HomeMy WebLinkAboutR29410A Additional Services No. 2 - Carlos Ortega VillasContract No. R29410A
PALM DESERT REDEVELOPMENT AGENCY / PALM DESERT
HOUSING AUTHORITY
STAFF REPORT
REQUEST: AUTHORIZE USE OF ADDITIONAL SERVICES (ADDITIONAL
SERVICE NO. 2) IN AN AMOUNT NOT TO EXCEED $12,800 TO
CONTRACT NO. R29410A WITH INTERACTIVE DESIGN
CORPORATION FOR PROFESSIONAL ARCHITECTURAL
SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT
SUBMITTED BY: Heather Buck, Project Coordinator
CONTRACTOR: Interactive Design Corporation
199 S. Civic Drive, Suite 10
Palm Springs, CA 92262
DATE: November 10, 2011
CONTENTS: Exhibit A - Original Site Plan
Exhibit B - Proposed Site Plan
Additional Services Proposal from Interactive Design
Agreement Sections 3.8 and 3.10.2
Additional Services Request
Recommendation
By Minute Motion:
Authorize Additional Service No. 2 in an amount not to exceed $12,800 to
Interactive Design Corporation (Contract No. R29410A) for Professional
Architectural Services; and
2. Authorize the Director of Finance to transfer funds from contingency to
base in the amount of $12,800.
Funds are available in the Palm Desert Housing Authority Capital Budget for
the Carlos Ortega Villas, Account No. 871-8691-466-4001.
Staff Report Contract No. R29410A
COV - Interactive Design Corp. Additional Service No. 2
November 10, 2011
Page 2 of 3
Commission Recommendation
The Housing Commission will review the recommendation at the regularly scheduled
meeting of November 9, 2011. Staff will provide a verbal report upon request of the
Agency/Authority Board.
Backaround
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 has received approval from the Architectural Review Commission. It has
been presented to the Housing Commission, Ad -hoc Committee and Project Area 4
Committee. The project is scheduled to go before the Planning Commission on
December 6, 2011.
Interactive Design Corporation has incorporated the various requirements from all
departments and committees into a very irregularly shaped site. IDC developed a plan
that meets all of the requirements and has completed the Design Development
drawings including Civil and Landscape drawings. However, due to the irregularly
shaped site, utility easements, one-story layout, and other programmatic requirements,
open space is limited. In order to address this issue, staff met with the landscape, fire,
and housing departments to review the options. These discussions led the Agency to
request additional services to redesign a portion of the site in order to:
• Improve the site amenities and experience.
• Increase the usable landscaped area.
• Reorganize the open space so that it is near the community areas rather than in
a remote corner of the site.
The original design (Exhibit A) met all development requirements. The proposed design
(Exhibit B) meets all development requirements and enhances the site by moving
Building C toward the west allowing for additional open space to be created in front of
the building and adjacent to the Community Building. The proposed design has been
approved by the Fire Marshall because the building is one-story, fully sprinklered, and
fire access to the building is not compromised. This plan will significantly enhance the
usability and character of the landscaped space and the project.
G:\rda\Heather Buck\Carlos Ortega Villas\Stf Rpt\R29410A-COVAprvASNo2.doc
Staff Report Contract No. R29410A
COV - Interactive Design Corp. Additional Service No. 2
November 10, 2011
Page 3 of 3
Staff has reviewed the Request for Additional Services with 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 IDC in
the amount not to exceed $12,800 (Contract No. R29410A) to finalize the proposed
design, which will greatly enhance the livability of this development.
Fiscal Analvsis
The fiscal impact to the Agency involves transferring an amount not to exceed $12,800
from contingency to the base contract.
Submitted By:
Heather Buck, Project Coordinator
Department Head:
cCarthy, AC9for.
Paul S. Gibson, Finance Director
Approval:
Martin Alvarez, Redevelopment Manager
opment Jayne-Vbore, Director of Housing
Wohlmuth, Exec tiv: Director
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VERIFIED BY
Original on file with City Clerk's p.ft' .
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EMEN
NN ADDITIONAL SERVICES 1008.4
■■❑ INTERACTIVE DESIGN CORPORATION
ARCHITECTS +
DATE September 27, 2011 199 S. Civic Drive, Suite 10
Palm Springs, California 92262
TO Heather Buck, 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 the REDESIGN OF FLAGLOT Page I of 2
We are proceeding with development of the above referenced project in accordance with our understanding of the materiaVissues noted below. Unless we receive written tiarficauon or
DISTRIBUTION amendment by the third business day from the date of this oroiea record, the followine will be considered as confirmed instruction and understandme.
El
Fax :
REQUEST FOR ADDITIONAL SERVICES 1008.4
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 services to
the above -referenced Agreement to retain the services of Architect to redesign the
rectangular portion of the west to the new driveway of the project otherwise referred as
the Flag lot. The redesign is to create open green space in between the apartment building
and the Resident Facility Building for residents to participate and enjoy.
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. Redesign of Site Plan relating to the open space between Buildings C and D:
The Architect will provide design services to generate an integrated and cohesive
plan that will revise the areas surrounding the Resident Services Building (Building
D) and Building C on what is called the "flag lot." The redesign will include
relocating Building C to the west, redesign of the parking area, redesign of the
pool and outdoor recreation area related to the pool.
The Architect will:
a. Develop a schematic solution
b. Review with Client the solution
C. Meet with design team to develop the schematic design for landscape
design and civil engineering of the revised area.
d. Revise AutoCAD base plan of the site and distribute to landscape
architect and civil engineer.
e. Prepare revised presentation exhibits as part of the entitlement process
f. Meet with City agencies to present schematic design of the revised area
if necessary.
P:\1008 Carlos Ortega Villas\CONTRACTS\1008.4 Contract Am FLAGLOT 14SPT1 I.docx■
■■■
■EN
■■D INTERACTIVE DESIGN CORPORATION
B. Article 3.10 COMPENSATION, Section 3.10.2 PAYMENT FOR ADDTIIONAL
SERVICES to include the following compensation for said specific services as identified
hereinabove:
1. Compensation shall be on hourly basis according to the rates in the original
contract not to exceed Twelve Thousand Eight Hundred Dollars ($12,800).
The design
services of the Architect, Civil Engineer and the Landscape Architect are included.
The breakdown of the Compensation is as follows:
Description of Work
Fee
I Conceptual design sketch of the flag lot area
$ 750
2 Communication with Client to review new design and CVWD
$ 250
requirements for landscape improvements on easement
3 Communication with Consultants re. new design
$ 500
4 Cadify conceptual design into electronic file
$ 900
5 Meeting/Communication with MSA and RGA after they have
$ 1,400
adopted IDC's plan into their electronic plans and back -check of
their plans
6 Rendering of revised site plans and Re -submittal to the Planning
$ 1,300
Department
7 Civil Engineering (Plug in the revised site into engineering plans,
$ 4,900
rework turning radius, grading, and utilities, revise exhibits for
entitlement and resubmit, coordinate with Design Team )
8 Landscape Architect (Plug in the revised site into landscape plans,
$ 2,800
rework landscape and irrigation plans, present to Diane and
Spencer
Total
$12,800
C. All other terms and conditions of said Agreement shall remain in effect.
AGREA�W?rCs6
ACCEPTED
Reuel A. YoungidentInteractive Desiorpo tion
California License #C 10974
T: (760) 323-4990
September 26, 2011
Date
Palm Desert Redevelopment Agency Date
73510 Fred Waring Drive
Palm Desert, California 92262
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Page 2 of 2
3.7 Schedule of Services.
3.7.1 Tlmelv Performance Standard. Architect shall perform all Services
hereunder as expeditiously as is consistent with professional skill and care, as well as the
orderly progress of the Project worts 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 Agency's 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 pgrformance 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 wtth 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 Delav 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 fad 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 F�Pauest for Services. At Agency's request, Architect may be asked to
perform services not otherwise Included in this Agreement, not included within time basic
east 0" & Krieger LLP - July 2009
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services listed in Exhibit "A" attached hereto, and/or not customarily fumished in accordance
with generally accepted architectural practice_
3.8.2 Deflni i n. 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 Exarnoles of Additional Services. 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 Separatety Bid Portions of Proiect. Plan preparation and/or
administration of work on portions of the Project separately bid.
3.8.3.2 EVmlture and Interior Design. 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 ContracW1. 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.
3.8.3A InconsistenL&grovals or Instructions. Revisions in drawings,
spectfications or other documents when such revisions are inconsistent with written approvals or
Instructions prevtousty given and are due to causes beyond the control of Architect
3.8.3.5 Leoal Proceedims. Serving as an expert witness on Agency's
behalf or attending legal proceedings to which the Architect is not a party.
3.8.3.6 Damage Reoalr. Supenrision of repair of damages to any
structure.
3.8.3.7 Extra Environmental Services. 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 Data and Informatioq. Agency shall make available to Architect all
necessary data and information concerning the purpose and requirements of the Project,
7
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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�rSu _v. Agency shall furnish Architect with, or direct Architect to
procure at Agency's expense, a survey of the Project site prepared by a registered surveyor or
civil engineer, any other record documents which shall indicate existing structures, land
features, improvements, sewer, water, gas, electrical, utility lines, and boundary dimensions of
the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct
the opening and review of bids for the Project.
3.9.4 Reauired lnsoections and Test. Retain consultant(s) during construction
to conduct materials testing and Inspection or environmentaUhazardous materials testing and
inspection pursuant to any applicable laws, rules or regulations.
3.9.5 Fees of Reviewing or Licensina 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 ProlegL
3.9.8 Agencys ReDresentative. 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 ApDroved Documents. Review all documents submitted by
Architect, including change orders and other matters requiring approval by the Agency's
governing board or other officials. Agency shall advise Architect of decisions pertaining to such
documents within a reasonable time after submission, so as not to cause unreasonable delay as
provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Architect's ComDensation 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 Pavment 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
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compensated at the rates and In the manner set forth in Exhibit "CO 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
flat 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 Exoenses. 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
Project. Architect shall be required to acquire prior written consent in order to obtain
reimbursement for the following: (1) extraordinary transportation expenses incurred in
connection with the Project; (2) out-of-town travel expenses incurred In connection with the
Project; (3) fees paid for securing approval of authorities having Jurisdiction over the Project; (4)
bid document duplication costs In excess of $1,000; and (5) other costs, fees and expenses in
excess of $1,000,
3.10.4 Pavment to Architect. Architect's compensation and reimbursable
expenses shall be paid by Agency to Architect no more often than monthly. Such periodic
payments shall be made based upon the percentage of work completed, and in accordance with
the phasing and funding schedule provided in Exhibit "B" and the compensation rates Indicated
in Exhibit "C" attached hereto and Incorporated herein by reference. In order to receive
payment, Architect shall present to Agency an itemized statement which Indicates Services
performed, percentage of Services completed, method for computing the amount payable, and
the amount to be paid. The statement shall describe the amount of Services provided since the
Initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement, as well as those expenses for which reimbursement is
requested for that statement period. The amount paid to Architect shall never exceed the
percentage amounts authorized by the phasing and funding schedule located in Exhibit "B"
attached hereto. Agency shall, within thirty (30) days of receiving such statement, review the
statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320, Disputed amounts shall be resolved by the parties in a mutually agreeable
manner.
Payments made for Additional Services shall be made in installments, not more
often than monthly, proportionate to the degree of completion of such services or in such other
manner as the parties shall specify when such services are agreed upon, and in accordance
with any authorized fee or rate schedule. In order to receive payment, Architect shall present to
Agency an itemized statement which indicates the Additional Services performed, percentage of
Additional Services completed, method for computing the amount payable, and the amount to
be paid. The statement shall describe the amount of Additional Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Agency shall, within thirty (30) days of receiving such
statement, review the statement and pay 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.
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RIM DOW EMPMENTAGOCYNNIGAMORM
P101MONALEMADDENALEWaS
Contract Purpose Architectural Services for Carlos Ortega Villas
Consultant's Name Interactive Design Corporation
Address: 199 South Civic Drive, Suite 10
Palm Springs, CA 92262
Contract # I P.O. # R29410A 16875
Additional 2
Services No.
Contingency: YES X I NO
Account No. 1871-8691-466-4001
Project No.
Vendor No. 1 326
You are hereby requested to comply with the following changes from the contract plans and specifications:
DECREASE INCREASE
DESCRIPTION OF CHANGES In Contract Price In Contract Price
Provide additional services to modify design at "flag lot" to relocate
Building C to the west, redesign parking area and pool and outdoor
recreation area.
TOTALS:
NET ADDITIONALSERVICES PRICE:
12,800.00
12,800.00
12,800.00
JUSTIFICATION: Modify site plan to provide improved livability of the development and enhanced landscaped area.
TOTAL BUDGET FOR PROJECT: +
734,450.00
CONTINGENCY:
Less: Expend. & Encumb. To Date: -
283,186.35
Amount Approved by Authority: +
75,000.00
Less: This Change Order Amount -
12,800.00
Less: Prior Amendment(s): -
7,500.00
BALANCE OF BUDGET
Less: This Amendment: -
12,800.00
REMAINING FOR PROJECT:
438,463.65
Balance Remaining of Contingency.
54,700.00
The amount of the Contract will be (Decreased) Increased by the Sum of: Twelve thousand eiaht hundred and
NO/100 Dollars ($12,800.00).
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Contract R29410A Additional Services (AS) 2 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 $754,750.00
The undersigned Consultant approves the foregoing AS # 2 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 # 2 . 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.
REQUESTED BY:
CERTIFIED
FUNDS AVAILABLE:
EXECUTIVE DIRECTOR
FINANCE DIRECTOR
NOTE: No payments will be made
prior to Executive Director and
Housing Authority approval
2. ACCEPTED BY:
4. APPROVED BY:
CONSULTANT Date Accepted
JEAN M. BENSON, CHAIRMAN
11 /10/2011
SECRETARY 11/10/2011
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