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HomeMy WebLinkAboutSupptl Info Rcvd after 4/20/2012 - REPLACEMENT SRContract No. R29410A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY/ PALM DESERT HOUSING AUTHORITY REQUEST: SUBMITTED BY: ARCHITECT: DATE: CONTENTS: Recommendation STAFF REPORT APPROVE ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $12,500 (ADDITIONAL SERVICES NO. 3) TO CONTRACT NO. R29410A WITH INTERACTIVE DESIGN CORPORATION FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT Martin Alvarez, Redevelopment Manager Interactive Design Corporation 199 S. Civic Drive, Suite 10 Palm Springs, CA 92262 April 26, 2012 Additional Services Proposal from Interactive Design Corporation Agreement Sections 3.8 and 3.10.2 Additional Services Request By Minute Motion that the Successor Agency and Housing Authority Boards: 1. Authorize Additional Service No. 3 in an amount not to exceed $12,500 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 $12,500 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 Page2of3 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 $12,500 (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:Vda\Heather Buck\Carlos Ortega V Ilas\SH 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 $12,500 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 JanfMoore, Director of Housing Department Head: in McCarthy, Assystant/Gity Manager val: ifl chin M. Wohlmuth, Executive Director Paul S. Gibson, Director of Finance LAP -6 Ottd BY SA -RDA 5-C ON IL BYHCUS°AUtH 50 Q,Lclay Original Ial on f t.e. a _ .ri'.'+r G:\rda\Heather Buck\Carlos Ortega Villas\Stf Rpt\R29410A-COVAprvASNo3 042612.doc ;;; CONTRACT AMENDMENT I008.3 ■■❑ INTERACTIVE DESIGN CORPORATION 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 VIA email maria@interactivedesigncorp.com FROM Maria Song PROJECT IDC No. 1008 Carlos Ortega Villas SUBJECT Additional Services for Potholing Page I of 2 We are proceeding with development of the above referenced project in accordance with our understanding of the matenaUrssues noted below. Unless we receive written clarification or DISTRIBUTION amendment by the third business day from the date of this project record. the following will be considered as confirmed instruction and understanding Y 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\CONTRACTS\1008.3 Contract Am Potholing 23JUN I I .doc■ ■ U ■ ■■ ■ ■❑ INTERACTIVE DESIGN CORPORATION I. Compensation shall be on hourly basis according to the rates in the original contract not to exceed Twelve Thousand Five Hundred Dollars ($ 1 2,500). 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. YounDate Interactive D 'tn Corp. ation California License #C I ' 74 T: (760) 323-4990 Palm Desert Redevelopment Agency 73510 Fred Waring Drive Palm Desert, California 92262 Date P:\ 1008 Carlos Ortega Villas\CONTRACTS11008.3 Contract Am Potholing 23JUN I I .doc • Page 2 of 2 Schedule Change Other (Specify) PLANNING • CIVIL ENGINEERING • LAND SURVEYING CONTRACT SCOPE CHANGE NOTIFICATION / AUTHORIZATION Project: Carlos Ortega Villas Initiated by: Maria Song Date: June 23, 2011 MSA Job #: 1892 MSA RFP #: 4387 Client Reference: IDC 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: ('I1 \N(;1,1 TV PE: Extra Work CHANCE R1 Qt ES : Field Change Design Change 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. . Potholine. assumine 17 excavations: 5 as halt and 12 in dirt. Start Work (for this Work): Upon NTP Est. Complete Work (for this Work): 3 weeks from NTP Overall Schedule Impact: ® No El Yes Cost Impact: Yes Proposed Total Additional Cost: $10,535 Fixed Fee: $10,535 Time & Materials: Included is a hand drawn potholing exhibit. Signature: Entity: ❑ Accept ❑ Reject Date: 34200131m1(IlOI'i I)Kn1 • Its\( 111I `'1IR\(,I ■ ( \I lI('R\I\ • 92270 -tli).320-9811 ■-h0.3_23-93 lax • \\\\‘\.\1SA('(}\'.I t tl\(l\( .runt 3.7 Schedule of Services. 3.7.1 Timely Peffgrmance 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 delays In the completion of the Project or in the achievement of any Project milestones, as provided 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 Project. Architect agrees to coordinate with Agencys staff, contractors and consultants in the performance of the Services, and shall be available to 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 are not completed within the time provided in Exhibit "D" the agreed upon performance 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 unforeseen occurrence not due to any fault or negligence on the part of Architect Neither the Agency nor the Architect shall be liable for damages, liquidated or otherwise, to the other on 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 shall 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 Reouest 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 &eat Best & Kdeg v LLP - July 2009 SOPIJ0k383408.1 services listed in Exhibit "A" attached hereto, and/or not customarily fumished in accordance with generally accepted architectural practice. 3.8.2 Definition. As used herein, "Additional Services" mean: (1) any work which is determined by Agency to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Architect to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit "A" attached hereto. Architect shall not perform, nor be compensated for, Additional Services without prior written authorization from Agency and without an agreement between the Agency and Architect as to the compensation to be paid for such services. Agency shall pay Architect for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Architect pursuant to the indemnification provision of this Agreement. 3.8.3 Examples of Additional Serviceq. 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 Architect was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to: 3.8.3.1 Separately Bid Portions of Proiect. Plan preparation and/or administration of work on portions of the Project separately bid. 3.8.3.2 Eni iture and Interior Des. 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 Contractor. 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 Inconsistent A)provals or instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or Instructions previously given and are due to causes beyond the control of Architect 3.8.3.5 Legal Proceedings. 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 Damage faeoalr. Supervision of repair of damages to any structure. 3.8.3.7 xtra Environmental Servicet. 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 Responsibilities. Agency's responsibilities shall include the following: 3.9.1 Daly and Information. Agency shall make available to Architect all necessary data and information concerning the purpose and requirements of the Project, 7 SDPU81383408.1 Best Owl a Krieger ALP --July 2009 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 Protect 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 consuitant(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 Licenslna 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 Proiect. 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 for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the Agency's Representative or his or her designee. 3.9.7 Review and Aooroved Documents. Review all documents submitted by Architect, including change orders and other matters requiring approval by the Agency's goveming 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 Pavrnent 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 proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. If authorized, such Additional Services will be 8 Best Beet & Krieger U.P — July 2009 SOPUB1383408.1 compensated at the rates and In the manner set forth in Exhibit "C" attached hereto and Incorporated herein by reference, unless a flat 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 ExQenses. Reimbursable expenses are In addition to compensation for the Services and Additional Services. Architect shall not be reimbursed for any expenses unless authorized In writing by Agency, which approval may be evidenced 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 Protect. 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) bld document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000, 3.10.4 Payment to Architect, Architect's compensation and reimbursable expenses shall be paid by Agency to Architect no more often than monthly. Such periodic payments shell 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 end funding schedule located in Exhibit 'B' attached hereto. Agency shall, within thirty (30) days of receiving such statement, review the statement and pey 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 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. 9 Best Best & Krieger LLP — July 2009 SDPUB1383408. I SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY PALM DESERT HOUSING AUTHORITY PROFESSIONAL SERVICE ADDITIONAL SERVICES Contract Purpose Consultant's Name Address: Architectural Services for Carlos Ortega Villas Interactive Design Corporation 199 South Civic Drive, Suite 10 Palm Springs, CA 92262 Contract # / P.O. # 1 R29410A I 17371 Additional 3 Services No. Contingency: 1 YES X I NO Account No. 703-8691-466-4001 Project No. Vendor No. 326 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE In Contract Price In Contract Price DESCRIPTION OF CHANGES Provide additional services to confirm exact location of underground utilities (water, sewer, gas, telephone) by potholing approximately 17 locations. TOTALS: NET ADDITIONALSERVICES PRICE: JUSTIFICATION: Identify location of underground utilities to mitigate potential construction delays. TOTAL BUDGET FOR PROJECT: Less: Expend. & Encumb. To Date: Less: This Change Order Amount: BALANCE OF BUDGET REMAINING FOR PROJECT: + 846,172.00 - 791,472.00 12,500.00 42,200.00 12, 500.00 12, 500.00 12.500.00 CONTINGENCY: Amount Approved by Authority: + 75,000.00 Less: Prior Amendment(s): 20,300.00 Less: This Amendment: - 12,500.00 Balance Remaining of Contingency: 42,200.00 The amount of the Contract will be (Decreased) Increased by the Sum of: Twelve thousand five hundred and NO/100 Dollars ($12,500.00). G.\rda\Heather Buck\Cados Ortega Villas\Stf Rpt\Carlos Ortega Villas AddiSrvc No 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 $803,972.00 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 3. CERTIFIED FUNDS AVAILABLE: FINANCE DIRECTOR NOTE: No payments will be made prior to Executive Director and Housing Authority approval CONSULTANT Date Accepted 4. APPROVED BY: ROBERT A. SPIEGEL, CHAIRMAN 4/12/2012 SECRETARY 4/12/2012 G:\rda\Heather Buck\Carlos Ortega Vllas\Stf Rpt\Carlos Ortega Villas AddlSrvc No 3-HA 4-12-12 doc See reverse ... CARLOS ORTEGA VILLAS SUMMARY OF CHANGE CONTRACT NO. R29410A 703-8691-466-4001 ORIGINAL CONTINGENCY ORIGINAL TOTAL CONTRACT CONTRACT o 'J F- • (O • N it) �.- Es 0) (o (D N C O o p 0 AS Amount 0 Z O O O O O O O O O O O O tf) co LC) N M • tf) 0 O O 0 co N cY) Carlos Ortega Villas AddSrvce Log 4-12-12 \ \ `\r \ \' \ \a -u 13 rn rn 33 z� 0 r II Cf: \soI lift 4- a 1 ;; .AVENUE OF THE STATES _ ED- c BS. Asp 1— OBS. DUDLEY DRIVE,•?,, © <r. f „, %/ / • mul1t