AgdaPkt 2016-06-27 Closed and Joint SA PFA

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ATTY/AGR/2016.125/RWC-YMCA EXCLUSIVE NEGOTIATING AGREEMENT REV: 06-20-16 VR Page 4 of 12 ii. Architectural. A Master Project architect 2 (“Master Architect”) shall be selected by the Pre-Development Design Team, subject to Planning Oversight and Management Team approval, to provide the Conceptual Design for the Project. In addition, the Master Architect would participate in public outreach process and community meetings. The Parties shall jointly oversee and approve architectural decisions related to the Master Architect, conduct monthly progress and oversight meetings, and be jointly liable for the cost of services of the Master Architect. 5. Design and Construction Process. Except as otherwise agreed or set forth in this ENA, the Parties will share equally in the engineering, design and construction costs for the development of all Common Areas as well as the on and off-site infrastructure improvements. The Parties may separately engineer, design, construct and fund their respective projects, including schematics, floor plans and construction drawings (i.e. the City Facilities and the YMCA-SV Facilities), as more particularly set forth herein. Regardless of any phasing which may be associated with the Project, throughout the construction process the Parties will pay prevailing wages. Prior to either Party commencing construction of their respective projects, both Parties shall jointly review and approve the planned facilities improvements and construction timing. Further phasing of planned facilities may be required based on funding in place or other factors which require the buildings to be constructed at different times. The Parties shall work jointly during the construction of the Project to manage and coordinate construction activities and schedules which may run concurrently. YMCA-SV and City acknowledge that YMCA-SV’s ability to construct the infrastructure required to complete the Project is reliant upon the ability of the development team to secure funding. In order to effectively negotiate and navigate the Design and Construction Process, the Parties will negotiate an organizational structure with the following general structure: a. Design and Construction Team. This team, made up of City and YMCA-SV representatives, will take the lead with the selection of the architect(s), contractor(s) and a Construction Manager5 as well as provide oversight for the design and construction of the Project. They will also prepare and oversee the construction budget(s). This team could be an extension of the Pre-Development Team, established during the Predevelopment and Project Approval phase, as more particularly defined in Section 5.d., below, and they will take steps to plan for and construct an environmentally sensitive Project which qualifies for LEED certification, working to ensure that facilities shall be situated to enhance efficiency and convenience for participants who wish to engage in both City and YMCA-SV programs, in different Project buildings 2 At any point, the Parties can determine whether the Master Architect will also become responsible for the specific design development and construction documents for the Project, and/or whether further architects will be interviewed and hired to work with the Parties together, or individually, through the design and construction process. In any event, each Party will ultimately be financially liable for the architectural costs associated with their respective facilities. 5 The qualified Construction Management firms should submit separate bids for the Project construction management oversight for (i) the Common Areas and off-site infrastructure and related site planning improvements, and for (ii) the City Facilities and YMCA-SV Facilities to be constructed. Following receipt of the completed RFQ / RFPs, City and the YMCA-SV shall each appoint four (4) representatives to participate in Master Plan Construction Manager Interviews and selection. City and the YMCA –SV would mutually agree upon the selection of the Master Construction Manager for the Project. In this scenario, the Parties would share jointly in all costs associated with services. In the event the Parties select a Master Construction Manager for the Common Areas and off-site infrastructure and related site planning improvements and two (2) Construction Managers for the Parties respective facilities, each Party would be individually responsible for costs associated with its facilities 6.1.B. - Page 8