HomeMy WebLinkAbout00010C - HUGH M KAPTUR ASSOC DOWNTOWN PARKING STRUCTURE CRA - Hugh M. Kaptur & Assoc.
Elg. & Constr. of Parking Str
AGREEMENT #10 - Res. #040
AGREEMENT NO. 10 6-18-75
BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AND
HUGH M. KAPTUR AIA & ASSOCIATES FOR
ARCHITECTURAL AND ENGINEERING SERVICES
FOR CONSTRUCTION OF PARKING STRUCTURE NO. 1
WHEREAS the Downtown Development Advisory Commission of the City of
Palm Springs at their meeting of January 9, 1975 requested proposals
for design and feasibility studies for a parking structure in the
project area; and
WHEREAS the Downtown Development Advisory Commission of the City of
Palm Springs at their meeting of April 24, 1975 recommended an expan-
sion of services to include the study of additional sites for a
parking structure; and
WHEREAS the DDAC in addition recommended that the services include
schematic designs of physical improvements of public and private
property adjacent to said structures; and
WHEREAS the firm of Hugh M. Kaptur AIA & Associates, with Conrad
Engineers as parking structure consultants has agreed to perform
architectural and engineering services for construction of this
facility,
NOW THEREFORE this agreement is entered into with Hugh M. Kaptur,
AIA & Associates (hereinafter referred to as Architect) and the
Community Redevelopment Agency of the City of Palm Springs (herein-
after called Agency) for architectural services for Parking Structure
No. 1 (hereinafter referred to as Project) , the parties do mutually
agree as follows :
ARTICLE I
ARCHITECT'S SERVICES
1.1 PHASE 1 - PRE-DESIGN SERVICES (SITE SELECTION)
1. Service 1. Project Development Scheduling
After reviewing the Agency's philosophy, objectives and func-
tional needs, the architect will establish with the Agency a
schedule for the study of sites, schematic drawings of parking
structures , and schematic designs and recommendations for the
improvement of public and private property related to the
structure.
2. Service 2. Site Investigation
The architect will investigate three sites and their areas of
influence as listed below for feasibility of a parking struc-
ture and recommend type and size of structure, flow pattern
of traffic, locations of ingress and egress for automobile,
pedestrian, and service movement. Subsurface analysis to be
furnished by Agency.
Agreement No.
Page -2-
SITE 1. BLOCK 5 (Liebling/Center) and the Spa Hotel
The site for a proposed structure will be the two
adjacent parking areas on the west side of Indian
Avenue starting approximately 60 feet north of
Tahquitz-McCallum Way.
The area of influence should be considered as all
properties within that block (Block 5) , the Spa
Hotel property to the east of the site, the proper-
ties fronting on Andreas Road between Palm Canyon
and Indian, the properties fronting on Tahquitz-
McCallum between Palm Canyon and Calle Encilia.
SITE 2. BLOCK 7 (Plaza) and the block east of Indian Avenue
The site for a proposed structure will be the area
presently occupied by the Plaza Trailer Park on the
block boardered by Tahquitz-McCallum on the north,
Calle Encilia on the east, Arenas on the south and
Indian Avenue on the west.
The area of influence should be considered as all
property located within the above desired block,
the block occupied by the Spa Hotel, and all proper-
ties within Block 7 (Plaza) .
SITE 3. BLOCK 8 (Bullock's) the Oasis Hotel, and the Plaza
in Block 7.
The site for a proposed structure will be the area
to the rear of Bullock's presently occupied by the
parking lot.
The area of influence should be considered as all
property located within Block 8, the Oasis Hotel
property and the "Old" Plaza property.
3 . Service 3. Code & Ordinance Analysis
The architect will investigate codes and ordinances as applicable
to the three sites to determine any significant determinants.
4. Service 4. Agency Consultation
The architect will prepare an analysis relating to Agency advan-
tages and disadvantages of proposed sites.
1.2 PHASE II SCHEMATIC PLANS FOR BUILDING & SITE DEVELOPMENT SERVICES
1. Service 1. Parking Structure Design
Sketch concepts of three parking structures based on criteria
developed in Phase I. Furnish line drawings, sketch plans,
elevations and/or perspectives- -
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Agreement No. /O
Page -3-
2. Service 2. Private Development Design or Modifications
Sketch concepts of specific properties in areas of influence
including pedestrian, vehicular and service movement, rehab-
ilitation of existing structures, and recommended physical
expansion of private development. These shall include all
private property located on Blocks 5, 7 and S of the redevel-
opment plan, and selected portions of the block occupied by
the Plaza Trailer Park. Photographic overlays will be accept-
able for design presentation-'along with color recommendations.
3. Service 3. Public Improvement Modifications
Provide sketch design of public improvements adjacent to the
parking structures to enhance and provide for the smooth
functioning of said structures. Traffic flow information to be
provided by City.
1.3 PHASE III - PRE-DESIGN SERVICES (PARKING STRUCTURE DESIGN)
1. Service 1. Project Development Scheduling
After the selection of a specific site by the Agency the archi-
tect shall review the Agency's objectives and establish with
the Agency a schedule for the development of the overall project.
This schedule may include a comprehensive definition of the
architect's services; the client's responsibilities; the time
sequence involved with providing and fulfilling both; and the
length of time required for the construction process. Review
of each phase of service is important and time should be pro-
vided to permit schedule adjustment.
2. Service 2. Project Programming
A detailed set of requirements for the project will be developed
and written, including determination of the amount of each type
of space to be included in the building and the functional inter-
relationship between these spaces. The design concept will be
based on the adaptation of these requirements to the client's
available resources; to technical requirements; to human, physical
and economic forces; and to site limitations.
3. Service 3. Governmental Agency Consultation
The architect will prepare material for and consult with local
and State agencies having jurisdiction regarding the applicable
laws, statutes, building codes, and regulations affecting the
project, to insure that accurate information is available before
the initial design concept is developed. The only State agency
involvement anticipated is with Caltrans as the ingress and egress
may be on a State Highway.
4. Service 4. Administrative Services and Conferences
Will include all research, travel, correspondence, discussion and
management performed by the architect in providing all pre-design
services required for the client's building project. Conferences
with consultants, officials and the client will be limited to
Agreement No.
Page -5-
5. Service 5. Statement of Probable Cost (continued)
method for the approved schematic design. A reasonable contin-
gency must be included before the contractor's overhead and
profit percentage is added. This service does not include a
detailed estimate of construction cost with a quantity survey
of material and because of variables no guarantee is required.
6. Service 6. Renderings & Perspectives
Architect's service shall include the use of varying types of
finished renderings for design presentations.
7. Service 7. Administrative Services, Conferences and Agency
Approval
Includes all research, travel, correspondence, discussion and man-
agement performed by the architect in providing all schematic
design services required for the client's project. Conferences
with the client in developing the site and in gaining the client's
approval of each service shall be listed separately for scheduling
purposes. The Agency shall approve the design of the structure
prior to the completion -of this phase.
ARTICLE 2
THE AGENCY'S RESPONSIBILITIES
2.1 The Agency shall provide full information regarding its require-
ments for the Project.
2.2 The Agency shall designate the Redevelopment Director or other
representative agreeable to the architect to act in its behalf
with respect to the Project. The Agency or its representative
shall examine documents submitted by the Architect and shall
render decisions pertaining thereto promptly, to avoid unreasonable
delay in the progress of the Architect's work.
2.3 The Agency shall furnish a description of the sites giving, as
applicable, aerial and elevation photographs, grades and lines of
streets, alleys, pavements and adjoining property; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and
data pertaining to existing buildings, other improvements and trees;
and information concerning service and utility lines both public
and private, above and below grade, including inverts and depths.
2.4 The Agency shall furnish the services of a soils engineer or other
consultant when such services are deemed necessary by the Archi-
tect, including reports, test borings, test pits, soil bearing
values, percolation tests, and other necessary operations for deter-
mining sub-soil conditions, with appropriate professional inter-
pretations thereof.
Agreement No.
Page -4-
4. Service 4. Administrative Services and Conferences (continued)
developing the project and in gaining the client's approval of
each service, but will not-require meeting with-special interest
groups or individuals. -
1.4 PHASE IV - SCHEMATIC PLANS FOR BUILDINGS & SITE DEVELOPMENT SERVICES
1. Service 1. Site Analysis
Using the data and design developed in the above phases the site
analysis will include a detailed study of the topographic and
subsurface conditions, utilities, parking and traffic flow regula-
tions, and consultation with structural, mechancial, electrical
and civil engineers.
2. Service 2. Internal Function, Flow Studies and Space Planning
Studies of internal functions, flow patterns and space planning
will be developed in more detail with the client. These will
include the detailed analysis of all operating -functions and of
the internal flow of material, people and utilities. Each study
will relate to an established number of special facilities,
equipment, programmed space usage, flexible space, material hand-
ling and provision for future expansion. Includes presentations
in graphic and written form.
3. Service 3. Schematic Design Studies
Schematic design studies may offer one or more possible solutions
to the client for selection and approval. Studies may include
simple diagrammatic plans, vertical sections and perspective
sketches illustrating the project program. Client approval of one
scheme is essential. A statement of probable construction cost
may then be made using the cost per square foot of floor area
method with the scheme approved by the client.
4. Service 4. Architectural Design Development
With the approval of the final schematic design study, the archi-
tectural design shall then be developed and expanded in three
dimensional design. This shall include detailed development of
the building's size, appearance and form with sketches, perspec-
tives and sketch- plans, elevations, sections and certain
critical construction details. The various engineering systems
analyzed shall be considered in order that the final architectural
design concept can be carried out efficiently and economically.
5. Service 5. Statements of Probable Cost
The probable construction cost of any project can only be estimated
to a degree of accuracy commensurate with the size, quality and
complexity of the project and the probable market conditions pre-
valent at the time the project will be bid. - _,1.
-
Architectural service shall include preparing statements of probable
construction cost using the cost per square foot of floor area
•
Agreement No. ,/v
Page -6-
2.5 The services, information, surveys and reports required by Para-
graphs 2.3 and 2.4 inclusive shall be furnished at the Agency's
expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
2.6 The Agency shall furnish all design and engineering necessary for
additional off-site utilities .
(Includes establishing the size, capacity and location of all
existing utilities adjacent to the building site and determining
the cost and physical requirements for making connection thereto.
2.7 The City shall prepare the environmental impact studies and reports.
ARTICLE 3
REIMBURSABLE EXPENSES
3.1 Reimbursable Expenses are included in the Compensation for Basic
Services and include actual expenditures made by the Architect,
his employees, or his professional consultants in the interest of
the Project for the expenses listed in the following sub-paragraphs:
3.1.1 Expense of transportation and living when traveling in connection
with the Project outside the City of Palm Springs, if authorized
in advance; long distance calls and telegrams, and fees paid for
securing approval of authorities having jurisdiction over the
Project.
3.1.2 Expense of reproductions, postage and handling of Drawings at
the completion of each Phase for the City's review and approval.
ARTICLE 4
PAYMENTS TO ARCHITECT
4.1 Payments for Architect and Consultant Services shall be made
monthly upon submission of invoices accompanied by supporting
documentation with a written statement of services performed.
4,2 For the Architect and Consultants basic services, as described in
Article 1, Paragraphs 1.1 through 1.2.3, a fee not to exceed
$10,000; and Paragraphs 1.3.1 through 1.4.7, a fee not to exceed
$15,000. It is understood that the compensation for work to be
performed under Article 1, Paragraphs 1.1 through 1.2.3 represents
a maximum desirable expenditure by the Agency, but may not be ade-
quate to perform a full service. In the event the full fee of
$10,000 is not expended for services provided under Paragraphs 1.1
through 1.2.3 the balance of funds may be used for services
provided for under Paragraphs 1.3.1 through 1.4.7. Total compensa-
tion for this contract shall not exceed $25,000.
Within the scope of this contract the Architect will not be required
to expend funds for travel and reproduction costs beyond a maximum
amount of $2,000. Professional rendering services as provided for
under Paragraph 1.4.6 shall not exceed a budgeted amount of $1,500.
•
Agreement No. / 6'
Page -7-
In the event this project proceeds to the construction
document stage, the Architect agrees to enter into a
contract to complete the construction document and super-
vision phase for a fee computed on the basis of 60 of the
construction costs, less $18,000 of that amount, which is the
design phase represented in this contract.
Principal and Consultant„Principal's time not to exceed
the rate of $38.00 per hour.
For the purposes of this Agreement, the Principal is:
HUGH M. KAPTUR, AIA
For purposes of this Agreement, the Consultants are:
Parking Structural Systems & Structural Engineers:
Conrad Associates, Charles M. Bolden, Principal in Charge
Civil Engineering:
Webb Engineering, John Sanborn, Principal in Charge
Mechanical and Electrical Engineering:
K&S Engineering, Ray Stephens , Principal in Charge
Employees' time computed at a multiple of 2.5 times the
employees' direct personnel expense. A list of employees
and their respective direct personnel expense is attached
hereto as Exhibit B.
4.3 Records of the Architect's Direct Personnel, Consultant and
Reimbursable Expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be avail-
able to the Agency or its authorized representative at mutually
convenient times.
4.4 If the Project is suspended for more than three months or abandoned
in whole or in part, the Architect shall be paid his compensation
for services performed prior to receipt of written notice from the
Agency of such suspension or abandonment, together with Reimbursable
Expenses then due and all terminal expenses resulting from such
suspension or abandonment. If the project is resumed after being
suspended for more than three months, the Architect's compensation
shall be subject to renegotiation.
ARTTCLE 5
TERMINATION OF AGREEMENT
This Agreement may be �terminated by either party upon seven days' written
notice should the other party fail substantially to perform in accordance
with its terms through no fault of the other. In the event of termination
due to the fault of others than the Architect, the Architect shall be paid
his compensation for services performed to termination date, including
Reimbursable Expenses then due and all terminal expenses.
Agreement No.
Page -8-
ARTICLE 6
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall remain
the property of Architect; whether the Project for which they are made is
executed or not. They are not to be used by the Agency on other projects
except by agreement in writing. The Architect shall provide the Agency one
set of drawings in reproducible form for representational purposes.
ARTICLE 7
SUCCESSORS AND ASSIGNS
The Agency and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party this Agreement and
to the partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement. Neither the
Agency nor the Architect shall assign, sublet or transfer his interest in
this Agreement without the written consent of the other.
ARTICLE 8
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the
Agency and the Architect and supersedes all prior negotiations, representa-
tions or agreements, either written. or oral. This Agreement may be amended
only by written instrument signed by both Agency and Architect.
ARTICLE 9
SCHEDULE OF WORK
In view of the Agency's desire to proceed immediately with construction of
the Project and recognizing that it interrelates to other on-going pro-
jects, it is necessary that a schedule of work be determined immediately
upon execution of this Agreement. Once said schedule is prepared it shall
be approved by the City Council and both the Agency and the Architect agree
to adhere strictly to said schedule.
ARTICLE 10
MISCELLANEOUS
12.1 In the event a dispute arises out of this Agreement between Agency
and the Architect, whether resolved by arbitration or legal pro-
ceedings, the prevailing party shall receive all reasonable
attorney's fees and costs.
12.2 The Architect warrants that the professional services to be fur-
nished by him under this Agreement shall be performed by, or under
the direction of, duly licensed architects and�registered engineers.
Dated at Palm Springs, California, this day of ( , jLt_* , 1975.
ATTEST: COMD� T TYZ�DEVELOPMENT AGENCY
By 4
Secr ary C ai man
REVIEWED & APPROVED
ARC I'�C'ECT
APPROVED BY CRA.RES. NO. e,10 By