HomeMy WebLinkAboutR29410A AS3 Architectural Svcs - Carlos Ortega Villas Prjct Contract No. R29410A
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY/
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: APPROVE ADDITIONAL SERVICES IN AN AMOUNT NOT TO
EXCEED $13,500 (ADDITIONAL SERVICES NO. 3) TO
CONTRACT NO. R29410A WITH INTERACTIVE DESIGN
CORPORATION FOR PROFESSIONAL ARCHITECTURAL
SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT
SUBMITTED BY: Martin Alvarez, Redevelopment Manager
ARCHITECT: Interactive Design Corporation
199 S. Civic Drive, Suite 10
Palm Springs, CA 92262
DATE: April 26, 2012
CONTENTS: Additional Services Proposal from Interactive Design Corporation
Agreement Sections 3.8 and 3.10.2
Additional Services Request
Recommendation
By Minute Motion that the Successor Agency and Housing Authority Boards:
1. Authorize Additional Service No. 3 in an amount not to exceed $13,500 to
Interactive Design Corporation (Contract No. R29410A) for Professional
Architectural Services;
2. Authorize staff to forward to the Oversight Board for approval; and
3. Authorize the Director of Finance to transfer funding from contingency to
base in the amount of $13,500 upon approval in accordance with the
requirements of ABx1 26.
Funds are available in the Capital Budget for the Carlos Ortega Villas,
Account No. 703-8691-466-4001.
Contract No. R29410A
Staff Report
Additional Services No. 3 with Interactive Design Corp. for Carlos Ortega Villas
April 26, 2012
Page 2 of 3
Commission Recommendation
The Housing Commission approved the recommendation at its regularly scheduled
meeting of April 11, 2012. Staff will provide a verbal report upon request of the
Successor Agency/Housing Authority Board.
Background
On April 8, 2010, the Palm Desert Redevelopment Agency Board ("Agency Board")
authorized the Executive Director to negotiate and finalize a Professional Services
Agreement with Interactive Design Corporation (IDC) for architectural services for the
Carlos Ortega Villas in an amount not to exceed $734,450 along with reimbursable
expenses in an amount not to exceed $36,722. With the action the Agency Board also
authorized the establishment of a contingency in an amount not to exceed $75,000. Use
of the contingency requires additional approval from the Agency Board.
The project entitlement process was completed and the project design approved by the
Successor Agency/Housing Authority on March 22, 2012.
Interactive Design is moving forward with construction documents and is designing the
project based on available data regarding the location of existing utilities. In order to
confirm the exact location of the underground utilities and mitigate potential construction
delays, IDC proposes to pothole 17 locations for water, sewer, gas, and telephone at
the project site.
Staff has reviewed the Request for Additional Services with Successor Agency legal
counsel who has stated that the original contract agreement sections 3.8 and 3.10.2
(attached) allow for additional services to be approved without an amendment to the
contract.
Therefore, staff recommends approval of the Additional Services Request with
Interactive Design Corporation in the amount not to exceed $13,500 (Contract No.
R29410A) and that the Successor Agency/Housing Authority Boards authorize staff to
forward Additional Service No. 3 to the Oversight Board for approval.
G:\rda\Heather Buck\Carlos Ortega Villas\Stf Rpt\R29410A-COVAprvASNo3 042612.doc
Contract No. R29410A
Staff Report
Additional Services No. 3 with Interactive Design Corp. for Carlos Ortega Villas
April 26, 2012
Page 3 of 3
Fiscal Analysis
The fiscal impact to the Successor Agency/Housing Authority involves transferring an
amount not to exceed $13,500 from contingency to the base contract.
The total contract amount (including contingency) is listed on the Recognized Obligation
Payment Schedule (ROPS) under Project Area 4, line 18; this request will not require an
adjustment to the total obligation.
Submitted By:
rtin Alvarez, Redevelopment Manager JOet.Moore, Director of Housing
Department Head:
•
sti McCarthy, Assista ty Manager aul S. Gibson, Director of Finance
roval:
1.1"
J n M. Wohlmuth, Executive Director
G:\rda\Heather Buck\Carlos Ortega Villas\Stf Rpt\R29410A-COVAprvASNo3 042612.doc
; CONTRACT
N T R A C T AMENDMENT
008.3
IMO INTERACTIVE DESIGNCORPORATION
ARCHITECTS +
DATE April 3, 2012 199 S.Civic Drive,Suite 10
Palm Springs, California 92262
TO Heather Beck, PD RDA T: (760) 323-4990 F: (760) 322-5308
mari a@i nteractived esigncorp.co m
VIA email
FROM Maria Song
PROJECT IDC No. 1008 Carlos Ortega Villas
SUBJECT Additional Services for Potholing Page I of 2
We are h our
ng of
beiow
DISTRIBUTION
amendment by theproceeding
third business day from the date ve of thisreferenced
pro�ct record,project in accordance the following will be considered as confirmed onfrmed instruction and understanding Unless we receive written clarification or
Fax:
ADDITIONAL SERVICES 1008.3
to
PALM DESERT REDEVELOPMENT AGENCY
AGREEMENT FOR ARCHITECTURAL SERVICES
CONTRACT NO. R29410A
Dated May 19, 2010
In accordance with Article 3.10 COMPENSATION, the parties wish to ADD to the
above-referenced Agreement to retain the services of Architect to design the project to
include potholing to survey the physical locations of the existing utilities on site and apply
this information to the design of the wet and dry utilities:
A. Pursuant to Article 3.10 COMPENSATION, Section 3.10.2 PAYMENT FOR
ADDITIONAL SERVICES, the parties agree to retain the services of Architect as follows:
I. Existing utility information by Potholing approximately 17 locations of water,
gas, sewer, and telephone in the vicinity of proposed utilities, buildings, and site
amenities. The Architect will:
a. Contract with the Civil Engineer to provide (See Exhibit A& B):
I. Pothole exhibit
2. Coordinate with survey contractor
3. Apply information to the proposed site design
b. Meet with Civil Engineer to review existing conditions and resolve any
site design conflicts.
c. Determine which utility lines will not be used for the proposed project
and provide capping information in the construction plans of the project.
d. Meet with RDA Staff to review outcome.
B. Article 3.10 COMPENSATION, Section 3.10.2 PAYMENT FOR ADDTIIONAL
SERVICES is amended to include the following compensation for said specific services as
identified hereinabove:
P:\1008 Carlos Ortega Villas\CONTRACTS11008.3 Contract Am Potholing 23JUN 11.doc■
MUM
IMO INTERACTIVE DESIGN CORPORATION
1. Compensation shall be on hourly basis according to the rates in the original
contract not to exceed Twelve Thousand Five Hundred Dollars ($13,500). The survey
services of the civil design services are included in this fee.
C. All other terms and conditions of said Agreement shall remain in effect.
AGREED AND ACCEPTED
/,% April 3, 2012
Reuel A. Young;'/ si en Date
Interactive Dn Corp. ation
California License #C I''74
T: (760) 323-4990
Palm Desert Redevelopment Agency Date
73510 Fred Waring Drive
Palm Desert, California 92262
P:\1008 Carlos Ortega Villas\CONTRACTS\1008.3 Contract Am Potholing 23JU Page 2 of 2
(V th ,
MSA CONSULTIN<i, INC.
PLANNING•CIVIL ENGINEERING•LAND SURVEYING
CONTRACT SCOPE CHANGE NOTIFICATION / AUTHORIZATION
Project: Carlos Ortega Villas MSA Job#: 1892 MSA RFP#: 4387
Initiated by: Maria Song Client Reference: IDC
Date: June 23,2011 MSA PM: Bruce S. Kassler
The following change is proposed for the above referenced project and is a request to amend the previous established and
contracted relationship between MSA Consulting, Inc. and Client and is to act as an addendum to any existing contract or
relationship established between the two parties. Authorized changes may also impact delivery dates and milestones. The
undersi.ned 'art desires MSA Consultin. Inc.to rovide the followin_additional _oods and services:
CHANCE TYPE:
®Extra Work I Field Change Design Change III Schedule Change U Other(Specify)
CHANGE REQUEST:
•
Potholing Coordination:
1. Secure potholing estimate and coordinate with the Contractor.
2. Prepare a pothole exhibit.
3. Survey crew to provide pothole tie in points.
4. Field meetings with the pothole Contractor.
5. Review all pothole digsheets.
6. Update existing utility base plan.
7. Potholin! assumin l 17 excavations'5 as'halt and 12 in dirt.
li<IP.1(`'1 :
SCHEDULE:
Start Work(for this Work): Upon NTP Est.Complete Work(for this Work):3 weeks from NTP
Overall Schedule Impact:®No ❑Yes
COSI' IN1P:kC`I:
Cost Impact: ■ No 0 Yes Proposed Total Additional Cost:$10,535
Fixed Fee:$10,535
Time&Materials:
CO%l\lEN`TS:
Included is a hand drawn potholing exhibit.
AUTHORIZED BY:
Signature: Entity:
❑Accept 0 Reject Date:
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3.7 Schedule of Services.
3.7.1 Timely Performance Standard. Architect shall perform all Services
hereunder as expeditiously as is consistent with professional skill and care, as well as the
orderly progress of the Project work so as not to be the cause, in whole or in part, of dprovys ided
In
the completion of the Project or in the achievement of any Project milestones, as
herein. Specifically, Architect shall perform its Services so as to allow for the full and adequate
completion of the Project within the time required by the Agency and within any completion
schedules adopted for the nsultants inr the performance ofct. Architect g the Services,to o coordinate
and shall be availableAgency's
ff,
contractors and co
Agency's staff, contractors and consultants at all reasonable times.
3.7.2 performance Schedule. Architect shall complete all work in accordance
with the milestones specified in Exhibit"D' Schedule of Performance.The schedule shall not be
exceeded by Architect without the prior written approval of Agency. If the Architect's Services
es
are not completed within the time provided in Exhibit °D" the agreed uponpe
schedule, or any milestones established therein, it is understood, acknowledged and agreed
that the Agency will suffer damage for which the Architect will be responsible pursuant to the
Indemnification provision of this Agreement
3.7.3 Excusable Delays. Any delays in Architect's work caused by the following
shall be added to the time for completion of any obligations of Architect: (1) the actions of
Agency or its employees; (2)the actions of those In direct contractual relationship with Agency;
(3)the actions of any governmental agency having jurisdiction over the Project; (4) the actions
of any parties not within the reasonable control of the Architect; and (5)any act of God or other
ligence on the part of
unforeseen teArchitect
occurrence shat ll be liable for da to any fault or mages, liquidated or otherwise, to theeither other the
on
Agency nor th
account of such delays.
3.7,4 Request for Excusable Delay Credit. The Architect shall,within thirty(30)
calendar days of the beginning of any excusable delay(unless Agency grants in writing a further
period of time to file such notice prior to the date of final payment under the Agreement), notify
the Agency in writing of the causes of delay. Agency will then ascertain the facts and the extent
of the delay, and grant an extension of time for completing the Services when, in its sole
judgment, the findings of fact justify such an extension. The Agency's findings of fact thereon
shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of
the Services affected by the delay and shalt not apply to other portions of the Services not so
affected. The sole remedy of Architect for extensions of time shall be an extension of the
performance time at no cost to the Agency. If Additional Services are required as a result of an
excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services
provision of this Agreement. Should Architect make an application for an extension of time,
Architect shall submit evidence that the insurance policies required by this Agreement remain in
effect during the requested additional period of time.
3.8 Additional Architect Services.
3.8.1 Request for Services. At Agency's request, Architect may be asked to
perform services not otherwise included in this Agreement, not included within the basic
6
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SDPUBu383408.1
services listed in Exhibit "A" attached hereto, and/or not customarily furnished in accordance
with generally accepted architectural pre
usedctice.
herein, "Additional Services" mean: (1) any work
3.8.2 L '2, As for
is determined by Agency to be necessaryor the proper completion of the Project, but
which the parties did not reasonably anticipate��disted as Add be itional oral Services for the Exhibit to �A"
rm
at the execution of this Agreement, or ( ) any
Additionalin Services
attached hereto. Architect shall not perform,�d withoutb anensated for,agreement between the Agency
without prior written authorization from Agency
and Architect as to the compensation to be paid for such services. Agency shall pay Architect
for any approved Additional Services, pursuant oughcthepfauit compensation
Architect pursuant toiong
the
as such services are not made necessary
indemnification provision of this Agreement.
3.8.3 r' `rn"'ac n4 Additional Senricee. Such Additional Services shall not
include any redesign or revisions to drawings, specifications or other documents when such
revisions are necessary in order to bring such documents into compliance with applicable laws,
rules, regulations or codes of which Architectthis was aware or �ulSuch Additional Servces may
rsuant to
the laws and regulations provision of Agreement abovs
include, but shall not be limited to:
3.8.3.1 $epa"ately BId Portions of Proiect. Plan preparation and/or
administration of work on portions of the Project separately bid.
3.8.3.2 °rna .T and Interigr Desian. Assistance to Agency, if
requested,for the selection of moveable furniture, equipment or articles which are not included
in the Construction Documents.
3.8.3.3 Fault of Contra Services caused by delinquency, default or
insolvency of contractor, or by major defects in the work of the contractor, provided that any
such services made necessary by the failure of Architect to detect and report such matters
when it reasonably should have done so shall not be compensated.
3.8.3.4 'n n st�r* """rgvals or Ina vctons. Revisions in drawings,
specifications or other documents y when
such
revi sions are causes beyanditconsi stteontof with�written approvals or
instructions previously given and are
3.8.3.5 Leoa_____Pinar. Serving as an expert witness on Agency's
behalf or attending legal proceedings to which the Architect is not a party.
3.8.3.8 Qamaae ReQair. Supervision of repair of damages to any
structure.
3,8.3.7 c ,a environmental Serviq S. Additional work required for
environmental conditions (e.g. asbestos or site conditions) not already contemplated within the
Architect's services for the Project.
3.9 Agency Responsibilftles. Agency's responsibilities shall include the following:
3.9.1 f]at a d Informati i. Agency shall make available to Architect all
necessary data and information concerning the purpose and requirements of the Project,
7 Best Best&Krieger LIP—July 2000
SDPua\3a3408.1
•
including scheduling and budget limitations, objectives, constraints and criteria. As part of the
budget limitation information, the Agency shall provide the Architect with a preliminary
construction budget("Agency's Preliminary Construction Budget").
3.9.2 ALTA Survey. Agency shall furnish Architect with, or direct Architect to
procure at Agency's expense, a survey of the Project site prepared by a registered surveyor or
civil engineer, any other record documents which shall indicate existing structures, land
features, improvements, sewer, water, gas, electrical, utility lines, and boundary dimensions of
the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct
the opening and review of bids for the Project.
3.9.4 Required inspections and Tests. Retain consultant(s) during construction
to conduct materials testing and inspection or environmental/hazardous materials testing and
inspection pursuant to any applicable laws, rules or regulations.
3.9.5 Fees of Reviewing or Licensing Aaencles. Directly pay or reimburse the
payment of all fees required by any reviewing or licensing agency, or other agency having
approval jurisdiction over the Protect.
3.9.6 Agency's Representative. The Agency hereby designates the Agency
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("Agency's Representative"). Agency's Representative shall have the power to act
on behalf of the Agency for all purposes under this Contract. The Agency Manager hereby
designates Catherine Walker, Senior Management Analyst, or his or her designee, as the
Agency's contact forte implementation otherhe than the sAgerecy'ser.RepresContractor
enta6veshall his not accept
direction or orders any person
designee.
3.9.7 Review and Approved Documents. Review all documents submitted by
Architect, including change orders and other matters requiring approval by the Agency's
governing board or other officials. Agency shall advise Architect of decisions pertaining to such
documents within a reasonable time after submission, so as not to cause unreasonable delay as
provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Architect's Compensation for Basic Services. Agency shall pay to
Architect, for the performance of all Services rendered under this Agreement, the total not to
exceed amount of Seven hundred and thirty four thousand, four hundred and fifty dollars.
($ 734,450) ("Total Compensation"). The Total Compensation shall constitute complete and
adequate payment for Services under this Agreement.
3.10.2 jlyment for Additional Services. At any time during the term of this
Agreement, Agency may request that Architect perform Additional Services. As used herein,
Additional Services means any work which is determined by Agency to be necessary for the
properecescompletion t en of xeccuuttiioP%th st bAgreement which the Parties
If authorized, suchdditionaltcipate Servi vs will be
uld be
necessary at the execution
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SDPUB1383408.i
•
compensated at the rates and In the manner set forth in Exhibit "C" attached hereto and
incorporated herein by reference, unless a fiat rate or some other form of compensation is
mutually agreed upon by the parties_ If Agency requires Architect to hire consultants to perform
any Additional Services, Architect shall be compensated therefore at the rates and in the
manner set forth in Exhibit 'C" attached hereto and incorporated herein by reference, unless a
fiat rate or some other form of compensation is mutually agreed upon by the parties. Agency
shall have the authority to review and approve the rates of any such consultants. In addition,
Architect shall be reimbursed for any expenses incurred by such consultants pursuant to the
terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to
compensation for the Services and Additional Services. Architect shall not
bee imbur denim for
any expenses unless authorized In writing by Agency, which approvalY
by
inclusion in Exhibit "C" attached hereto. Such reimbursable expenses shall include only those
expenses which are reasonably and necessarily incurred by Architect in the interest of the
Project. Architect shall be required to acquire prior written consent in order to obtain
reimbursement for the following: (1) extraordinary transportation expenses incurred in
connection with the Project; (2) out-of-town travel expenses incurred in connection with the
Project; (3)fees paid for securing approval of authorities having Jurisdiction over the Project; (4)
bid document duplication costs in excess of$1,000; and (5) other costs, fees and expenses in
excess of$1,000.
3.10.4 Pavment to Architeet. Architect's compensation and reimbursable
expenses shall be paid by Agency to Architect no more often than monthly. Such periodic
payments shall be made based upon the percentage of work completed,and in accordance with
the phasing and funding schedule provided in Exhibit "B" and the compensation rates indicated
in Exhibit "C" attached hereto and incorporated herein by reference. In order to receive
payment, Architect shall present to Agency an itemized statement which indicates Services
performed, percentage of Services completed, method for computing the amount payable, and
the amount to be paid. The statement shall describe the amount of Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement as well as those expenses for which reimbursement is
requested for that statement period. The amount paid to Architect shall never exceed the
percentage amounts authorized by the phasing and funding schedule located In Exhibit 'B'
attached hereto. Agency shall, within thirty (30) days of receiving such statement, review the
statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable
manner.
Payments made for Additional Services shall be made in installments, not more
often than monthly, proportionate to the degree of completion of such services or in such other
manner as the parties shall specify when such services are agreed upon, and in accordance
with any authorized fee or rate schedule. In order to receive payment Architect shall present to
Agency an itemized statement which indicates the Additional Services performed, percentage of
Additional Services completed, method for computing the amount payable, and the amount to
be paid. The statement shall describe the amount of Additional Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Agency shall, within thirty (30) days of receiving such
statement, review the statement and pay ail approved charges thereon pursuant to the
provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a
mutually agreeable manner.
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SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
PALM DESERT HOUSINGAOTHORITY Contract#/P.O.# R29410A 17371
PROFESSIONAL
�p ADMIRE�pD�(�r Additional 3
PROFESSIONAL SERVICE SERVICES Services No.
Contingency: YES X NO
Contract Purpose Architectural Services for Carlos Ortega Villas Account No. 703-8691-466-4001
Consultants Name Interactive Design Corporation Project No.
Address: 199 South Civic Drive, Suite 10 Vendor No. 326
Palm Springs, CA 92262
You are hereby requested to comply with the following changes from the contract plans and specifications:
DECREASE INCREASE
DESCRIPTION OF CHANGES In Contract Price In Contract Price
Provide additional services to confirm exact location of underground utilities
(water, sewer, gas, telephone) by potholing approximately 17 locations. 13,500.00
TOTALS: - 13,500.00
NET ADDITIONALSERVICES PRICE: 13,500.00
JUSTIFICATION: Identify location of underground utilities to mitigate potential construction delays.
TOTAL BUDGET FOR PROJECT: + 846,172.00 CONTINGENCY:
Less: Expend. & Encumb. To Date: - 791,472.00 Amount Approved by Authority: + 75,000.00
Less: This Change Order Amount: - 13,500.00 Less: PriorAmendment(s): - 20,300.00
BALANCE OF BUDGET Less: This Amendment: - 13,500.00
REMAINING FOR PROJECT: 41,200.00 Balance Remaining of Contingency: 41,200.00
The amount of the Contract will be (Decreased) Increased by the Sum of: Thirteen thousand five hundred and
NO/100 Dollars ($13,500.00).
G:\rda\Heather Buck\Carlos Ortega Villas\Stf Rpt\Carlos Ortega Villas AddlSrvc#3-HA 4-12-12.doc See reverse ...
Contract R29410A Additional Services (AS) 3 Continued from front
This AS covers changes to the subject contract as described herein. The consultant shall perform all work as
necessary or required to complete the AS items for a lump sum price agreed upon between the Consultant and the
Palm Desert Housing Authority, otherwise referred to as Owner.
Contract Time Extension -0- Days.
Revised Contract Total $804,972.00
The undersigned Consultant approves the foregoing AS # 3 as to the changes, if any, in the contract price specified
for each item including any and all supervision costs and other miscellaneous costs relating to the AS, and as to the
extension of time allowed, if any, for completion of the entire work on account of said AS # 3 . The Consultant
agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly
related to the approved time extension, required to complete the AS items. This document will become a supplement
of the contract and all provisions will apply hereto. It is understood that the AS shall be effective when approved by the
Owner.
Execution of this AS by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and
releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related
to the subject of the AS, whether known or unknown, including but not limited to direct and indirect costs and/or
damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages.
This document will become a supplement to the Contract as permitted in Sections 3.8 and 3.10.2 and all provisions
will apply hereto, all items included above must have required signatures as per the purchase resolution.
1. REQUESTED BY: 2. ACCEPTED BY:
EXECUTIVE DIRECTOR CONSULTANT Date Accepted
3. CERTIFIED
FUNDS AVAILABLE: 4. APPROVED BY:
FINANCE DIRECTOR ROBERT A. SPIEGEL, CHAIRMAN 4/12/2012
NOTE: No payments will be made
prior to Executive Director and
Housing Authority approval SECRETARY 4/12/2012
G:\rda\Heather Buck\Carlos Ortega Villas\Stf Rpt\Carlos Ortega Villas AddlSrvc#3-HA 4-12-12.doc See reverse ...
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