HomeMy WebLinkAboutSR - R25170 - Archtl Dsgn SvcsCONTRACT NO. R25170
PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. R-_25_L7o TO MELZER
DECKERT AND RUDER ARCHITECTS INC. FOR ARCHITECTURAL
DESIGN SERVICES FOR THE DESERT WILLOW CLUBHOUSE
SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
CONTRACTOR: MELZER DECKERT AND RUDER ARCHITECTS INC.
18207 McDURMOTT EAST
SUITE A, IRVINE, CA 92614
DATE: MAY 11, 2005
CONTENTS: AGREEMENT FOR PROFESSIONAL SERVICES
Recommendation:
By Minute Motion, that the Agency Board:
1. Authorize award of professional services Contract No. R-25170 to Melzer
Deckert and Ruder Architects, Inc. for professional services for architectural
design in an amount not -to -exceed $25,000 plus reimbursable expenses not —to -
exceed $1,500 for architectural design services for the Desert Willow Golf
Resort;
2. Authorize the Finance Director to set aside the amount of $2,500 as 10%
contingency (use of contingency requires additional action); and
3. Authorize Executive Director to execute the contract. Funds are available in
Account No. 851-4663-454-4001.
Executive Summarv:
By approving staff's recommendation the Agency Board will authorize professional
architectural services necessary to design renovation of the Desert Willow Clubhouse.
Discussion:
Agency staff, as per Board direction given at its February 9, 2006, procured proposals
for architectural design services for the renovation of the Desert Willow Clubhouse.
Staff's ultimate goal was to enlist an architectural firm to create a Master Plan designed
to alleviate all site issues, with a phased construction in order to address the Board's
immediate areas of concern. Three proposals of qualification were solicited and received
from M.A.I and Associates, Dahlin Architects, and Melzer Deckert and Ruder Architects
Inc (MDR); all specialize in golf course clubhouse design. Each was asked to evaluate
possible building and site -related improvements to the existing 31,000-sq.ft-clubhouse
Contract NO. R25170
Staff Report
Architectural Design Services for Desert Willow Clubhouse
April 27, 2006
facility that was constructed in 2000. Desert Willow and Agency staff met with
representatives from all three firms in order to tour the property and discuss the facility's
pressing issues regarding: beverage service areas, kitchen layout/size capacity, banquet
space, existing view corridors, player/pedestrian circulation, design utilization, storage
space, office configuration, and parking demand current and projected. After intensive
review staff selected Melzer Deckert and Ruder Architects to provide the Agency with a
proposal for services.
Under a contract for professional architectural services (M.D.R) will provide the Agency
with a Master Plan for the Desert Willow Clubhouse, in which all of the above mentioned
issues will be addressed. The Master Plan will be phased and prioritized by the areas
that have been recognized as generating the most concern, for example the beverage
service areas and the kitchen capacity will have top priority for renovation. Once a
Master Plan has been created and the phasing agreed upon, MDR will compile probable
costs for improvements. Under a future agreement, MDR can provide final Design
Documents and services through construction, to ensure that the established phasing
and design are implemented.
Upon Council approval professional services to be provided under the subject
agreement will commence immediately and will extend through future renovation of the
Desert Willow Clubhouse. Completion of the Master Plan is anticipated for September
2006.
Submitted by: Approval:
Z&!, " VZ&
Catherine Walker t
Senior Management Analyst
Dave Yrigc �-
Director f edevelopment/Housing
Approval:
Paul Gibson Carlo#L. a
Director of Finance Executive Director
G:\RDA\Beth Longman\Staff Reports\Walker%rch. Design Services DW 042706.doc
Contract No. R25170
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 11 day of May, 2006,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and Melzer Decked and Ruder Architects Inc., a architectural desian
("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, Agency desires to retain Consultant as an independent contractor to
perform certain technical and professional consulting services in connection with the
Desert Willow Clubhouse Renovation project, subject to the terms and conditions
specified below, in the documents attached and incorporated herein, and applicable
federal, state and local law.
NOW, THEREFORE, in consideration of performance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and
technical services on a non-exclusive basis, as more particularly described in Section 3,
below, and in Exhibit A, Scope of Services.
1.2 Personnel. Consultant represents that it has, or will secure at its
own expense, all personnel required to perform the services under this Agreement. All
of the services required under this Agreement will be performed by Consultant or under
its direct supervision, and all personnel engaged in the work shall be qualified, and shall
be authorized or permitted under state and local law to perform such services.
1.3 Standard of Performance. Consultant shall perform all services
under this Agreement in accordance with the standard of care generally exercised by
like professionals under similar circumstances and in a manner reasonably satisfactory
to Agency.
1.4 Consultant Representative. For the purposes of this Agreement,
the registered architect, engineer, or landscape architect who will serve as the
Consultant Representative shall be ("Consultant
Representative").
1.5 Time of Commencement. The execution of this Agreement by the
Parties does not constitute an authorization to proceed. A separate written Notice to
Proceed shall be issued by the Agency Representative, and Consultant shall not
commence work until receipt of such written Notice(s) to Proceed, as further set forth in
Sections 2 and 3, below.
1.6 Time of Performance/Time is of the Essence. Consultant shall
commence the services contemplated under this Agreement immediately upon receipt
of a written Notice to Proceed from the Agency, and shall prosecute to completion each
Professional Services Agreement — Agency — V.1
task listed in Section 3 in a timely and diligent manner calendar
days of receipt of a Notice to Proceed, or in accordance with the schedule appended to
this agreement as Exhibit B.
2. Services by Agency:
2.1 Aaencv Representative. For the purposes of this Agreement, the
Agency Representative shall be Catherine Walker, Senior Management Analyst, or
such other person designated by the Agency's Executive Director ("Agency
Representative").
2.2 Provision of Data. All information, data, reports and records and maps
as are existing and available from the Agency and necessary for the carryings out of the
work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by
Agency, and Agency shall cooperate in every way reasonable in the carrying out of the
work without delay.
2.3 Proiect Budaet. The Agency shall provide a budget for the project that
shall include contingencies for bidding, changes during construction, and other costs
which are the responsibility of the Agency.
2ATests and Inspection. The Agency shall furnish structural, mechanical,
chemical, and other laboratory tests, inspections, and reports as required by law or the
contract documents, provided however that the Consultant shall advise the Agency in
advance of the necessity of such tests and inspections, and shall coordinate and
cooperate with the testing and inspection agencies, if any, at no additional cost to the
Agency.
3. Consultant's Scope of Work. Upon delivery by Agency to Consultant of
a written Notice to Proceed, Consultant shall immediately commence work pursuant to
this Agreement. Consultant's scope of work shall consist of the services in Exhibit A
appended to this Agreement.
3.1 Reportina & Record Keer)inq. To assist Agency in the performance
of its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep Agency reasonably informed of progress
on work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by Agency for information, progress reports, or documentation.
Consultant shall maintain accurate records of all work performed for each Assignment
under this Agreement, including but not limited to originals or copies, as applicable, of
all deliverable documents described in Exhibit A. Upon the completion of work, and if
requested by the Agency, Consultant shall deliver to Agency the originals of all
renderings, models, or documentation produced, and may retain copies of such
documentation, at Consultant's election.
3. 2 Compliance with Laws. Consultant shall at all times possess any
and all licenses and permits necessary to provide the services herein, and shall comply
with applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City of Palm
Desert policies and guidelines.
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3.3 Confidentiality. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all
information received in the course of performing pursuant to this Agreement.
Consultant shall promptly inform the Agency in the event Consultant receives a
subpoena or court order requiring disclosure of confidential information.
4. Not Used
5. Compensation. Agency shall pay Consultant for the Services provided
under this Agreement on the following basis.
5.1 Not -to -Exceed Fee: Agency shall pay to Consultant a total amount
not to exceed $ $25.000 for the basic services described in Exhibit A. Payment shall
be made on a monthly basis, based upon the hourly rates defined in Exhibit B,
multiplied by the number of hours worked by each classification of personnel assigned
to the project during the previous calendar month. The not -to -exceed fee shall not be
exceeded without written agreement between the parties.
5.2 Additional Services: Additional services beyond those described in
Exhibit A shall be reimbursed on a time -spent basis at the hourly rates described in
Exhibit B. Agency shall not be obligated to compensate Consultant for additional
services performed without advance authorization from the Agency Representative.
5.3 Reimbursable Expenses: Agency shall pay to Consultant actual
costs plus ten percent (10%), subject to the limitation given below, for expenses
incurred on behalf of the project for long distance telephone calls, reproduction, express
delivery and courier services, postage, out-of-town travel if pre -approved in writing by
the Agency Representative, and other expenses directly attributable to the project and
expressly approved by the Agency Representative. Reimbursable expenses, including
Consultant's mark-up, shall not exceed $ 1,500 for this project.
5.4 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by Agency in writing prior to the
performance or incurrence of such services, expenses or costs. Any additional
services, expenses or costs authorized by Agency shall be compensated at rates
mutually agreed upon by the Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to Agency invoices each month
for all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, and any milestone achievements. Copies of receipts for expenses or costs
shall be submitted with each invoice. Agency shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
6.2 Pavment. Agency shall pay all undisputed portions of the invoice
within thirty (30) calendar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
M
6.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consultant shall be available for review and audit by the Agency.
7. Ownership of Work Product.
7.1 Property of Aaencv. All documents including but not limited to
plans, bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other written material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising therefrom ('Work Product'), shall be and remain the property of
Agency without restriction or limitation upon its use or dissemination by Agency.
Promptly upon the completion of each Assignment, or at any other time upon
reasonable notice to Consultant by Agency, Consultant shall deliver all Work Product to
Agency.
7.2 Re -Use of Work Product. Agency and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shall not be the subject
of a copyright application by Consultant. In the event Consultant permits the re -use or
other use of such Work Product, Agency shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such re -use or other use, and
Agency shall require the party using them to eliminate any and all references to
Consultant from such Work Product. In the event Agency re -uses such Work Product
on any project other than the project for which they were prepared, such re -use shall be
at the sole risk of Agency unless Agency compensates Consultant for such reuse.
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees,
associates and sub consultants, if any, will comply with all conflict of interest statutes of
the State of California applicable to Consultant's services under this Agreement,
including, but not limited to, the Political Reform Act (Government Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant shall retain the right to perform similar services for other clients,
but Consultant and its officers, employees, associates and sub consultants shall not,
without the prior written approval of the Agency Executive Director, perform work for
another person or entity for whom Consultant is not currently performing work that
would require Consultant or one of its officers, employees, associates or sub
consultants to abstain from a decision under this Agreement pursuant to a conflict of
interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its officers,
employees, agents and representatives, warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach or
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violation of this warranty, Agency shall have the right to terminate this Agreement
without notice or liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
8.3 No Financial Interest - Aaencv. No officer, member or employee of
Agency during his or her tenure or one year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and
agree that to their knowledge no member of the Agency Board, or officer or employee of
Agency, has any interest, whether contractual, non -contractual, financial or otherwise, in
this Agreement, or the subject matter thereof, nor any business or financial relationship
with Consultant, and that if any such interest comes to the knowledge of either Party at
any time a full and complete disclosure of all such information will be made in writing to
the other Party or Parties, even if such interest would not be considered a conflict of
interest under applicable laws.
8.4 No Financial Interest — Consultant. Consultant hereby covenants,
on behalf of itself, and its officers, employees, agents and representatives, that at the
time of executing this Agreement it has no interest, and that it shall not acquire any
interest in the future, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed pursuant to this Agreement.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. At no time during the term of
this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the project.
9. Indemnification. Other than in the performance of professional services
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
the City, Agency, and City's and Agency's elected officials, officers, employees, agents
and volunteers free and harmless from and against all tort liability, including liability for
claims, suits, actions, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney's fees, court costs, and expert witness fees incurred by City
or Agency, arising out of or in any way connected with, in whole or in part, the acts or
omissions of Consultant, or any of Consultant's officers, agents, employees or
contractors, in the performance of this Agreement, including but not limited to, claims,
suits and liabilities for bodily injury, death or property damage to any individual or entity,
including employees or officials of Consultant. The provisions of this paragraph shall
not apply to claims arising out of the sole negligence or willful misconduct of City or
Agency, any of City's or Agency's elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency and the City of Palm Desert, their officials, employees,
agents and representatives from and against any and all losses, liabilities, damages,
costs, and expenses, including attorney's fees and costs to the extent same are caused
in whole or in part by any negligent or wrongful act, error, or omission of the Consultant,
its officers, agents, employees or subConsultants (or any entity or individual that the
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement.
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10. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth
below. If Consultant's existing coverage does not meet the requirements set forth here,
it will be amended to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to Agency in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
10.1 Workers' Compensation and Employer's Liabilitv.
Consultant shall provide Workers Compensation and Employer's Liability Insurance on
an approved policy form providing benefits as required by law with employer's liability
limits no less that $1,000,000 per accident or disease.
10.2 Professional Liabilitv or Errors and Omissions. Professional
Liability or Errors and Omissions insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the
Consultant 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 contain a provision establishing the insurer's duty to defend, The
policy retroactive date must be on or before the effective date of this agreement.
10.3 Automobile Liability. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,600 per accident. If Consultant owns no
vehicles, this requirement may be met through a non -owned auto endorsement to the
CGL policy.
10.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant will not operate any vehicles at any time
within the scope of the services in the agreement, provisions for these coverages may
be waived upon review and approval of the Agency's Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Agency, a wholly independent contractor. Consultant shall have no power
to incur any debt, obligation, or liability on behalf of Agency. Neither Agency nor any of
its officials, employees or agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as set forth in this Agreement.
12. Non -Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the Agency's prior, written
consent. Any attempted or purported assignment or sub -contracting by Consultant shall
be null, void and of no effect.
13. Non -Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against Agency
or City relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation, which Agency or
City might require.
15. Termination. The right is reserved by the Agency to terminate the
Agreement at any time upon seven (7) days written notice, in the event the project is to
be abandoned or indefinitely postponed, or in the event the Consultant's services, in the
sole judgment of Agency, are unsatisfactory or because of the Consultant's failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original timecards in the event of termination or suspension.
16. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during Consultant's and Agency's regular business hours or by facsimile before
or during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
in the Agreement, or to such other addresses as the Parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered to the Parties at the following addresses:
Agency: Carlos L. Ortega, Executive Director
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Catherine Walker, Senior Management Analyst
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Consultant: Melzer Deckert and Ruder Architects Inc.
18207 McDurmott East, Suite A
Irvine, CA 92614
Tel: (949) 474-8188
Fax: (949) 474-8189
17. Non -Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by Agency of any payment to Consultant constitute or be construed as a
waiver by Agency of any breach of covenant, or any default which may then exist on the
part of Consultant, and the making of any such payment by Agency shall in no way
impair or prejudice any right or remedy available to Agency with regard to such breach
or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
20. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and Agency. This Agreement supersedes all prior oral
or written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
22. Successors. This Agreement shall bind and inure to the benefit of
the respective heirs, personal representatives, successors and
assigns of the parties to this Agreement.
23. Waivers. No waiver of any breach or default of any term or
provision of this Agreement shall be deemed a waiver of any other
term or provision of this Agreement, and no waiver shall be valid
unless in writing and executed by the waiving party.
24. Construction. Section headings in this Agreement are solely for
the convenience of the parties and are not a part of and shall not be
used to interpret this Agreement. This Agreement shall not be
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construed as if it had been prepared by one of the parties, but
rather as if both parties have prepared it. Unless otherwise
indicated, all references to Sections ace to this Agreement. All
exhibits to this Agreement are hereby incorporated by reference.
25. In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement
(b) Exhibit A -- Scope of Construction Management Services
(c) Exhibit B — Proposal (Includes Schedule and Hourly Rates)
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
MELZER DECKERT & RUDER ARCHITECTS INC.
By:
Its:
By:
Its:
PALM DESERT REDEVELOPMENT AGENCY
Jim Ferguson, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM
Dave Erwin, City Attorney
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EXHIBIT A
SCOPE OF CONSTRUCTION MANAGEMENT SERVICES
SCOPE OF SERVICES
Consultant shall provide the following services under the terms of the Agreement:
1. Assistance with marketing the bid documents to contractors well suited for the
project.
2. Preparation and issuance of addenda for the construction bid package (technical
answers to questions will be provided by the architect/engineer).
3. Attendance at the bid opening and making of recommendations for the award of the
construction contract and appropriate additive or deductive alternates, if any.
4. Scheduling and conduction of the pre -construction conference and issuance of
meeting minutes within five calendar days after the conference.
5. Attendance at, and conduction of, progress meetings and special meetings as
required during the construction phase of project. The CM shall provide written
meeting minutes to the Agency's representative for review within three business
days of the date of the meeting. After approval by the Agency representative, the
CM will be responsible for distribution of the minutes.
6. Identification of potential change order issues and negotiation of change order
proposals submitted by the contractor during construction.
7. Review and recommendation on each pay application submitted by the contractor.
8. Periodic review of the as -built documents as they are in progress.
9. Field visits and site observations as are appropriate for the stage of construction
and to keep the Agency fully advised as to the status of construction.
10. Coordination with the testing and inspection lab, the architect, the building
commissioning agent, and the City of Palm Desert's Building and Safety inspectors
to make sure that necessary consultants are available onsite at appropriate times
so as to conduct their technical investigations or observation without impeding the
progress of the contractor.
11. Conducting the final inspection and subsequent follow-up inspections to determine
that the contractor's work is complete to the satisfaction of the Agency. (The
architect and his sub -consultants shall participate in the technical input for the
punch list but the CM shall produce and distribute the punch list and monitor the
completion of items thereon.)
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12. Reviewing and responding to correspondence prepared by the construction
contractor.
13. Monitoring and logging of RFIs, submittals, and field orders to ensure they are
reviewed and acted upon by the appropriate party within the time period required by
the contract documents.
14. Performance of other duties as requested by the Agency.
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PROPOSAL
(Includes Schedule and Hourly Rates)
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Melzer Deckert & Ruder Architects Inc.
Architects & Planners
18207 McDurmott East
Suite Nrvine, CA 92614
(949)474-8188 Voice
(949)474-8189 Fax
April 19, 2006
Ms. Catherine Walker (phone 760 346 061 1)
Senior Management Analyst, Redevelopment Agency
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Proposal for Master Plan Services
Desert Willow Golf Resort
38995 Desert Willow Drive, Palm Desert, CA
Ms. Walker,
Melzer Deckert Ruder Architects, Inc. (MDR) is pleased to have the opportunity to present our
Proposal to the City of Palm Desert (Owner) to provide Master Planning services for
improvements to the existing club facility. It was a pleasure to meet you and Rodney Young at
the clubhouse February 23, and again with Dave Yrigoyen at the Golf Inc. Conference in La
Quinta.
Proiect Description
Various building and site -related improvements are anticipated to the existing 31,000 square foot
clubhouse facility constructed in 2000.
Possible improvements may include:
1. Increasing banquet facility size including outdoor covered dining. Possible BBQ area and/
or outdoor fireplace may be incorporated. The banquet facility shall provide an improved
entry experience and pre -function area so as to avoid conflicts in public spaces between
golfers and banquet -goers. Banquet spaces shall be flexible in size.
2. Inclusion of a bride's room/small changing area.
3. Increasing bar size and better defining the bar area. Bar needs two or three jockey boxes
instead of one. Outdoor bar for patio events is also in high demand.
4. Increasing kitchen size and capacity due to the food and beverage demand.
Desert Willow Golf Resort
Palm Desert, CA
5. Increasing service yard and FFE storage capacity.
6. Relocation of golf shop and men's locker rooms to provide better adjacency to golf
functions. Significant unused space in locker rooms is evident.
7. Demolition of Intrawest spa / community room for re -use within new clubhouse
improvements.
8. Pedestrian circulation, TV viewing, and seating areas at present snack bar is poorly
developed.
9. Increased number (and overall area) of Administration offices due to increased food and
beverage demand.
10. Assessment of parking demand.
11. Other functional items such as kitchen door swings, maintenance issues, etc. shall be noted
with Operator's input,
Scope of Work - Deliverables
MDR shall provide the following deliverables:
A. Master Plan Phase
l . Per item 1 of the Project Description, MDR shall develop a Building Program with
description of use, floor area, and desired quantity of occupants.
2. Based on the approved Building Program by the Owner, floor plan diagrams shall be
prepared. depicting possible clubhouse improvements. Food Facility consultant shall
provide one site visit and prepare food service layout studies. Up to three alternative
schemes shall be prepared to indicate possible options. Upon selection, of the
preferred alternative or combination of alternatives, a final conceptual plan integrating
the Owner's comments shall be prepared. Final drawing to be hand -drawn and
colored, with updated program.
3. Site plan with proposed parking layout based on City standards.
4. 3 meetings at Clubhouse or Owners offices with Owner and Operator.
5. A brief written description of the Interior Improvement Program shall be provided with a
tabulation of generic furniture quantities. An overall preliminary budget shall be provided.
6. Preliminary estimate of probable construction cost for improvements.
B. Schematic Design Through Construction Observation Phases
Upon Owner's approval of Conceptual Design documents, MDR, (at Owner's request) shall
prepare a proposal for follow-on architectural and interior design services including the following
consultants:
l . Structural Engineer
2. Mechanical/Plumbing Engineer
3. Electrical Engineer
4. Food Facilities Consultant
5. Landscape Architecture
6. Civil Engineer
Desert Willow Golf Resort Palm Desert, CA
Professional Fee
MDR shall provide professional services for the Scope of Work, Master Plan Phase, herein on an
hourly basis with the following budget amounts estimated per task:
1. Item 1
Programming
$1600
2. Item 2
Floor plan diagrams
$4800
Food Facility visit and study
$2800
3. Item 3
Site Plan with Parking
$1800
4. Item 4
Meetings
$1800
5. Item 5
Interior FFE tabulation
$2800
6. Item 6
Cost estimation
$3000
7.
Additional meetings
Hourly
Estimate of Follow-on Desian Fees and Construction Costs.
The Owner has not identified a Project Construction budget at this time. For architectural design
fees (schematic design through construction documents), assume 6%-8% of the total construction
cost for budgeting purposes, exclusive of engineering. For building engineering fees (structural,
MEP) budget 3%-5% of the total construction cost. Following the conclusion of the conceptual
design phase, MDR shall prepare a complete fee proposal, inclusive of schematic through
construction document design fees, for the Owner's review and acceptance based on the Scope of
Work.
Schedule
Excluding Owner approvals, our
typical delivery schedule is:
Master Planning
6-8 weeks
Schematic Design
6-8 weeks
Design Development
6-8 weeks
Construction Documents
10 weeks
Reimbursable Exoenses
Reimbursable expenses incurred in connection with the project will be invoiced at 1.15 times
actual cost, and are not included in Professional Fees listed above. MDR estimates a budget of
$2500 for reimbursable expenses including:
1. Reproductions, CADD plotting, scanning, postage, handling of drawings, and
delivery/courier charges.
2. Vehicular travel at $.46 / mile, long distance telephone and fax communication in
connection with the project.
3. Any other costs, fees, or expenses authorized by Client.
Retainer
No retainer will be required prior to commencement of services.
Payments
Fees for Professional Services plus reimbursable charges will be billed and are payable monthly.
Accounts which are not paid within thirty (30) days of the invoice date shall incur a service charge
of 1 .5% per month.
A r c h i t e c t u r e N I a n n i n 9 1 n t e r i o r s
Desert Willow Golf Resort Palm Desert, CA
Additional Services
Additional services determined to be beyond the scope of work described herein will be performed
on an hourly basis. Major alterations, unforeseen conditions, or abortive work causing redesign
by MDR shall be considered additional services. MDR shall notify the Client and receive Client
authorization in writing in advance of any services provided.
Hourly Rates
Current MDR Architects & Planners' hourly rates are as follows:
Principal $150.00 per hour
Project Architect $135.00 per hour
Designer $125.00 per hour
Technical $ 85.00 per hour
Secretarial $ 48.00 per hour
Insurance and Limit of Liability
MDR shall maintain both commercial and general liability insurance and professional liability
insurance in the aggregate amount of $1,000,000 each, during the term of the Consultant
Agreement. MDR reserves the right to have our insurance and legal advisors review any
conditions stipulated in an Agreement prior to execution. Owner agrees to limit Architect's
liability to cost of services, including reasonable attorney's fees.
Indemnification/AIA 8141 Standards
Inasmuch as the use of an existing building site requires certain assumptions be made regarding
existing conditions, and because some of these assumptions may not be verifiable, without
expending additional sums of money or destroying otherwise adequate or serviceable portions of
the existing building and other existing improvements, Owner agrees, to the fullest extent permitted
by law, to indemnify and hold MDR harmless from any claim, liability or cost (including reasonable
attorney's fees and costs of defense) for injury or economic loss arising or allegedly arising out of
the professional services provided under this Agreement, excepting only those damages, liabilities
or costs attributable to the sole negligence or willful misconduct of MDR.
Items to be Provided by Owner
1. As -built CADD drawings of existing facilities or any available building documentation to
fix and describe existing facilities.
2. Operational input.
3. Topography of site surrounding clubhouse area.
4. Utility information.
5. Zoning classification, and setback criteria (if applicable).
For follow-on design services (schematic through construction documents):
1. Asbestos and/or hazardous materials report.
2. Aerial photograph (optional)
3. Geotechnical (soils) report.
4. Professional Project/Construction Management services
5. Telecommunications, Security, Voice Data, Point of Sales systems.
6. Storm Water Mitigation plan or SWPPP report.
A r c h i t e c t u r e F I a n n i n g I n t e r i o r s
H
Desert Willow Golf Resort
Palm Desert, CA
Qualifications to Proposal
1. An assessment of conformance of the existing facility to building codes, accessibility
codes, parking regulations, zoning uses, etc. is not included in MDR`s master plan design
services.
2. Owner shall advise MDR if conditional uses, easements, or fire department restrictions
exist for this property.
Services not included in Scope
1. Finish or study models. (Optional)
2. Professional illustrations or renderings. (Optional)
3. Revisions to plans once Owner acceptance is given.
4. Acoustical consultant.
5. Exhibits for Specific Planning, Conditional Use approval, etc.
6. As -built drawings.
7. Field verification of existing conditions.
8. Any items not specifically described in Scope of Work.
Catherine, MDR and our team is most enthusiastic to participate on this project. We would be
ready to commence work upon authorization. MDR shall prepare AIA Agreement 13-151 upon
acceptance of this proposal.
Thank you for the opportunity to submit this proposal and we look forward to hearing from you.
Melzer Decked Ruder Architects, Inc
Mark Melzer, AIA
Principal
CC: Dave Yrigoyen, City of Palm Desert
A r c h i t e c t u r e V I a n n i n g I n t e r i o r s