the intent of the Agreement to retain the services of the Architect to provide, without limitation, a preliminary site design necessary for the City to conduct appropriate planning evaluation and review as concerns the California Environmental Policy Act (CEQA). The individual directly responsible for Architect's overall performance of the Agreement provisions and to serve as principal liaison between City and Architect during performance of all work under the Agreement shall be Maris Peika. Upon written agreement of the parties other individual (s) may be substituted in the above capacity. The individual directly responsible for the City shall be Hugh R. Riley, Assistant City Manager, City of Moorpark. The architectural services will include all services performed by the architect, architect's employees, and the architect's consultants. They include without limitation, all responsibilities outlined in the scope of work and typically required for preliminary site design and development for a facility of this nature. The architect will retain the services for all necessary consultants. The Architect will prepare preliminary conceptual plans for all on site work including, but not limited to, grading, and utilities to serve the project, structural improvements, public walkways including those along Spring Road and Minor Street, parking lot improvements, exterior lighting, fencing, landscaping and driveways. The Architect may include with the proposal for services, a detailed Scope of Work and Schedule which will be attached to and be a part of this Exhibit. (ATTACH "LEVEL OF EFFORT AND COST ANALYSIS AS REVISED TO SUPPORT COSTS FOR FINAL SCOPE OF SERVICES) 10 1P() 0 9 �5-1'-fl u CITY OF MOORPARK - HUMAN SERVICES CENTER Level of Staff Effort and Cost Analysis Task Description Principal Mana er Designer Staff 1 Staff 2 1 Total Hours I -A I -B I -C I -D I -E I -F Kick- Off /Mobilize Site Investigation - two (2) site visits Coordinate requirements with C' Coordinate Structural Systems Requirements Coordinate Mechanical & Electrical Systems Req's Coordinate Site Requirements/Landscaping/Utilities 4 8 12 10 6 8 6 2 8 4 4 4 14 20 10 10 12 10 Subtotal 4 50 22 0 0 76 II -A II -B 11 -C 11 -D II -E II -F II -G II -H 11 -1 (0 ) Title (1 sheet) (1) Site Plan- Building A (1 sheet) (1) Site Plan-Building B 1 sheet (1) Site Plan -Park Area (1 sheet) (1) Conceptual Floor Plan-Building A 1 sheet) (1) Conceptual Floor Plan-Building B 1 sheet 4) Conceptual Elevations Building A 1 sheet) (4) Conceptual Elevations Building B 1 sheet) (6) Computer Generated 3D Massing Model 1 1 1 1 1 1 1 1 1 2 8 8 8 12 12 16 16 20 4 4 4 4 8 8 8 8 8 8 8 12 12 12 12 7 21 21 21 33 33 37 37 21 Subtotal 0 9 102 48 72 231 ..................... fuse llt;Ess):stiinaEl'." :.isi.... Intl III -A III -B III -C 111 -D III -E Statement of Probable Cost - Initial Statement of Probable Cost - Revisions Consultant Coordination Quality Control Reviews Correspondence 1 1 4 4 8 6 6 ..: 5 5 8 6 6 Subtotal 2 28 0 0 0 30 ..................... 'Ph ash"I:V-:,A- X, IV -A IV -B IV -C Structural /ADA Accessibility Review Fire Department Review Public Works & Grading Review 4 2 2 4. 2 2 Subtotal 0 8 0 0 0 8 Total Hours by Person % of hours Rate 6 2 $230 95 28 $180 124 36 $150 48 14 $110 72 21 $105 345 % of Total Architectural Fees 3 341 37 11 15 CtilsuWtl1 >:eStklE FiE5:::;' ; ::.: >:: Civil En ineer $500 $800 Landscape Architect Structural Engineer $500 $500 $1,600 $1,600 Mechanical/Plumbing Engineer Electrical Engineer $500 $500 $1,600 $1,600 Total Consultant Fees $0 $2,500 $7,200 $0 $0 $9,700 TOTAL FEES $59,620 PREPARED BY HMC ARCHITECTS August 27, 2004 k' tiwL EXHIBIT B COMPENSATION SCHEDULE Total fixed contract amount for the project is FIFTY -NINE THOUSAND SIX HUNDRED AND TWENTY DOLLARS ($59,620). Periodic billings will occur on the percentage of work completed. The above amounts include all of Architect's and consultants' fees and travel time (except prior City authorized out of town travel for special work). Payments will be made, per the Agreement, based upon actual percentage of work approved by the City as completed for the pay period requested. Percentages of work completed by Architect's consultants' must be included within Architect's pay requests. Separate invoicing by Architect's consultant(s) will not be accepted by City. Reproductions of all work completed pertaining to each pay request and any additional backup material shall be submitted upon request of City. These reproduction costs are included in the contract price. HOURLY RATES (The Architects current, published hourly rate schedule may be substituted for the information requested below.) In the event City requests additional work, such work shall be authorized in writing prior to commencing any work and shall be at the following rates: All Applicable Rates (including Architect's consultants) Per Hour (complete) Principal $ Staff Architect (Project Architect) Specifications /Designer /Planning/ Programming /Field Administration Technical IV - CAD Design Operator Technical III - Senior Draftsperson /Project Captain Technical II - Intermediate Draftsperson Technical I - Junior Draftsperson Support II - Administration /Accounting/Word Processing Support I - Clerical and General Office Consultants - Hourly Rates (Add any additional categories) All prices shall remain firm under this contract through completion of all work under this contract. Additional services required of Architect's Consultants, and authorized by the City, shall be billed at cost plus 15 %. All bills will be paid pursuant to the Agreement except those that are contested or questioned and returned by City with written explanation within ten (10) working days of receipt of invoice. Architect shall provide to City a written response to any invoice contested or questioned and, upon request of City, shall provide City with any and all documents related to any invoice. All plan check, processing fees, permit fees and special district fees will be paid by the City. The City may require a model of the proposed facility at City expense. The City reserves the right to hire an independent firm to construct a model of the proposed facility. Architect will furnish City two (2) sets of reproducible drawings and specifications of the final approved preliminary site plan. REIMBURSABLES All prints and reproduction charges for documents used by Architect and their consultants for their "in house" use are included in the contract price. Printing, plotting and delivery charges related to City check sets, progress sets and all plans required for City plan checks will be reimbursable expenses in addition to the compensation. Back up materials for pay requests in excess of an original and one copy will also be reimbursable expenses. An allowance of ($ 5000) is requested. All such reimbursable expenses shall receive prior authorization from the City. Travel, phone calls, faxes are included in the contract price. For all reimbursable expenses, the charges will be reimbursed at one hundred ten percent (110 %) of the documented cost. JAN.10'2005 14:02 16265350512 HMC #2827 P.004/004 HMC RATE SCHEDULE Standard Hourly Rate Schedule by Professional Category (Not all categoriLe s need apply to this contract) These are the current hourly rates effective July 1. 2004 through June 30, 2445 and are subject to change one time annually effective July 1st, MasterHMCRates 04_05.LAE.xis NAContracts HourIv Rates Principal $ 230.00 Regional Vice President $ 210.00 Senior Project Manager $ 180.00 Director of Design $ 180.00 Cost Estimator $ 160,00 Project Mana er $ 160.00 Senior Construction Administrator $ 160.00 Senior Designer $ 150.00 Interior Design Director $ 145.00 Designer $ 140.00 Graphics $ 130.00 Project Leader $ 130.00 Technical Services /QA Plan iReviewer /S ec Writer $ 130.00 Interior Senior Designer $ 120.00 Job Captain $ 115.00 Senior Drafter $ 110.00 Intermediate Drafter $ 105.00 Junior Designer $ 105.00 Computer Services $ 95.00 Interior Design /Project Coordinator $ 90.00 Drafter $ 90.00 Intem Architect $ 85.00 Construction Administration Su ort $ 75.00 Contract Administrator $ 75.00 Admin Su ort $ 65.00 These are the current hourly rates effective July 1. 2004 through June 30, 2445 and are subject to change one time annually effective July 1st, MasterHMCRates 04_05.LAE.xis NAContracts EXHIBIT C SUPPLEMENTAL GENERAL CONDITIONS In addition to the conditions set forth in the Request for Qualifications and Proposal, the following Supplemental Conditions shall be included in this Agreement. A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Architect performing services hereunder for City. B. Architect at his /her sole cost, shall furnish City reproducible plans and copies of documents, reports, diskettes and other items mentioned above upon request of City during the evolution of work and at the completion of the various stages of work as directed under this Agreement. C. City reserves the right to delay any post- termination payment until completion or confirmed abandonment of the project, as may be determined in the City sole discretion, so as to permit a full and complete accounting of costs. In no event shall Architect be entitled to receive in excess of the compensation quote in its proposal /bid. D. The City has established a budget for the Project (hard costs) not to exceed Seventy -five Thousand Dollars ($75,000). The Architect has assured the City that they will design the project within the budget and the City is relying on Architect's expertise in this regard and in the execution of all work under this Agreement. Architect shall use consultants listed in Architect's listing provided with this contract. Any change in consultants must receive prior written approval from the City. E.. Non - Exclusive Contract - The City reserves the right to contract with other firms for any and all aspects of this project during the contract term, as may be deemed advantageous to the City. 13