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HomeMy WebLinkAboutR29410A - AS4 - Carlos Ortega Villas Archtctl SvcsContract No. R29410A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVE ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $40,926.93 (ADDITIONAL SERVICES NO. 4) TO CONTRACT NO. R29410A WITH INTERACTIVE DESIGN CORPORATION FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT SUBMITTED BY: Martin Alvarez, Director of Economic Devetopment ARCHITECT: Interactive Design Corporation 199 S. Civic Drive, Suite 10 Palm Springs, CA 92262 DATE: October 10, 2013 CONTENTS: Additional Services Proposal from Interactive Design Corporation Agreement Sections 3.8 and 3.10.2 Additional Services Request Recommendation By minute motion: 1. Authorize Additional Service No. 4 in an amount not to exceed $40,926.93 to Interactive Design Corporation (Contract No. R29410A) for Professional Architectural Services; 2. Authorize the Director of Finance to transfer funding from contingency to base in the amount of $40,926.93 upon approval in accordance with the requirements of ABx1 26; and 3. Authorize the Chair to execute the finalized Agreement as approved by Successor Agency Counsel. Funds are available in the Capital Budget for the Carlos Ortega Villas, Account No. 703-8691-466-4001, ROPS line 157. Staff Report Additional Services No October 10, 2013 Page 2 of 3 BackAround 4 with IDC for the Carlos Ortega Villas - Contract No. R29410A On September 10, 2013, this item was presented to the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency (Oversight Board). After consideration of the item, a motion to approve failed due to a lack of the majority of the present Board members voting in the affirmative. This item was re-presented to the Oversight Board on October 7, 2013, and a verbal staff report will be provided to the Successor Agency at the October 10, 2013 meeting. 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 Oversight 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 nearing completion of the construction documents and intends to submit for plan check in December 2013. The scope of the Additional Services Request is outlined below and in further detail in the attached Additional Services Request from IDC: # Descri tion Cost 1 FAA and Riverside Count Air ort Land Use Commission $2,450.00 2 Palm Desert Count Club Villas drive access $9,953.25 3 Evaluation of existin erimeter walls $7,148.00 4 Storm water draina e between buildin s $10,745.50 5 Pro ert ownershi /final ma $0 6 AB 1484, Elimination of Redevelo ment A encies $10,630.18 Total $40,926.93 The design contract for the Carlos Ortega Villas includes use of innovative design techniques and technology to achieve a Net Zero energy usage. The design has incorporated the use of passive design standards and renewable energy technology to generate energy equal to energy used over the course of a year. All buildings have photo- voltaic panels installed on the south facing roof elevations and the buildings incorporate design principles that minimize window exposures to the west, maximize natural light from the south, overhangs on windows for shading and high efficiency appliances in all units. The design of the project has encountered challenges that have contributed to additional project design costs. Some of the issues encountered in the design include having to secure approval from the Riverside County Land Use Commission, which has oversight over projects with close proximity to airports (i.e. Bermuda Dunes Airport). In addition, \\srv-fi12k3\groupsVtlaWlartin Alvarez�2013\OSB\SA SR-COV Add Svc 4 10-10-13.doc Staff Report Additional Services No. 4 with IDC for the Carlos Ortega Villas - Contract No. R29410A October 10, 2013 Page3of3 being an in-fill project additional design challenges have been encountered to ensure the project's existing walls are safe and usable. Additional time and design was also required to design and negotiate a mutual access between the Palm Desert Country Club Villas project to the west. The design services provided by Interactive Design also include additional unique drainage designs to meet current state and county requirements, including the retention of all storm drainage on site via the use of underground drainage storage systems. The project incorporates a new design of the circulation pattern to address the needs of this project and the safety of the existing neighborhood known has Palm Desert County Club. A new traffic circle is designed at the intersections of Avenue of the States, California Drive and Michigan Drive. 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 $40,926.93 (Contract No. R29410A) and that the Successor Agency authorize staff to forward Additional Service No. 4 to the Housing Authority Board for ratification. Fiscal Analvsis The fiscal impact to the Successor Agency/Housing Authority involves transferring an amount not to exceed $40,926.93 from contingency to the base contract, leaving $1,273.07 in the contingency. The total contract amount (including contingency) is listed on the Recognized Obligation Payment Schedule (ROPS) under Project Area 4, line 157; this request will not require an adjustment to the total obligation. Submitted By: artin Alvarez Director of Economic Development R iew d: ul S. Gibson, Director of Finance roval: �, r M. Wohlmuth, Executive Director , Jane Moore, Director of Housing /� p-„ ''`—)� V / /� C C VZ J g�"��: �.;'i—&�Eafl:� `/ �a..,,..�a.a..�...w.. <' - ✓ ��'C�i�i.�� — �I��'�F.� ��_ ' .���._ ��-��i:�al �a� f�I� ��v�t3� �'_:���� �'I�;a•�.'� �`.3�c.� \\srv-fil2k3\groupsVda\Martin Alvarez�2013\OSB\SA SR-COV Add Svc 4 10-10-13.doc ■�■ �jpl N T E R A C T I Y E D E S I G N C O R P O R A T I O N July 22. 2013 (revised August 27, 2013) Martin Alvarez, Director of Economic Development Heacher Buck Project Coordinator Ciq of Palm Deserc RE: Carlos Ortega Villas Dear Marcin/Heather: Based upon our recent conversadons regarding the scatus of Carlos Onega Villas and various scope changes and ouuide tircumscances that have unfaided during che past 24 monrhs, we have Qrepa�ed an oucline of the specific changes which we believe are addidonal services. The issues include: I. FAA and Riverside County Airport Land Use Commission 2. Palm Desert Country Club Vilias drive access 3. Evaluation of existing perimecer walls 4. Storm wacer drainage between buildings 5. Property ownership/final map 6. AB 1484, elimination of Redevelopment Agencies 7. Extended project dmeline Below are the descriptions of each task, and the compensation we request based upon a review of cask-specific timecard encries. Let's set up a meeting to discuu these issues u well as your requesc co incorporate allowances (FF&E and sice) i� the contract for consa�uction. FAA and Riverside Counq Airport Land Use Commission, Bermuda Dunes Airport, requirtmanu: The project team betame aware of new requiremenu for review by the Riverside County Airporc La�d Use Commission afcer the Project had been approved by Architeccural Review Commicc� and was scheduled for Planning Commission meecing. The review by che ALUC required research ol regulations relevant to the Project, preparation af graphic exhibiu for the applicacion, coordinacion and meetings with city Staff. (Dec 201 I— Jan 2012, Jun 2013) 52,450.00 2. Palm Dese►-c Country Club Villas: Negodaaons between the Gicy and the adjacenc condominium owner's association over improvemenu co the exispng driveway and disruption/access during consuuctfon g�nerated a revision to the site plan essenaally shihing che easterly property line three feet eastward, and revising the site and engineering plans. This work started in May 2012 and completed July 2012, though miscellaneous questions sall pop up. (IDC:s7,603.2S; MSA: $2,350j 59,953.25 3. Evaluaaon of exisang perimeter walls: The Project is a composite of several parcels and each parcel is bounded br different properry line walls. Alt exisang walls are on aQjacent property, not on CHent's property. At the outsec of the project, based upon the exisdng conditions surver, the approach was co construct new walls on che inboard (Client's 1008.6 Tlme �nd Comperuation Aujment I 23 July 2013 ■�■ �jpl N T E R A C T t V E D E S I G N C O R P O R A T I O N property) side of the property line. Proceeding into design developmenc, it became apparent chat consvucting new wails had specific adjacency complicaaons that wouid affea the co5t and construction process; the appropriate solution differed from one area tfl anocher. Therefore, the Client requested a thorough evaluation of each condidon, and presentation of alternatives - whether the walls should be left as is, removed and replaced or a new wall added inboard on RDA properry. The opdons for each length of wall (totaling ! 500 linear feet) required the evaluation of adjacent grades, swctural and visual co�diaons. non-conforming "add•ons" on the adjacent property, and the overa(I consequentes af each optian. This efforc began in )anuary 2012 and continued for four months including exhibics prepared br IDC �an ' I 2) and MSA (May ' f 2) though discussions related to the walls continue today. (IDC: 54,798; MSA 52,350) $7,148.OQ 4. Scorm water drainage between buildings: From the ouuet of the project, the drainage/stormv,racer appraach had been to collect water and score/percolate it as dose to source as possible, a sustainable design principk espoused by USGBC, AIA and GreenBuild. For the courtyards between buifdings the design team p�oposed a system that was based upon collecang/directing storm water to below-grade perfonted pipe (a French drain or leach field approach) that for mild storms would allow percolation within the courtyard itself, and for heavy storms would ake the sudden rush into the larger retention "burritos" in the nearest parking area. The sYstem included roof gutters and waur leaders for roof runoff and area drains for surface water all to be collected into the perforated pipes running below and adjacent to sidewalks. This system was reviewed and discussed in meetings becween the ciq sta�` and the project design team on several occasions during the prefiminary design phase and prior to PC and ARC approval. The ciq sraff approved of the ryscem preliminary design in September 2411, and the project design team p�oceeded co design development and consvuction documencs under that approval. In Occober 2012, an in-house city staff review by an individual not part of the earlier overall drainagdstormwater discussions quesaoned che design, and a ruling was made chat the system was noc acceptable. During the months of November and December 2012 the project design team (IDC, MSA and RGA) worked co provide alternaaves. Addiapnal meetings and re-design documenu were required to modify the design {Dec 2012 — Feb 2013) (IDC: r4,745.50; MSA �3,250; RGA: 32,750} ; i 0,745.55 S. Property ownershiplfinal map: The preparaaon of the final parcel map has been altered several dmes due to the change in ownership (RDA — SARDA), due to the availability and riming of fu�ds for utiliq undergrounding which influences when various easements are to be recorded, and due to the consolidation of che fire staaon and Casey parcels. We do not have task-specific time card entries for this work $0 1008.6 Time and Compensstia► Au�rnenc 2 • 23 July 2013 ■�■ ��p 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 J O N 6. AB 1484, elimination of Redevelopmenc Agencies: Fram the time Governor Brown introduced his Scace budget Qan 20 i f) calling for the elimination of RDA's the administradon and stheduling of the Project was affected. Uncercainty about how and when the Projea could be funded, how to proceed with design work that would enable progress to be made, and what changes might be required to the project based upon differenc outcomes of the Oversite Committee review all involved work, meeangs and research �at could �ot have been anticipaced. Questior►s from the city staff to the design team are a continual thread starting essentially in early 20f 1, and continue even to today. Extended project cime: The originat contract was based upon a schedule and milestones that have been exceeded by 22 months. In the original contract, "Owner review of Final Working Drawings and Specificaaons; 8096 Construction Documenu" was co be completed within 16 months {Aug 241 I.) Each of the above scope changes contributed to adjusdng and drawing out the execuaon of the services. ComPensation for RDA-specific discussions and work, as well as slippage in the schedule cannot be precisely decermined. However, the admi�istrative burden for projects that are vastly extended ia undeniab{e. To determine reasonab{e compensation for the extension, we propose that we use a common adminisvative cost ratio (S%). Using this approach the overall administ�adve budget for the project is 5% x;734,450 =$36,722.5; divided by the original project term (38 months) yields a per monch cost of s966.38. The projecc to date has exceeded the original time line by 22 months (original compteaon of 80°b review by Client a� 08AUG201 f). We believe it is reasonable to atuibuce I I months of chat extension ta the above specific tasks (I — 5), and approximatety 1 I monrhs due to tfie city's grappting with the uncertainties due to AB 1484. Sased upon the administrative burden over I( manths, we request an additional s 10,630. ! 8 in � compensadvn. (IDC: S9b6.38 x I 1) S I 0,630. I 8 The next deadline that has real consequences, notwithsanding che Oversite Committee's ruling regarding funding che project, is 5ubmitta! for plan check. This must be done prior to che end of December 2013, otherwise tfie project will be reviewed under CBC 2Q13 noc CBC 2012 which was in effect during the design and preparation of documents. Both in terms of the original conu-acc dme-allotted aad our ability to do che tasks, the work ta comptete the ! 009b documenu should start by Oct 1 S, 2013 allowing two months far completion and plan review submittal. We befieve now that we are at the comptetion of the most recent milestone {Owner review of 80`Y dotumenu) an adjustment to the original contracc +s warranted. We look forward to discussing this further and getting on which the final phase of document preparation. You ly, R ue oung, 1008.6 Time and Compensation Au;ment AuYust 27, 20l 3 3.7 Schedulo of Sarvicss. 3J,1 Tlmelv Per#om�ence Standar�. Architect shall perfortn e!I Servioes hereunder aa expedltbualy as �s consistent wfth prafiesslona! ak111 and care, as well as the orderiy proflress ot the Prfljed woric so as not to be the cause, ln whole flr in part. of delays In tfie complstbn o! the Projed w 1n the achievement ot eny Projeet mileatones, as prov�ded hereln. Specifically, Ar�hitect shall perform its SeMces so aa to aAow for the fuU end edequate compleGon of the ProJect wftt�ln the tlme requlred by the Agency and wtthfn any compleUon schedubs adopted for the ProJect. Archited agrees to coordlnate with Agencys stalf, contrectiors and const�ttents in the perforrnence of the Servia�s, end shall be available to Agencys stgff, conVaators and consuftsnts et all reasonsble tlmes. 3.T.Z Per_fortnance Schedule. Archftect ahall complete all work 1n accordance witt� tt�e mifestones specifled in Exhlblt'D' Schedule of Perfonnance. The schedule sha11 not be exceeded by Archttect wlthout the prbr wr'rtten epproval of qgency. If the Archfted's Services ere not wmp{eted wkhln the time provided in Exhibit 'D' the agroed upon petf+�rmence schedub, or any mllestflnes establlshed thereln, it is understood, acknowledged and agreed that the Agency will suifer damage for whlch the A�hitect wlll be responslble putsuant to the Indemnifcation provisbn ot thls ABreement 3.7.3 Excusable Delay�. Any delays tn Archtted's work caused by the blbwing shall be added t� the time for cornpletlon of any obligations of Archftect: (1) the adlons of Agency or its employeea; (2) tha actlons of those !n direct corrtrac.tual retaUonshlp wlth AAency; (3} the actlons of any govemmental agancy havMg judsdicflon over the ProJed; (4) the ec�ons of any partba not wlthln the reasonable control of tt�e Arc,htted; and (5) any ed of God o� othe� ur�foreseen occuRence not due to any fautt or negNgence on the part of Architect Neither the Agency nor the Archked shall be Ilable for damages, Ilquldated or otherwlse, to the other on account uf stjch delays. 3.7.4 Reauest far Excusable Detav Cred'R. The ArchRed shall, with(n thlrty (30) calendar days of the heginning of any ex�cusable delay (unless Aasncy grants ln wr#ing e further period of tlme to ftle such notioe prior to the date of flnal payment unde� the Agreeme�). notify the Aeency tn wrtting of tfie causes af delay. Agency wtll then ascertain the facts and the axtent af tt�e delay, and graM sn extanslon of tlme 10� completing the Services when, in its so{e judgment, tt►e findings of fed justHy such an extensbn. The Asencys findings of fact thereorz 6ha11 be flnel end conclusive on the partles. Extanabris of dme shall appy only to that portlon ot the Services effected by the delay end shall not epply to other portions af the Servlcea not so affeG,ed. The sole remecfy of Atr.hftect tor extenatons of Urne shell be an extenslon of the performance tlme at no mst to the Agency. If Addttional Servlcss are requlred as e result of an excusable delay, the partles shall mutuaAy agree thereto pursuerrt to the Add�lonal Servtoes provlsbn af this Agreement. Should Archltect mske en applicatlon for an e�denaton of Ume, Architect sha!! submit evfdence that the Insurence policies requirad by thls Aereement rema(n in effed during the roquested addttlone! perbd of ttme. 3.8 Additlon�l Archkoct Servlces. 3.8.1 Reauest for SeMces. At Agencys rec}uest, Anchflect mey be asked to perform servtces not otherwtse Included tn tt►Is Apreement, not lnduded wltt�ln tf�e baslc 6 Bes18u� b Krlprr LLP -,hry 2� 5DP{18VE1,01.1 servlces listed in Exhibit 'A" attached hereto, end/or not customatily fumished in accordance with generaliy accepted erchitectural prectice. 3.6.2 Deflnition. As used herefn, "Additlonal Servlt�s" mean: (1) arry woric whirh is de�anna�ed by Agency to be necessary for the proper compietlon af the ProJect, but whtch the partbs did not reasonably antldpete would be neceasary for the Archited to perfomn et the exect�tiort of this AgreetneM; or (2) eny work Ileted as Addwonat Servlcea in Exhiblt "A" att�ched hereio. Mchttect shall not perform, nor be compensated for, Additional Services wfthout prlor written authorizatlon from Agency end wfthout an a�reement between the A�ency and ArchNect as to the compensation b be paid for such services. q0ency shall pay A�chitect tor any approved AddtUonel Services, pursuar�t to the compengation provlsbns hereirt, so bng e8 suCh servicea are not made necessary through the fault of Architect pursuertt to the Indemntflcetfon proviston of thls /4�reemen� 3.8.3 Exarnoles of Additionel Servlcea. Such Additional Services shell not indude eny redesign ar revi8ions ta d�wlnAs, specificatlons or other docume� when such revtslons are necessery tn order to b�tng such documents into compllsnce wftt+ appllcable laws, rules. regulations or codea of which Ar�chited wes aware or should have been awere pursuant to the laws and regulatlons provlsbn af this Agreement above. Such Additional Servioes rt►ay include, but shatl not be vmtted to: 3.8.3.1 Seo�ratafv Bld Portbns of Pr�oiect. Plan preparatlon endlor admfnlstration of work on portbns of the Pro}ed sepatetely bld. 3.8.3.2 Fumfhire_„� Interior Des'on. Asalstance to Agency, tf requested, �or the aelection of moveable fumiturra, equipment or articles wh(ch aro not included in the Ccm6tructlon Dcacuments. 3.8.3.3 Feult ot Contra�tar. Se►vices ceused by delinquency, defauft or tnaolvency of coMrector, or by major defiar�s In the wo�ic di t�e contraQor, provided thst any such servlces mede necesaary by the faflure of Archttect to detect and repo�t such metters when ft reseonebly should Aays done ao shaN not be compensatad. 3.8.3A Incon�stent Anorovals ar Instnrctlons. Revlsbns In drawinge, speclflcatlons or other documents when such revistons aro lnconslster�t with wrftten approvafs or Enstnx�bns prevlously gfven and are due to causes bey�ond the control of Arr.hitect, 3.6.3.5 Leaal P�(�g,�. Serv(ng as an expert witnesa on Agencys behaH or attending {egal prt�ceedinga b wh(ch the ArchRed la not a party. 3.8.3.6 Dama�e Reoalr. Superviston of repalr of damage6 to any stnx:tu re, 3.8.3.7 Extce Environmen I SeM s. AddRbnal work required for envlronmentel conditlons (e.g. asbestos or site condiUons) not already contemplated wlthin the ArchltecYs services for the ProJect. 3.9 ABancy Rosponslbliitles. AAency'e responslbilltles sha(I lnclude the folbwing: 3,9.1 pata and Ir�fomna�on. Agency shell make aveflable to Mct�tect ell necessary data end informetion conceming the purpose and requirements of the Project, 7 8sa1 BKI d I(Aopar lLP — JuIY 2000 SDtLiBU3i�01.1 including echeduling end budget limitatlons, ob)ectives, con8traints end c►iterla. As part ot the budget Ilmftation informatbn, the �ency shall provide Rhe Archttect with a preliminary coRstructbn budget ('Aeencys Preliminary Construction 8udgeY). 3.8.2 ALTA Suntay. ABency shall fumJsh Archiiect wlth, or dlrect Ar�chitect to procuro at Agencys expense, a aurvey of the ProJect sfte propered by a reg�tered surveyor or civil en9ineer, any othar record doc:uments which shan indicate exlsting structures, lend ieatures, (mproverrients, sew�r, water, gas, electricel, utllity Iines, and boundary dbr�enstons ot the site, and any othar such pertinent Infortnatiort. 3.9.3 Bid Phase. Distribute Construction Documents to bidders and condud the openfng ar�d review of blds for the P►oJed. 3.9.4 Reauired Insoections and Tests. Retain consuftant(s) during construcdon to conduct mate+ials testing and Inspedion or envlronmentaUhazardous materials testing and Inspecbon pursuant to any appllcable laws, rules or regulations. 3.9.5 F� of Reviewina or Llcenslna Aaencles. DirecUy pay or relmburse tha payment of all fees requlred by any revlewing w Ilcensing 8gency, or ather agency having approva! )urlsdidbn over the Prolect. 3.9.a Anenc�ls Renresen tive. The Agency hereby designates the AAency Manager, or his or her desigr�ee, to act as It� representative for the performance of this Agreement ("AAencys Representativa'j. Agencys Represen�tive shall have the powe� ta ect on behalf of the Apency for al! purpoaas under this Contrad. The Agency Mansger hereby designetes Cstherine Walker, Senlor Menagement Anatyst, or his or her designee, as the Agencys contsc;t for the Implementadon of the Servlces hereunder. Contrecior shall not accept dlrectlon o� orders irom any pereon other than tt�e Agencys Rep►�esentathre or hls or her designee. 3.5.7 $�vlew and A�roved Documents. Revlew all documents submttted by Archttect, lncluding change orders and a�tter metters requi►ing approval by the Agencys govem�g boani or other officiels. Apency shell advtse Archttect of deciston6 pertaining to such documents within a reasonable 8me eRer submission, so as not to cause unressonabte delay as provlded In the excusable delay provisiona of tfila Aereement above. 3.'10 Campensaticm. 3.10.1 ArchlteGt's Corncensation for 8as� Services. Aeency shalf pay to Architect, for the performance of aA Services rettdered under th(s Apreement, the total not to exceed emount of S�wn fiundted and thlrty tour tfiousand, f�nut hundred and Afity dollars. (: 734,15�) ('Total Compensatbn"). The Tota! Compensatlon ahall oonstltute complete and edequate payment tor Services under this Agreement. 3.10.2 P�yment for Addlklonel Services. At eny time during the term of thls Agreement, Agency may request that Archltect perform Addttbnal Services. As used hereln, Additionel Servlaes rneans eny work whlch is determined by Agency to be necessery for the proper compleUon of the Projec� but whlch the Parties dld not reasonably anticlpate would be necessery at the executlon of this Agraement. If authorized, such Addftfonal Servtces wlll be 6 e.,� e.et s►cnsa.► uP -.xtr z000 soPueu�s.a.� compensated at tt►e rates and In the menner set fo�ih ln Exhfbit "C' attached he�eto end incarporated herein by reference, unbss a fiat rate or some other fom� oi compensatlan is mutualy ayreed upon by the parties. tf Agency requ(�es Ar�hitect to hire oonsultanla tn perform any Additbnal Servtces, Ar�chttect shsi! be compensated therefor+e et the retes end In the rr�nn� set forth in Exhib� 'C' atteched herato and Incor�orsted herefn by referenca. uNess a fiet r�ede or some other fo►m of compensatlon is mutualy agreed upon by the partles. Agency sheQ have the euthority to rev(ew and approve the ratas of any auch consukents. In addHlon. Architec:t she(I be reimbursed for any expenses incurred by such con6uitants pursuant to the tertns and c;onditlons of Seatlon 3.10.3. 3.10.3 Reimbursable Exoenses. Reimbursable expensas ere }n addiGon to campensetbn for the Services and Additlonal Services. Anchitect sheli not be relmbursed for arnr expensea unless authorized In writlng by Agency, which app�val may be evidenced by lncluslon in Exhlbit 'C' attact�ed hereto. Such reknbursab{e expenses shali include onty those expenaea which are reasonaby and necesserily incurned by Archftect in the ir�erest of tt�e Project McFtltect shan be requlred to aoqulre prfor written consent in or�der to ob�tn retmburserr►et�t for the following: (1) extraoniin$ry transportation e�ses incurred in connectio� with the Project; (2) out�f-town trevel axpenses incurred in connedto� with the Projed; (3) fees paid for gecu�ing approval ot authorittes having ju�isdidlon over the ProJec� (4) bid document dupllcatlon costs in excess of 51,000; and (5} other costs, faes ertd expenses in excesa of 51,000. 3.10.< Pavment to Ar,�i�. Architect"s compensa�on and refmbursabte expenses sha!! be pakf by ,4Qency to Anchlted no more often than moMh�r. Such periodic payments shall be made based upon the percer�tage ot w�orlc cornpletetl, and in eccor�iance with the phastn9 and fix�ding echedule provided (n Exhib� "B' and the compenaatlon retes Ind�ated in Exhiblt "C' attached hereto and Incorporabed herefrt by reference. In order to receive payment, Ar+chlted shal! praseM to Agency en Remized atatement wfilch indicstes Se►vices perfortned, peroentage of Servtoes cort�lated, method ior camputing the amouM payable, and tt�e amount to be paid. The atetement 6haU desc�be the amount vf Services provided slnc8 the Initlal commencement date, or slnoe the start af the subsequent btiling pe�iods, as approprtate, througR ihe date of the statement, as well as those expenses tor whlch rolmbursement !s requested for that siatemettt period. The amourtt pe(d to Archited shell never exceed the pe�a�e amowrt�s authori�ad by the phasing end fwtding schedub located In Exhibit B' atCached hereto. Agency shsll, wlthin thirty (30) days of reoelving such stetemerrt. revlew the ata0ement and pey all approved charges ttYereon pursuar►t to ths p►ovlslons of Civp Code Sectlon 3320. Disputed amounts shall be resotved by the partles in a mutualry agreeable manner. Payments mede for Addftlonal Services shall be mede in fnataliments, not more often than monthy� proportbnate to ttte degree af compleUon of such servicea or in such other manner es the parttes shell spedfy when such services are egreed upon, and !n ecaordance wfth any euthorized fee or rete schedule. In order to recefve payment, Archfted ahaU present to Agency an kemized staternent whlch indicates the Addtttona! Sarvioee performed, percentage of Addltlonel Servlces completed, method for computing the amount payable, and tt�e amount to be paid. The atetement shall desaibe t�e amount of Addttlonel Services provided alnca the in�lal cammencement defe. or since the start of tha subsequent biAing petiods, as apprcpriate, through the dete of the statement. Apency shafl, within thirty (30) days of recefvfng such statement, revlew the statement end pey aU approved chergeB thereon pursuaM to the provisiona of Chiil Coda Sectfon 3324. Dfsputed amou�ts ehaU be resolved by the partfes in a mutualty agroeable menner. 9 8ast Basl d Krlspr LLP—hJy 2(f00 SpPU813Q34pQ.1 �lCI�O�A. _ € ��O:a�$PAI�M�Ii�R�D�OPM�ITAGJ�iCY PA�M3D� HQ��Ati1�0� PROI�SSIQNA� �I� A��Il'IOI�Ai� �tVIC�S Contract Purpose Architectural Services for Carlos Ortega Villas ConsultanYs Name Interactive Design Corporation a,dd�ess: 199 South Civic Drive, Suite 10 Palm Springs, CA 92262 You are hereby requested to comply with the foll Contract t� / P.O. # Additional Services No. Contingency: Account No. Project No. Vendor No. chanqes from the contract DESCRIPTION OF CHANGES FAA and Riverside County Airport Land Use Commission review Palm Desert Country Club Villas HOA mutuall drive access agreement Evaluation of existing perimeter walls Storm water drainage modification between buildings Property ownship / final map AB 1484, Elim ination of Redevelopment Agencies TOTALS: NET ADDITIONALSERVICES PRICE: JUSTIFICATION: Identify location of underground utilities to mitigate potential construction delays. $40,926.93 $40,926.93 TOTAL BUDGET FOR PROJECT: + 846,172.00 ONTINGENCY: Less: Expend. & Encumb. To Date: - 791,472.00 Amount Approved byAuthority: + 75,000.00 Less: This Change Order Amount: - 40,926.93 Less: PriorAmendment(s): - 32,800.00 BALANCE OF BUDGET Less: This Amendment: - 40,926.93 REMAINING FOR PROJECT: 13,773.07 Balance Remainin of Contin en : 1,273.07 The amount of the Contract will be (Decreased) Increased by the Sum of: Fortv-one thousand nine hundred and thirtv six and 98/100 Dollars ($41,936.98). R29410A 17371 4 YES X NO 703-8691-466-4001 326 plans and specifications: DECREASE INCREASE In Contract Price In Contract Price $2,450.00 $9,953.25 $7,148.00 $10,745.50 $0 $10,630.18 G.Uda\Heather Buck\Carlos Ortega Villas\Stl Rpt\IDC Addl Svc No 4\Carlos Ortega Villas AdtllSrvc No 4-HAa tloc See reverse Contract R29410A Additional Services (AS) 4 Continued from front This AS covers changes to the subject contract as described herein. The consultant shail 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 # 4 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 # 4. 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: EXECUTIVE DIRECTOR 3. CERTIFIED FUNDS AVAILABLE: 2. ACCEPTED BY: CONSULTANT Date Accepted 4. APPROVED BY: FINANCE DIRECTOR NOTE: No payments will be made prior to Executive Director and Housing Authority approval JAN C. HARNIK, CHAIRMAN SECRETARY 10/10/2013 10/10/2013 G�.Vtla\Heather Buck\Carlos Ortega Villas\Stf Rpt\IDC Atldl Svc No 4\Carlos OAega Villas AtltllSrvc No 4-HAa.doc See reverse