HomeMy WebLinkAboutSR - R24980A - Country Village AptsContract No. R24980A
PALM DESERT REDEVELOPMENT AGENCY
REQUEST
SUBMITTED BY
CONTRACTOR:
DATE:
CONTENTS
Recommendation:
STAFF REPORT
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
INTERACTIVE DESIGN CORP. TO PROVIDE SCHEMATIC DESIGN
SERVICES FOR COUNTRY VILLAGE APARTMENTS
MARTIN ALVAREZ, REDEVELOPMENT MANAGER
INTERACTIVE DESIGN CORPORATION
199 S. CIVIC DR.
PALM SPRINGS, CA 92262
OCTOBER 11, 2007
PROFESSIONAL SERVICES AGREEMENT
AERIAL MAP
By Minute Motion, that the Agency Board approve a professional services
agreement with Interactive Design Corporation (IDC) in the amount not -to -
exceed $54,000, plus $2,500 in reimbursables for schematic design services to
develop a senior affordable housing project at the Country Village site (42-555
Washington Street) and adjacent property (42-615 Washington Street). Funds
are available in Account Nos. 870-4195-466-3092 and 854-4195-466-3092.
Executive Summarv:
Approval of the staff recommendation will approve a contract with Interactive Design
Corporation to develop a schematic plan/design for the Country Village site and adjacent
property. The proposal includes developing a schematic site plan, unit floor plans and
schematic architectural designs and staff, committee, and Agency Board reviews. The total
proposal cost is the amount not -to -exceed $54,000 plus $2,500 in reimbursables. IDC was
selected from the 2007 Consultants Master List approved by the Agency Board in January
2007. Staff recommends approval of the professional services agreement.
Discussion:
In August of 2006, the Agency contracted with IDC to provide site utilization and configuration
services for the Country Village apartment site and adjoining properties to the south. Staff
requests approval of a new contract with IDC to develop a schematic site plan/design for the
Country Village site located at the southeast corner of Washington Street and Avenue of the
States (see attached map). IDC submitted a professional services proposal that includes
development of a schematic site plan and conceptual architectural designs that incorporates the
input provided by the Agency Board study session and Housing Sub -Committee on September
14, 2007. The schematic site plan will incorporate adequate sized parcels for Casey's
Restaurant, a future fire station, and an affordable senior apartment project. The proposed site
includes both the existing Country Village apartment parcel and the recently acquired 2.6 acres
adjacent to the south.
Staff Report
Approval of Interactive Design Corporation Agreement — Country Village Apartments
Page 2 of 2
October 11, 2007
The IDC proposal consists of the following elements:
1. Pre -design services
a. Determining properly sized parcels for Casey's Restaurant, future fire station,
and housing project
2. Schematic Design
a. Site Plan
b. Unit Designs
c. Building Designs
d. Drainage Plan
3. Preliminary reviews with staff, regulatory agencies, Housing Subcommittee, Housing
Authority, and City Council.
4. Coordination of schematic plan review with adjacent property owners and HOA's.
The total cost of the proposal is $54,000, plus
from the 2007 pre -qualified Master Consultant
experience in affordable housing projects that
efficiency elements.
$2,500 for reimbursables. IDC was selected
List. IDC is a solid architectural firm with
incorporate sustainable design and energy
Therefore, staff recommends that the Agency Board authorize staff to contract with IDC in the
amount not -to -exceed $54,000, plus $2,500 for reimbursables.
Submitted by:
4 . A
�Klti Alvarez, Re
Appr al:
Department Head:
14_�e
velop t Manager
`Dave Yrigoyen
Director R evelopment/Housing
Pau S. Gibson, Director of Finance
Carlos L. Oftega,ecutiveDirector
Department Head:
J& M. Moore, Director of Housing
Approval:
Justin McCarthy
ACM Redevelopment
4�2 J-6)
By RD� n-63SCAJT
ON 101-0-07
VERIFIED By 2D{, l rr�-,m.
Original on file with City Clerk's Office
GArda\Martin Alvarez\2007 SR\interactivedesignagmcvapts.doc
Staff Report
Approval of Interactive Design Corporation Agreement — Country Village Apartments
Page 2 of 2
October 11, 2007
The IDC proposal consists of the following elements:
1. Pre -design services
a. Determining properly sized parcels for Casey's Restaurant, future fire station,
and housing project
2. Schematic Design
a. Site Plan
b. Unit Designs
c. Building Designs
d. Drainage Plan
3. Preliminary reviews with staff, regulatory agencies, Housing Subcommittee, Housing
Authority, and City Council.
4. Coordination of schematic plan review with adjacent property owners and HOA's.
The total cost of the proposal is $54,000, plus $2,500 for reimbursables. IDC was selected
from the 2007 pre -qualified Master Consultant List. IDC is a solid architectural firm with
experience in affordable housing projects that incorporate sustainable design and energy
efficiency elements.
Therefore, staff recommends that the Agency Board authorize staff to contract with IDC in the
amount not -to -exceed $54,000, plus $2,500 for reimbursables.
Submitted by: Department Head:
Asti Alvarez, Redevelop t Manager J n M. Moore, Director of Housing
Department Head:
'Dave Yrigoyen
Director R evelopment/Housing
Pau`VS. Gibson, Director of Finance
Carlos L. Ortega, xecutive Director
Approval:
Justin McCarthy
ACM Redevelopment
G \rdaWartin Alvarez\2007 SMinteractrvedesignagmcvapts doc
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 11th day of October , 2007,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and Interactive Desiqn Corporation , a California Corporation
("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
schematic desiqn services for the Country Villaqe Apartments and adiacent properties,
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,
beiow, 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 Reuel Younq, AIA ("Consultant
Representative").
1.5 Time of Commencement. The execution of this Agreement by the
Parties constitutes an authorization to proceed. No separate written Notice to Proceed
will be issued by the Agency Representative.
1.6 Time of Performance/Time is of the Essence. Consultant shall
commence the services contemplated under this Agreement immediately upon receipt
of an executed agreement from the Agency, and shall prosecute to completion each
task listed in Section 3 in a timely and diligent manner within fortv-five calendar
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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 Aqencv Representative. For the purposes of this Agreement, the
Agency Representative shall be Martin Alvarez , 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 Budqet. The Consultant shall assist the Agency in
developing a project budget and shall provide assistance with consideration of options
in the project scoping that will maximize use of Agency funds.
2.4 Tests and Inspection. If necessary, 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. 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 Reqortinq & Record Keeoinq. 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 sha11 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 ConsultanYs 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.
3.3 Confidentialitv. 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 fiftv-four thousand dollars ($54,000) for the basic services
described in Exhibit A. Payment shall be made on a monthly basis, based upon the
hourly rates defined in Exhibit C, 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 C. 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
ConsultanYs mark-up, shall not exceed $ 2,500.00 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 incuRence 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.
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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 Proqertv of AQencv. 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 ProducY'), 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 Products
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 reuse or
other use of such Work Product, Agency shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such reuse 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 reuse 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 subconsultants 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 - Apencv. 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 emplover'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 liabilitv. Consultant shall provide minimum
$1,000,000 per accident auto liability coverage. 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 lndependent 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, nat+onal 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,
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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: Martin Alvarez, Redevelopment Manager
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Consultant: Reuel A. Young, President
Interactive Design Corporation
199 S. Civic Drive, Suite 10
Palm Springs, CA 92262
Tel: (760) 323-4990
Fax: (760) 322-5308
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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 construed as if it had been prepared by one of
a
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.
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
CONSULTANT
By:
its:
CONSULTANT
By:
its:
PALM DESERT REDEVELOPMENT AGENCY
Executive Director
EXHIBIT A
SCOPE OF ARCHITECT'S SERVICES
SCOPE OF PROJECT:
The Agency wishes to develop a schematic design for several contiguous parcels (APN
637-071-002) including the existing Country Village Apartments and adjacent parcels
(APN 637-170-0007, -004, and -003) recently acquired by the RDA.
SCOPE OF SERVICES:
Per attached Interactive Design Corporation proposal.
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EXHIBIT B
SCHEDULE
NOTICE TO PROCEED
PRELIMINARY SUBMITTAL
AGENCY REVIEW OF PRELIMINARY
SUBMITTAL
FINAL SUBMITTAL
DAY 0
45 Calendar DAYS FROM NTP
14 Calendar DAYS
14 Calendar DAYS FROM
RECEIPT OF AGENCY COMMENTS
ii
EXHIBIT C
HOURLY RATES (attached)
Per attached Interactive Design Corporation proposal.
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I N T E R A C T 1 V E D E S I G N C O R P O R A T I O N
PROPOSAL FOR ARCHITECTURAL 5ERVICES
This Proposal is by and between INTERACTIVE DESIGN CORPORATION, a California
corporation. (the "Architect') and the Redevelopment Agency of the City of Palm Desert (the
Client) regarding the architecrural design and related services for the development of a senior
housing project on property owned by the Agency on the southwest corner of Avenue of
States and Washington Street in Palm Desert, California. This Proposal does not include
services required for entitlements, architectural and planning approvals.
SECTION I- PROJECT DESCRIPTION
I. PROjECT PARAMETERS
A. Site: The senior housing project will be developed on land currently owned by che
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addicional third party review may also include the following: .
I. Homeowne�'s associations of adjacent properties
2. Ownersloperators of Casey's Restaurant
Agency comprising several parcels (APN #'s 637-07 I-002, 637-170-003, 637-170-
004, and 637-170-007). 'Out parcels will also be creaced (not part of this
Agreement) to accommodate Casey's Restaurant, a fire swtion, and covered parking
for the adjacent condominium complex.
Program: The Project is proposed as a housing complex for !ow-income seniors.
The Project will consist of rental apartments: studio, one-bedroom and one-
bedroom with de�. The complex will consist of predominantly one-story buitdings;
two-story building(s) will only occur along Avenue of the States. All two-story
buildings will be serviced by elevators.
Ownership, Development and Funding: The RDA ot Palm Desert will be the
Owner of the project. The RDA may choose to select a developer/constructor to
be responsible for the Project starting after the Housing Commission and City
Council have accepted the Schematic Site Plan, Unit Design and Building Design of
the buildings. In such a case, the developer/constructor would be responsibfe for
entitlements, tonstruction documents, demolition and construction.
Regulatory review: The Project will be designed consistent with guida�ce and
design criteria provided by the Redevelopment Agency of the City of Palm Desert.
Under this Agreement, the Project will be reviewed by staff from the following:
I. City of Palm Desert
a. Planning, Public Works, and Building Departmenu
b. Office of Energy Management
c. Housing Commission
d. Housing Commission sub-committee
2. Riverside Counry Fire Department
3. Riverside County Sheriffs Department
4. Coachella Valley Water District
5. Waste Management
Other review bodies: In addition to the review agencies identified above,
Agreement Becween Palm Desert RDA and Architect dated 01 OCT07 Page I of 6�
IDC No. 0709 PD RDA Semor Housing
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3. Adjacent property owners.
F. Entitlements: Preparation of drawings and other exhibits, special studies,
environmental assessments, formal application and processing are not included '
under this Agreement.
G. Representatives:
I. The A�chitect's Representatives shal{ be Reuel Young and Maria Song.
2. The RDA Representative is Martin Alvarez; the Housing Authority �
representative is Janet Moore.
SECTION 11 - SERVICES
I. ARCHITECT'S SERVICES:
A. Pre-designJ 'Out' Parcel confirmation: The Architecc will:
I. Confirm the size and configuration of "out' parcel for Casey's Restaurant.
2. Confirm the Conceptual Floor and Site Plan for the proposed RivCoFD fire
station to determine the size and configuration of the parcel. �
3. Confirm the Conceptual Site Plan to accommodate parking for the adjacent
condominium projecc. '
4. Review documents provided by the Client. and confirm the boundaries of the
site for the Project. I
5. Review the Project with the Client s representative and Planning Director to
determine the land use and entitlement process for the Projett. �
6. Meec with the staff of the Planning and Public Works Deparcments to decermine �
the requiremenu for parking, access, circufation, setbacks, etc. �
7. Meet wich the Public Works departmenc to review sice drainage using che �
existing off-site retention basfn for storm wacer management for the siLe.
8. Meet with the Office of Energy Management to review sustainable design criteria
for the Project. �
9. Will cooperate with the Client s civil engineer to prepare the necessary '
documents to define the boundaries of the 'out' parcels and the parcel for the
Project.
B. Schematic Design: The Architect will:
I. Develop a Schematic Site Plan, Schematic Building Plans, and Schematic Uni� �
Plans for the Project based upon the total unit count (minimum of 67), unit type '
and unit mix proposed by the Client. The Schematic Site Plan wil� be a �
dimensioned plan the boundaries of which will be set without final parcelizacion �
by a civil engineer. Therefore, adjustments to the boundary location and !
perhaps buildings may be required when the finaf map is recorded. �
2. Review those schematic exhibits with staff. �
3. Refine the Schematic Design Drawings (Site Plan, Floor Plans and Bui�ding Plans)
and prepare other exhibiu based upon input from the ciry staff.
4. Prepare drawings and other exhibiu co illustrate the character of the Project for
presentation to the Housing Commission sub-committee.
5. Revise and refine the Schematic Design based upon the sub-committee's
comments (one redesign), and re-present to the sub-committee if requested.
Agreemenc Between Palm Desert RDA and Architect dated OIOC707 Page 2 0( 6� '
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6. Prepare Drawings for presentation to the City Council including:
a. Total unit count and unit mix
b. Parking ratio and location
c. Schematic Floor Plans
d. Site Plan and Site Sections illuscrating how the Project relates to the
neighboring properties.
e. Schematic Architectural design
f. Outline specifications to define the desired material, finishes and qualiry of
the Project.
C. Outcome of the Phases Identified Above: The desired outcome is an
endorsement of the Project (Schematic unit type and design, building design and
location, Site Plan) by the City Council based upon the review and approval of
Planning staff, Housing Commission and sub-committee. When this endorsement is
obtained, the RDA will determine how the Project will proceed through che nexc
phase — entitlements.
D. Entitlements� Design Development and Construction Documents
Services: Preparing exhibiu, processing and securing approvals for environmental
assessment, entitiements, construction documents and engineering are not included
in this Agreement.
II. SERVICES THAT MAY BE REQUIRED, BUT NOT INCLUDED: The following
services may be required for the completion of Work of this Phase:
A. Soils and geotechnical testing.
B. Topographical survey of che existing retention basin and connection to the Project.
C. Ucility research regarding capacity and locaaon of existing uLilities.
D. Confirmation of agreemena with RivCo, Casey's and the adjacent HOA.
III. SERVICES THAT ARE NOT INCLUDED: Under chis Agreement, the Architect
expressly:
A. Will not provide any hazardous waste or toxic substances engineering.
B. Will not prepare Demolition Plans or Relocation Plans.
C. Will noc verffy or otherwise be responsible for the accuracy or completeness of data
and/or design work provided to the Architect by the Client, other design
professionals (other than the Architect's own subconsultanu), or other reasonably
reliable sources.
D. Wil{ not provide professional cost estimating services, or guarantee conscruction
cost for related escimates.
E. Will not provide utility contact, coordination and/or design.
SECTION 3 - CLIENT'S RESPONSIBlLIT1ES
I. The Client shall make afl reasonable efforu to cooQerate with the A�chitect, including
but not Ifmited co the following:
A. Providing the Architect with legal descriptions, deeds depicting the true and
accurate conditions of the property, including any existing or potential easements or
Agreemen� Becween Palm Descrt RDA and Archuect da�ed 01 OCT07 Pagc 3 of b�
IDC No. 0709 PD RDA Sernor Housing
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dedications, and such other documents as are needed to determine legal restrictions
on the property, including but not limited to Community Associations Guidelines,
Design Guidelines and CC&R's.
B. Providing the Architect with appropriate title reports, geotechnical report{s),
boundary and topographic surveys of the overall site, and the Project Base Plan ,
showing parcels, utilities, grades and existing structures.
C. Providing the Architect with new Parcel map showing "out" parcels, when such is
complete.
D. Providing the Architect with grading and drainage information related co the
conveyance of sto�m water to the existing off-site retention basin. ,
E. Responding to the Architect's questions and requests for approval within a
reasonable time.
F. Compensating the Architect pursuant to the terms and conditions of this
Agreement. �
SECTION 4 - COMPENSATION '
I. FEES for BASIC SERVICES. The Architect shall be compensated for services �
rendered on either a lump sum or an hourly basis as set forth below:
A. Pre-Design Services $4,500 �
B. Schematic Design Services $26,500 �
(Includes one revision to the Site and Building Schematic Design Drawings} �
C. Meetings Hourly - Estimated at $3,500
(Staff, regulatory Agencies, community & city bodies)
II. CONSULTANT FEES. As part of the design services, the Arct�itect will retain the
folfowing Consultants:
A. Crvil Engineering: Conceptual Drainage Esiimoted at $7,500
III. REIMBURSEABLES. In addition to fees for professional servites, direct cosu to the
Architect related co performing the services shall be paid to the Architect at one point
one five ( I. I 5) times cost.
A. Normal reimbursables include reproduction costs, photographic costs, CAD
plocting, poscage and shipping, binding and fo{ding. EsUmated ot $2,500
IV. DESIGN CONTINGENCY. To allow flexibility in amending the Scope of Services,
we recommend a contingency which may be used for: $ I 2,000 '
3D Modeling of site planning '
Landscape design
Additional revisions
Additional meetings
V. ADDITIONAL SERVICES. Any additional services wifl be compensated pursuanc to
the Architect's hourly fee schedule, or on a fixed fee basis as may be mutuatly agreed.
Agreemenc Between Palm Dezert RDA and Arcfi��ect dated 01 OCT07 Page 4 of 6� '
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VI. HOURLY FEE SCHEDULE.
The Architect's current hourly fee schedule is as follows:
Principal $200
Principal Architect $ I 65
Sr. ArchitecdDesigner $140
Sr. Project Manager $ I 20
Project Manager $105
Sr. CAD $ I 00
CAD Staff $80
Administrative $55
VII. INVOICING. The Client will be billed provided with monthly invoices for services
rendered and cosu advanced. Each invoice shall be due and payable upon receipt, and
delinquent ten ( I 0) days after the invoice date.
SECTION 5 - GENERAL CONDITIONS
I. LEGAL RESPONSIBILITY. The Architect will be legally liable for only the
architectural services provided pursuant to this Agreement, and not otherwise.
II. TERMINATION OF THIS AGREEMENT. This Agreement may be terminated by
either party with ten (10) days written notice. The Architect shall be compensated for
all work performed until the termination, and for reasonable expenses related to
suspension or termination of work on the proje�t. Included in termination expenses
are project administrative and archiving costs deemed necessary by the Architect to
bring work to an orderly closc and to properly archive the work completed to date.
III. THE ARCHITECT'S INSTRUMENTS OF SERVICE. All sketches, drawings and
ocher documents prepared by and on behalf of the Architect pursuant to this
Agreement shall, as instruments of service, remain the Architect's property with all
common law, statutory and other reserved righa including copyrights reserved.
IV. DISPUTE RESOLUTION. No lawsuit or other formal legal action of any kind may
be commenced by either the Architect or che Client against the other regarding any
dispute which may arise under or concerning this Agreement unless and until the
complaining parry has made a good faith effort to mediate the dispute by: ( f) first
providing the other party with a formal demand letter sent certified or registered mail
fully and fairly describing the claim and setcing forth a settlement demand or other
proposed solution; (2) if the demand letter fails to bring abouc an agreement, attempung
to initiate a formal mediation under the auspices of the JAMS Endispute, or other
reputable and unbiased dispute resolution service.
V. INTEGRITY OF THE AGREEMENT. This Agreement supersedes afl negotiations
and prior agreements concerning the Project and is intended as a complete and
exclusive scatement of che encire agreement between the Client and the Architect
Agreemen� Between Palm Desert RDA and Archuect dated 01 OCT07 Page 5 of 6�
IDC No 0709 PD RDA Semor Housmg
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concerning the Project. This Agreement is being entered into and will be performed in
Riverside County, California; and it shall be interpreted and enforced under and
pursuant to the laws of the State of California.
IN WITNESS WHEREOF, the parties hereby execute this Agreement based upon the
Terms and Conditions stated above and on the dace indicated befow.
����
Reuel Youn�;' A, Presi ent C I 0974
Interacti e esign orporation
199 S. Civic Drive, Suite #10
Palm Springs, CA 92262
(760)323-4990
Redevelopment Agency
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-061 I
Date: ����d �
Date:
Agreemen� Between Palm Desert RDA and Archrtect dated 01 OCT07 Page 6 0( 6� '
IDC No. 0709 PD RDA Sen�or Housmg
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