HomeMy WebLinkAbout11A R29410A Carlos Ortega Villas - Supptl Info Rcvd after 4/20/2012 - REPLACEMENT SRContract No. R29410A
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY/
PALM DESERT HOUSING AUTHORITY
REQUEST:
SUBMITTED BY:
ARCHITECT:
DATE:
CONTENTS:
Recommendation
STAFF REPORT
APPROVE ADDITIONAL SERVICES IN AN AMOUNT NOT TO
EXCEED $12,500 (ADDITIONAL SERVICES NO. 3) TO
CONTRACT NO. R29410A WITH INTERACTIVE DESIGN
CORPORATION FOR PROFESSIONAL ARCHITECTURAL
SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT
Martin Alvarez, Redevelopment Manager
Interactive Design Corporation
199 S. Civic Drive, Suite 10
Palm Springs, CA 92262
April 26, 2012
Additional Services Proposal from Interactive Design Corporation
Agreement Sections 3.8 and 3.10.2
Additional Services Request
By Minute Motion that the Successor Agency and Housing Authority Boards:
1. Authorize Additional Service No. 3 in an amount not to exceed $12,500 to
Interactive Design Corporation (Contract No. R29410A) for Professional
Architectural Services;
2. Authorize staff to forward to the Oversight Board for approval; and
3. Authorize the Director of Finance to transfer funding from contingency to
base in the amount of $12,500 upon approval in accordance with the
requirements of ABx1 26.
Funds are available in the Capital Budget for the Carlos Ortega Villas,
Account No. 703-8691-466-4001.
Contract No. R29410A
Staff Report
Additional Services No. 3 with Interactive Design Corp. for Carlos Ortega Villas
April 26, 2012
Page2of3
Commission Recommendation
The Housing Commission approved the recommendation at its regularly scheduled
meeting of April 11, 2012. Staff will provide a verbal report upon request of the
Successor Agency/Housing Authority Board.
Background
On April 8, 2010, the Palm Desert Redevelopment Agency Board ("Agency Board")
authorized the Executive Director to negotiate and finalize a Professional Services
Agreement with Interactive Design Corporation (IDC) for architectural services for the
Carlos Ortega Villas in an amount not to exceed $734,450 along with reimbursable
expenses in an amount not to exceed $36,722. With the action the Agency Board also
authorized the establishment of a contingency in an amount not to exceed $75,000. Use
of the contingency requires additional approval from the Agency Board.
The project entitlement process was completed and the project design approved by the
Successor Agency/Housing Authority on March 22, 2012.
Interactive Design is moving forward with construction documents and is designing the
project based on available data regarding the location of existing utilities. In order to
confirm the exact location of the underground utilities and mitigate potential construction
delays, IDC proposes to pothole 17 locations for water, sewer, gas, and telephone at
the project site.
Staff has reviewed the Request for Additional Services with Successor Agency legal
counsel who has stated that the original contract agreement sections 3.8 and 3.10.2
(attached) allow for additional services to be approved without an amendment to the
contract.
Therefore, staff recommends approval of the Additional Services Request with
Interactive Design Corporation in the amount not to exceed $12,500 (Contract No.
R29410A) and that the Successor Agency/Housing Authority Boards authorize staff to
forward Additional Service No. 3 to the Oversight Board for approval.
G:Vda\Heather Buck\Carlos Ortega V Ilas\SH Rpt\R29410A-COVAprvASNo3 042612.doc
Contract No. R29410A
Staff Report
Additional Services No. 3 with Interactive Design Corp. for Carlos Ortega Villas
April 26, 2012
Page 3 of 3
Fiscal Analysis
The fiscal impact to the Successor Agency/Housing Authority involves transferring an
amount not to exceed $12,500 from contingency to the base contract.
The total contract amount (including contingency) is listed on the Recognized Obligation
Payment Schedule (ROPS) under Project Area 4, line 18; this request will not require an
adjustment to the total obligation.
Submitted By:
`rtin Alvarez, Redevelopment Manager JanfMoore, Director of Housing
Department Head:
in McCarthy, Assystant/Gity Manager
val:
ifl
chin M. Wohlmuth, Executive Director
Paul S. Gibson, Director of Finance
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;;; CONTRACT AMENDMENT I008.3
■■❑ INTERACTIVE DESIGN CORPORATION
ARCHITECTS +
DATE April 3, 2012 199 S. Civic Drive, Suite 10
Palm Springs, California 92262
TO Heather Beck, PD RDA T: (760) 323-4990 F: (760) 322-5308
VIA email maria@interactivedesigncorp.com
FROM Maria Song
PROJECT IDC No. 1008 Carlos Ortega Villas
SUBJECT Additional Services for Potholing Page I of 2
We are proceeding with development of the above referenced project in accordance with our understanding of the matenaUrssues noted below. Unless we receive written clarification or
DISTRIBUTION amendment by the third business day from the date of this project record. the following will be considered as confirmed instruction and understanding Y
Fax :
ADDITIONAL SERVICES 1008.3
to
PALM DESERT REDEVELOPMENT AGENCY
AGREEMENT FOR ARCHITECTURAL SERVICES
CONTRACT NO. R29410A
Dated May 19, 2010
In accordance with Article 3.10 COMPENSATION, the parties wish to ADD to the
above -referenced Agreement to retain the services of Architect to design the project to
include potholing to survey the physical locations of the existing utilities on site and apply
this information to the design of the wet and dry utilities:
A. Pursuant to Article 3.10 COMPENSATION, Section 3.10.2 PAYMENT FOR
ADDITIONAL SERVICES, the parties agree to retain the services of Architect as follows:
I. Existing utility information by Potholing approximately 17 locations of water,
gas, sewer, and telephone in the vicinity of proposed utilities, buildings, and site
amenities. The Architect will:
a. Contract with the Civil Engineer to provide (See Exhibit A & B):
I. Pothole exhibit
2. Coordinate with survey contractor
3. Apply information to the proposed site design
b. Meet with Civil Engineer to review existing conditions and resolve any
site design conflicts.
c. Determine which utility lines will not be used for the proposed project
and provide capping information in the construction plans of the project.
d. Meet with RDA Staff to review outcome.
B. Article 3.10 COMPENSATION, Section 3.10.2 PAYMENT FOR ADDTIIONAL
SERVICES is amended to include the following compensation for said specific services as
identified hereinabove:
P:\1008 Carlos Ortega Villas\CONTRACTS\1008.3 Contract Am Potholing 23JUN I I .doc■
■ U
■ ■■
■ ■❑ INTERACTIVE DESIGN CORPORATION
I. Compensation shall be on hourly basis according to the rates in the original
contract not to exceed Twelve Thousand Five Hundred Dollars ($ 1 2,500). The survey
services of the civil design services are included in this fee.
C. All other terms and conditions of said Agreement shall remain in effect.
AGREED AND ACCEPTED
April 3. 2012
Reuel A. YounDate
Interactive D 'tn Corp. ation
California License #C I ' 74
T: (760) 323-4990
Palm Desert Redevelopment Agency
73510 Fred Waring Drive
Palm Desert, California 92262
Date
P:\ 1008 Carlos Ortega Villas\CONTRACTS11008.3 Contract Am Potholing 23JUN I I .doc •
Page 2 of 2
Schedule Change
Other (Specify)
PLANNING • CIVIL ENGINEERING • LAND SURVEYING
CONTRACT SCOPE CHANGE NOTIFICATION / AUTHORIZATION
Project: Carlos Ortega Villas
Initiated by: Maria Song
Date: June 23, 2011
MSA Job #: 1892 MSA RFP #: 4387
Client Reference: IDC
MSA PM: Bruce S. Kassler
The following change is proposed for the above referenced project and is a request to amend the previous established and
contracted relationship between MSA Consulting, Inc. and Client and is to act as an addendum to any existing contract or
relationship established between the two parties. Authorized changes may also impact delivery dates and milestones. The
undersi • ned .art desires MSA Consultin Inc. to rovide the followin additional oods and services:
('I1 \N(;1,1 TV PE:
Extra Work
CHANCE R1 Qt ES :
Field Change
Design Change
Potholing Coordination:
1. Secure potholing estimate and coordinate with the Contractor.
2. Prepare a pothole exhibit.
3. Survey crew to provide pothole tie in points.
4. Field meetings with the pothole Contractor.
5. Review all pothole digsheets.
6. Update existing utility base plan.
. Potholine. assumine 17 excavations: 5 as halt and 12 in dirt.
Start Work (for this Work): Upon NTP Est. Complete Work (for this Work): 3 weeks from NTP
Overall Schedule Impact: ® No El Yes
Cost Impact: Yes Proposed Total Additional Cost: $10,535
Fixed Fee: $10,535
Time & Materials:
Included is a hand drawn potholing exhibit.
Signature: Entity:
❑ Accept ❑ Reject Date:
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3.7 Schedule of Services.
3.7.1 Timely Peffgrmance Standard. Architect shall perform all Services
hereunder as expeditiously as is consistent with professional skill and care, as well as the
orderly progress of the Project work so as not to be the cause, In whole or in part, of delays In
the completion of the Project or in the achievement of any Project milestones, as provided
herein. Specifically, Architect shall perform its Services so as to allow for the full and adequate
completion of the Project within the time required by the Agency and within any completion
schedules adopted for the Project. Architect agrees to coordinate with Agencys staff,
contractors and consultants in the performance of the Services, and shall be available to
Agency's staff, contractors and consultants at all reasonable times.
3.7.2 performance Schedule. Architect shall complete all work in accordance
with the milestones specified in Exhibit "D" Schedule of Performance. The schedule shall not be
exceeded by Architect without the prior written approval of Agency. If the Architect's Services
are not completed within the time provided in Exhibit "D" the agreed upon performance
schedule, or any milestones established therein, it is understood, acknowledged and agreed
that the Agency will suffer damage for which the Architect will be responsible pursuant to the
indemnification provision of this Agreement.
3.7.3 Excusable Delays. Any delays in Architect's work caused by the following
shall be added to the time for completion of any obligations of Architect: (1) the actions of
Agency or its employees; (2) the actions of those in direct contractual relationship with Agency;
(3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions
of any parties not within the reasonable control of the Architect; and (5) any act of God or other
unforeseen occurrence not due to any fault or negligence on the part of Architect Neither the
Agency nor the Architect shall be liable for damages, liquidated or otherwise, to the other on
account of such delays.
3.7.4 Request for excusable Delay Credit. The Architect shall, within thirty (30)
calendar days of the beginning of any excusable delay (unless Agency grants in writing a further
period of time to file such notice prior to the date of final payment under the Agreement), notify
the Agency In writing of the causes of delay. Agency will then ascertain the facts and the extent
of the delay, and grant an extension of time for completing the Services when, in its sole
judgment, the findings of fact justify such an extension. The Agency's findings of fact thereon
shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of
the Services affected by the delay and shall not apply to other portions of the Services not so
affected. The sole remedy of Architect for extensions of time shall be an extension of the
performance time at no cost to the Agency. if Additional Services are required as a result of an
excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services
provision of this Agreement. Should Architect make an application for an extension of time,
Architect shall submit evidence that the insurance policies required by this Agreement remain in
effect during the requested additional period of time.
3.8 Additional Architect Services,
3.8.1 Reouest for Services. At Agency's request, Architect may be asked to
perform services not otherwise Included in this Agreement, not included within the basic
6
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SOPIJ0k383408.1
services listed in Exhibit "A" attached hereto, and/or not customarily fumished in accordance
with generally accepted architectural practice.
3.8.2 Definition. As used herein, "Additional Services" mean: (1) any work
which is determined by Agency to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary for the Architect to perform
at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit "A"
attached hereto. Architect shall not perform, nor be compensated for, Additional Services
without prior written authorization from Agency and without an agreement between the Agency
and Architect as to the compensation to be paid for such services. Agency shall pay Architect
for any approved Additional Services, pursuant to the compensation provisions herein, so long
as such services are not made necessary through the fault of Architect pursuant to the
indemnification provision of this Agreement.
3.8.3 Examples of Additional Serviceq. Such Additional Services shall not
include any redesign or revisions to drawings, specifications or other documents when such
revisions are necessary in order to bring such documents into compliance with applicable laws,
rules, regulations or codes of which Architect was aware or should have been aware pursuant to
the laws and regulations provision of this Agreement above. Such Additional Services may
include, but shall not be limited to:
3.8.3.1 Separately Bid Portions of Proiect. Plan preparation and/or
administration of work on portions of the Project separately bid.
3.8.3.2 Eni iture and Interior Des. Assistance to Agency, if
requested, for the selection of moveable furniture, equipment or articles which are not included
in the Construction Documents.
3.8.3.3 Fault of Contractor. Services caused by delinquency, default or
insolvency of contractor, or by major defects In the work of the contractor, provided that any
such services made necessary by the failure of Architect to detect and report such matters
when it reasonably should have done so shall not be compensated.
3.8.3.4 Inconsistent A)provals or instructions. Revisions in drawings,
specifications or other documents when such revisions are inconsistent with written approvals or
Instructions previously given and are due to causes beyond the control of Architect
3.8.3.5 Legal Proceedings. Serving as an expert witness on Agency's
behalf or attending legal proceedings to which the Architect is not a party.
3.8.3.8 Damage faeoalr. Supervision of repair of damages to any
structure.
3.8.3.7 xtra Environmental Servicet. Additional work required for
environmental conditions (e.g. asbestos or site conditions) not already contemplated within the
Architect's services for the Project.
3.9 Agency Responsibilities. Agency's responsibilities shall include the following:
3.9.1 Daly and Information. Agency shall make available to Architect all
necessary data and information concerning the purpose and requirements of the Project,
7
SDPU81383408.1
Best Owl a Krieger ALP --July 2009
including scheduling and budget limitations, objectives, constraints and criteria. As part of the
budget limitation information, the Agency shall provide the Architect with a preliminary
construction budget ("Agency's Preliminary Construction Budget").
3.9.2 ALTA Survey. Agency shall furnish Architect with, or direct Architect to
procure at Agency's expense, a survey of the Protect site prepared by a registered surveyor or
civil engineer, any other record documents which shall indicate existing structures, land
features, Improvements, sewer, water, gas, electrical, utility lines, and boundary dimensions of
the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct
the opening and review of bids for the Project.
3.9.4 Required Inspections and Tests. Retain consuitant(s) during construction
to conduct materials testing and inspection or environmental/hazardous materials testing and
inspection pursuant to any applicable laws, rules or regulations.
3.9.5 Fees of Reviewing or Licenslna Aaencles. Directly pay or reimburse the
payment of all fees required by any reviewing or licensing agency, or other agency having
approval jurisdiction over the Proiect.
3.9.6 Agency's Representative. The Agency hereby designates the Agency
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("Agency's Representative"). Agency's Representative shall have the power to act
on behalf of the Agency for all purposes under this Contract. The Agency Manager hereby
designates Catherine Walker, Senior Management Analyst, or his or her designee, as the
Agency's contact for the implementation of the Services hereunder. Contractor shall not accept
direction or orders from any person other than the Agency's Representative or his or her
designee.
3.9.7 Review and Aooroved Documents. Review all documents submitted by
Architect, including change orders and other matters requiring approval by the Agency's
goveming board or other officials. Agency shall advise Architect of decisions pertaining to such
documents within a reasonable time after submission, so as not to cause unreasonable delay as
provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Architect's Compensation for Basic Services. Agency shall pay to
Architect, for the performance of all Services rendered under this Agreement, the total not to
exceed amount of Seven hundred and thirty four thousand, four hundred and fifty dollars.
($ 734,450) ("Total Compensation"). The Total Compensation shall constitute complete and
adequate payment for Services under this Agreement.
3.10.2 Pavrnent for Additional Services. At any time during the term of this
Agreement, Agency may request that Architect perform Additional Services. As used herein,
Additional Services means any work which is determined by Agency to be necessary for the
proper completion of the Project, but which the Parties did not reasonably anticipate would be
necessary at the execution of this Agreement. If authorized, such Additional Services will be
8
Best Beet & Krieger U.P — July 2009
SOPUB1383408.1
compensated at the rates and In the manner set forth in Exhibit "C" attached hereto and
Incorporated herein by reference, unless a flat rate or some other form of compensation is
mutually agreed upon by the parties. If Agency requires Architect to hire consultants to perform
any Additional Services, Architect shall be compensated therefore at the rates and In the
manner set forth in Exhibit 'C" attached hereto and Incorporated herein by reference, unless a
fiat rate or some other form of compensation is mutually agreed upon by the parties. Agency
shall have the authority to review and approve the rates of any such consultants. In addition,
Architect shall be reimbursed for any expenses incurred by such consultants pursuant to the
terms and conditions of Section 3.10.3.
3.10.3 Reimbursable ExQenses. Reimbursable expenses are In addition to
compensation for the Services and Additional Services. Architect shall not be reimbursed for
any expenses unless authorized In writing by Agency, which approval may be evidenced by
inclusion In Exhibit "C" attached hereto. Such reimbursable expenses shall include only those
expenses which are reasonably and necessarily incurred by Architect In the interest of the
Protect. Architect shall be required to acquire prior written consent in order to obtain
reimbursement for the following: (1) extraordinary transportation expenses incurred in
connection with the Project; (2) out-of-town travel expenses incurred In connection with the
Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4)
bld document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in
excess of $1,000,
3.10.4 Payment to Architect, Architect's compensation and reimbursable
expenses shall be paid by Agency to Architect no more often than monthly. Such periodic
payments shell be made based upon the percentage of work completed, and in accordance with
the phasing and funding schedule provided In Exhibit "B" and the compensation rates indicated
In Exhibit "C" attached hereto and incorporated herein by reference. In order to receive
payment, Architect shall present to Agency an itemized statement which indicates Services
performed, percentage of Services completed, method for computing the amount payable, and
the amount to be paid. The statement shall describe the amount of Services provided since the
Initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement, as well as those expenses for which reimbursement is
requested for that statement period. The amount paid to Architect shall never exceed the
percentage amounts authorized by the phasing end funding schedule located in Exhibit 'B'
attached hereto. Agency shall, within thirty (30) days of receiving such statement, review the
statement and pey all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable
manner.
Payments made for Additional Services shall be made in installments, not more
often than monthly, proportionate to the degree of completion of such services or in such other
manner as the parties shall specify when such services are agreed upon, and in accordance
with any authorized fee or rate schedule. In order to receive payment, Architect shall present to
Agency an itemized statement which indicates the Additional Services performed, percentage of
Additional Services completed, method for computing the amount payable, and the amount to
be paid. The statement shall describe the amount of Additional Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Agency shall, within thirty (30) days of receiving such
statement, review the statement and pay all approved charges thereon pursuant to the
provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a
mutually agreeable manner.
9
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SDPUB1383408. I
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
PALM DESERT HOUSING AUTHORITY
PROFESSIONAL SERVICE ADDITIONAL SERVICES
Contract Purpose
Consultant's Name
Address:
Architectural Services for Carlos Ortega Villas
Interactive Design Corporation
199 South Civic Drive, Suite 10
Palm Springs, CA 92262
Contract # / P.O. # 1 R29410A I 17371
Additional 3
Services No.
Contingency: 1 YES X I NO
Account No. 703-8691-466-4001
Project No.
Vendor No. 326
You are hereby requested to comply with the following changes from the contract plans and specifications:
DECREASE INCREASE
In Contract Price In Contract Price
DESCRIPTION OF CHANGES
Provide additional services to confirm exact location of underground utilities
(water, sewer, gas, telephone) by potholing approximately 17 locations.
TOTALS:
NET ADDITIONALSERVICES PRICE:
JUSTIFICATION: Identify location of underground utilities to mitigate potential construction delays.
TOTAL BUDGET FOR PROJECT:
Less: Expend. & Encumb. To Date:
Less: This Change Order Amount:
BALANCE OF BUDGET
REMAINING FOR PROJECT:
+ 846,172.00
- 791,472.00
12,500.00
42,200.00
12, 500.00
12, 500.00
12.500.00
CONTINGENCY:
Amount Approved by Authority: + 75,000.00
Less: Prior Amendment(s): 20,300.00
Less: This Amendment: - 12,500.00
Balance Remaining of Contingency: 42,200.00
The amount of the Contract will be (Decreased) Increased by the Sum of: Twelve thousand five hundred and
NO/100 Dollars ($12,500.00).
G.\rda\Heather Buck\Cados Ortega Villas\Stf Rpt\Carlos Ortega Villas AddiSrvc No 3-HA 4-12-12.doc
See reverse ...
Contract R29410A Additional Services (AS) 3 Continued from front
This AS covers changes to the subject contract as described herein. The consultant shall perform all work as
necessary or required to complete the AS items for a lump sum price agreed upon between the Consultant and the
Palm Desert Housing Authority, otherwise referred to as Owner.
Contract Time Extension
-0- Days.
Revised Contract Total $803,972.00
The undersigned Consultant approves the foregoing AS # 3 as to the changes, if any, in the contract price specified
for each item including any and all supervision costs and other miscellaneous costs relating to the AS, and as to the
extension of time allowed, if any, for completion of the entire work on account of said AS # 3 . The Consultant
agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly
related to the approved time extension, required to complete the AS items. This document will become a supplement
of the contract and all provisions will apply hereto. It is understood that the AS shall be effective when approved by the
Owner.
Execution of this AS by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and
releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related
to the subject of the AS, whether known or unknown, including but not limited to direct and indirect costs and/or
damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages.
This document will become a supplement to the Contract as permitted in Sections 3.8 and 3.10.2 and all provisions
will apply hereto, all items included above must have required signatures as per the purchase resolution.
1. REQUESTED BY: 2. ACCEPTED BY:
EXECUTIVE DIRECTOR
3. CERTIFIED
FUNDS AVAILABLE:
FINANCE DIRECTOR
NOTE: No payments will be made
prior to Executive Director and
Housing Authority approval
CONSULTANT Date Accepted
4. APPROVED BY:
ROBERT A. SPIEGEL, CHAIRMAN 4/12/2012
SECRETARY 4/12/2012
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CARLOS ORTEGA VILLAS
SUMMARY OF CHANGE
CONTRACT NO. R29410A
703-8691-466-4001
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