HomeMy WebLinkAbout09 C37040 - Dudek of LQ - President's Plaza East - Project No. 758-14CONTRACT NO. C37040
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: May 13, 2021
PREPARED BY: Randy Bowman, Senior Project Manager
REQUEST: Authorize the City Manager or designee to enter into necessary
agreements and authorize the additional expenditure of up to
$250,000 for utility relocations and approve Contract Amendment
No. 3 to Contract No. C37040 with Dudek of La Quinta, California for
additional design services in an amount not to exceed $37,950
related President’s Plaza East and West Parking Lot Improvements,
Project No. 758-14.
___________________________________________________________________________
Recommendation
By Minute Motion:
1) Authorize the additional expenditure of up to $250,000 for utility relocations
related to the project;
2) Authorize the City Manager or his designee to take any action and execute any
documents, necessary to facilitate utility relocation agreements related to the
project;
3) Approve Amendment No. 3 to Contract C37040 with Dudek of La Quinta,
California, for additional design and construction engineering support services
in an amount not to exceed $37,950;
4) Appropriate $150,000 from the Restricted Capital Project Fund 451 to Account
No. 4514692-4400100; and
5) Authorize the Mayor to execute the agreements.
Strategic Plan
The improvements to the El Paseo Corridor fulfill priorities identified in the City’s Strategic
Plan, including the following:
Economic Development Priority No. 1: Expand job and business creation opportunities.
Action Step: Revitalize Highway 111. Look at creating a possibility of creating a
“City Center” atmosphere.
To encourage growth and revitalization of the Highway 111 corridor, the City assists in
May 13, 2021 - Staff Report
Authorize Additional Utility Relocation Expenditure and Amendment No 3 to C37040
Page 2 of 4
providing large blocks of attractive and efficient public parking within the corridor.
Background Analysis
To date, the City Council has authorized the following actions for the President’s Plaza East
and West Improvements project, including a total of $9,089,448 for the project design,
construction management, utility relocation costs, and construction:
• May 10, 2018 – Awarded Contract No. C37040 for professional engineering,
landscape architecture and utility design services to Dudek of La Quinta, California, in
the amount of $606,120.
• July 11, 2019 – Selected Alternative 5 for the design of President's Plaza East and
West Parking Lot Improvements; and approved Contract No. C37041, Amendment
No. 1 to Contract No. C37040 with Dudek, in an amount of $50,000.
• October 15, 2020 – Awarded Contract No. C37040B for construction management
services to Southstar Engineering of Riverside, California in the amount of $853,960.
• January 14, 2021 – Authorized staff to advertise and call for bids for the construction
contract; and authorized the Contract Documents to include an early completion
incentive.
• February 25, 2021 – Ratified and confirmed the Interim City Manager’s execution and
authorization to enter into necessary agreements for utility relocation; and authorized
the expenditure of up to $400,000 for utility relocations.
• March 11, 2021 – Awarded Contract No. C37040A to H & H General Contractors, Inc.
of Highland, California for President’s Plaza East and West Improvements (Project
No. 758-14) in the total amount of $7,123,393.00; and approved Amendment No. 2 to
Contract C37040 with Dudek of La Quinta, California, for additional design and
construction engineering support services in an amount not to exceed $55,975.
On March 15, 2021, Southern California Edison (SCE) notified the City of unexpected
additional relocation of SCE facilities would be needed for the Project. On March 19, 2021,
SCE provided a preliminary estimate of cost in the amount of $1,016,000 for the additional
work, which consists of removing and replacing up to twelve vaults and manholes. The City
project team then began a series of meetings with SCE March 22 to assess the problem and
determine how to mitigate the unforeseen and previously unknown utility relocation needs.
The project designer has proposed modifications to the surface grades of the new parking
lot, which would mitigate the need for replacing ten of the twelve vaults. The proposed
solution will maintain drainage patterns, ADA design requirements, and will not require
change to the surrounding sidewalks that front the businesses. The City provided the
proposed grading modifications to SCE for response. SCE requested additional potholing be
conducted to confirm the proposed modifications would be acceptable. On April 13, 2021,
the designer provided the additional potholing information to SCE. On April 26, 2021, SCE
confirmed that only two structures will require replacement. The City then received from SCE
on April 28, 2021 a revised draft estimate of cost in the amount of $468,246.42 for the reduced
scope of additional SCE utility relocation.
May 13, 2021 - Staff Report
Authorize Additional Utility Relocation Expenditure and Amendment No 3 to C37040
Page 3 of 4
At its February 25, 2021 meeting, the City Council ratified and confirmed the Interim City
Manager’s execution and authorization to enter into necessary agreements for utility
relocation; and authorized the expenditure of up to $400,000 for utility relocations. To date,
the City has expended $107,452.33, leaving $292,547.67 available for the SCE utility
relocation cost. Given that SCE has presented a revised preliminary estimate of cost of
$468,246.42, staff is requesting the City Council appropriate funds and authorize an
additional $250,000 for utility relocation costs, which will account for the preliminary estimate
of cost provided by SCE plus additional contingency to cover final costs during construction.
The design engineer conducted additional potholing investigation in support of mitigating the
previously unknown SCE utility relocation needs. Staff is requesting the City Council approve
Contract Amendment No. 3 to the design contract in an amount not to exceed $37,950 for
these additional services.
Fiscal Analysis
Staff is requesting authorization to expend up to an additional $250,000 for utility
relocation costs, which is part of the overall expected project cost of approximately
$10,051,841.
Should the contractor be eligible for the early completion incentive offered in the Contract
Documents, such final amount of the incentive will require an additional appropriation at
a future date. Should the construction incentive offered exceed the available bond
funding, other funding sources, such as “Committed General Fund Capital Improvement
Project Reserves”, will need to be used to fund any unfunded portion of the project.
In 2018, the total Project cost was estimated to be $8.6M. Since that time, we have had
several project re-evaluations, re-designs and unexpected utility fees which have resulted in
additional costs. The table below more fully explains the original budget and various actions
and authorizations to date. With the request for an additional $250,000 for utility relocations,
there is an identified need for additional appropriation of approximately $150,000. Staff
therefore requests that the City Council appropriate $150,000 from the Restricted Capital
Project Fund 451 to Account No. 4514692-4400100. This action does not affect the General
Fund.
ITEM AUTHORIZED BUDGET COST
Original Budget FY18/19 $8,000,000
Additional Appropriation FY20/21 $740,000
Appropriation Authorized by Council 3/11/21 3/11/2021 $1,200,000
Professional Consulting Service Agreement
C37040
5/10/2018 $606,120
Amendment No. 1 to Agreement C37040 7/11/2019 $50,000
Construction Management Services
Agreement C37040B
10/15/2020 $853,960
May 13 , 2021 -Staff Report
Authorize Additiona l Utility Re location Expe nditure and Amendment No 3 to C37040
Page 4 of 4
A uthorize Uti lity Re loca t ion Expenses 2/25/2021 $400 ,000
Const ruction Contract C37040A 3/11 /2021 $7 ,123 ,393
Construction Contingency 3/11 /2021 $712 ,393
Amendment No. 2 to Agreement C37040 3/11 /2021 $55 ,975
Reques t ing Authorizat io n of Addit ional Util ity $250 ,000
Relocation Expenses
Requesting Amendment No . 3 to Agreement $37 ,950
C3 7040
TOTA L PROJECT COST $9,9 40 ,00 0 $10,0 89,791
EXCESS/(SHORTFA LL) $(1 49 ,791)
LEGAL REVIE W FINANC IAL ASSISTANT
Approved as to Form DEPT . REVIEW REVIEW CITY MANAGER
NIA A ndy :Fires tine 9-,,.,.,,,e:;r 711. 711001,e, Andy :Fir es tine
Robert W . Hargreaves Andy Firestine Janet M . Moore Andy Fire stine
City Attorney Assistant City Manager Director of Finance Assistant City Manager
City Manager: L. Todd Hileman : L. To~~ H-tleVvlelV\.-
CONSULTANT:
ATTACHMENTS :
Dudek
605 Third Street
Encinitas , California 92024
SCE Invoice
Contract Amendment No. 3
Vicinity Map
CITY COUNCIL A,,C TION
APPROVED __ v...,_ ___ D ENTE D ------
RECEIVED O T H ER _____ _
MEETING D~~. WM . AYEs~-t\{lrn iNes1Ce,CH11ri¾n1 I lc1 fr )ql\y
NoEs: N e
ABSENT: \\1 0C£
ABSTAIN: "-.XJAe
VERIFIED BY~ge; s / srs
Original on File with City Clerk's Office
DRAFT
Southern California Edison Company
Invoice Date:
SCE Contact:
Telephone:
Install - Billing Option:
Invoice Term:
Customer Name:
Customer Email:
District Address:
90 Days
PALM DESERT, CITY OF
DWHITE@DESERTWILLOW.COM
04/26/2021
Nicholas M Golde
(760)-202-4229
73650 SANTA ROSA WAY 328
PALM DESERT CA 92260
36100 CATHEDRAL CANYON DRIVE CATHEDRAL CITY CA 92234
Document #
OTHER: This amount represents the total SCE other costs required to complete the work request. In most cases, this other
amount will consist of all additional requirements needed for completing the work request. This other amount typically consists
of items such as Added Facilities one time charges, contractor work, rights check, and permits.
MATERIAL: This amount represents the total SCE material required to complete the work request. In most cases, this material
amount will consist of construction material and any additional material required for completing the work request. The
construction material will typically consist of installation and service material such as transformers, cable, conductor, poles,
meters, riser, switches, fusing equipment, handholes, and cross-arms. All applicable material related overheads are also included
TOTAL TAX:
Description Amount
Service Request Number 3004120
Project Description
$52,262.79
$40,622.96
$293,650.67
$386,536.42
$386,493.49
TAX: $0.00
$81,752.93
24.00%
$0.00
24.00%
$81,752.93
COMMENTS:
DEPOSITS:
TOTAL DEPOSITS:
$(42.93)
$0.00
$0.00
$0.00
$ 468,246.42
NET CONSTRUCTION BILLING / RELOCATION ADVANCE:
TOTAL PROJECT INVOICE AMOUNT:
* Enclosed are two copies of your invoice. Please return one copy of the invoice with your payment to Accounts Receivable in
the enclosed return-addressed envelope. The other copy of the invoice is for your records.
* ALL PRICES ARE APPLICABLE FOR A PERIOD OF 90 DAYS FROM THIS DATE AND ARE SUBJECT TO CHANGE
THEREAFTER.
* All payments must be delivered by mail, an alternate postal method, or one of our electronic payment options. Walk-in
payments are no longer accepted at any SCE location, including Accounts Receivable.
* Please complete all applications and/or contracts and return to your planning office, using the enclosed return-addressed
envelope.
* If a street light work order is associated with this project, contracts for that project will be enclosed.
.
TOTAL CREDITS:
LABOR: This amount represents the total SCE labor required to complete the work request. In most cases, this labor amount
will consist of construction labor and any additional labor required for completing the work request. The construction labor
amount will typically consist of installation and service labor required for the work request. The additional labor amount will
typically consist of labor for inspection, cable and equipment make-up, dead ending, traffic control, grounding, supervision, and
switching. All applicable labor related overheads for items such as the design, engineering, and project management are also
included in the total SCE labor amount.
This amount represents the total SCE credits required to complete the work request. In most cases, this credit
amount will consist of: Salvage Credit Depreciation Credit JPA Credit Overhead Equivalent Credit
1. ITCC on Applicant Furnished Tax Base (Taxable Amount):
Tax Rate:
Tax Amount:
2. ITCC on Net Construction (Less Non Taxable Amount) Tax Base (Taxable Amount):
Tax Rate:
Tax Amount:
Preliminary Design & Engineering Advance
Previous Payment
$(42.93)
TOTAL LABOR, MATERIAL, OTHER:
$340,637.21
CREDITS:
Design #:
1825555 - RELOCATE FACILITIESProduct #:
ADJUSTING OR REPLACING MULTIPLE STR TO GRADEDesign Description 1378524
73625 HWY 111 X LARKSPUR LN E/S XSTRT PALM DESERT CA 92260Project Location:
Invoice # 427917
DRAFT
Southern California Edison Company
Invoice Date:
SCE Contact:
Telephone:
Install - Billing Option:
Invoice Term:
Customer Name:
Customer Email:
District Address:
90 Days
PALM DESERT, CITY OF
DWHITE@DESERTWILLOW.COM
04/26/2021
Nicholas M Golde
(760)-202-4229
73650 SANTA ROSA WAY 328
PALM DESERT CA 92260
36100 CATHEDRAL CANYON DRIVE CATHEDRAL CITY CA 92234
Document #
* Easement documents will be mailed directly to you from our Right of Way department. Please complete and return them
as soon as possible, as we will not be able to proceed with the project without clearance
* Call the Edison company at 1-800-655-4555 to make application for electrical service.
* An Edison Inspector must approve all underground systems. Please call your designated inspector 48 hours prior to
construction to schedule an inspection.
* Final electrical inspection from the local governmental building and safety department must be received before we can
energize your service.
* By paying this invoice, customer acknowledges and agrees that if this project is canceled by customer for any reason or
customer does not proceed with the project completion.
* Any expense incurred by SCE, including, but not limited to, expenses related to engineering, inspection and construction,
prior to the project cancellation or completion will be deducted from any applicable refund due to the customer.
.
COMMENTS CONTINUED:
ADDITIONAL PAYMENT INSTRUCTIONS:
If paying by check, please follow instructions on payment stub
JP Morgan Chase Bank
New York, NY
ABA#: 021000021 - Acct#: 323-394434
SCE Taxpayer ID No. 95-1240335
Document #:
SCE Contact:
*** Failure to properly identify your document number and SCE contact may
delay the application of funds and initiation of your project
Instructions for wire or ACH payments:
Special Instructions for overnight delivery methods:Southern California Edison
Attn: Accounts Receivable
8631 Rush Street G-53
Rosemead, CA 91770
Nicholas M Golde
73650 SANTA ROSA WAY 328
PALM DESERT CA 92260
Make check payable to Southern California Edison
Thank you for paying promptly
Payment
Stub
Please pay total amount now due:
Please detach and return payment stub with payment
PALM DESERT, CITY OF
$468,246.42
ATTN: Accounts Receivable
PO Box 800
Rosemead, CA 91771-001
Document #
CONTRACT NO. C37040
Page 1 of 5
72500.00001\32445060.1
(Revised 10-06-20)
AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND DUDEK
Contract No. C37040
1. Parties and Date.
This Amendment No. 3 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT
is made and entered into as of this 13th day of May, 2021, by and between the City of Palm Desert
(“City”) and Dudek, a California Corporation with its principal place of business at 605 Third Street,
Encinitas, CA 92024 (“Consultant”). City and Consultant are sometimes individually referred to as
“Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled
“PROFESSIONAL CONSULTANT SERVICES AGREEMENT” dated May 10, 2018 (“Agreement”)
for the purpose of retaining the services of Consultant to provide certain professional engineering
consulting services for the President’s Plaza East and West Parking Lot Improvements project.
2.2 Amendment. The City and Consultant desire to amend the Agreement for additional
compensation for potholing needed for utility coordination. The Parties have heretofore entered into
that Amendment No. 1 dated July 11, 2019; and Amendment No. 2 dated March 11, 2021.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section
3.5.14 of the Agreement.
3. Terms.
3.1 3.1.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety
to read as follows:
“Additional compensation in the amount of $37,950.00 for utility
relocation potholing and for construction engineering support, shall be
added to the total compensation per Exhibit “A-1”, attached hereto.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever
the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as
amended by this Amendment No. 3.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 3.
3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
3.5 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of
which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
CONTRACT NO. C37040
Page 2 of 5
72500.00001\32445060.1
(Revised 10-06-20)
[SIGNATURES ON FOLLOWING PAGE]
CONTRACT NO. C37040
Page 3 of 5
72500.00001\32445060.1
(Revised 10-06-20)
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL CONSULTANT SERVICES
AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND DUDEK
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the
PROFESSIONAL CONSULTANT SERVICES AGREEMENT as of the day and year first above
written.
CITY OF PALM DESERT
Approved By:
KATHLEEN KELLY
MAYOR
Attested By:
M. GLORIA SANCHEZ, ACTING CITY CLERK
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
Reviewed By:
____________________________________
ANDY FIRESTINE
ASSISTANT CITY MANAGER
DUDEK
Signature
Name
Title
Signature
Name
Title
CONTRACT NO. C37040
Page 4 of 5
72500.00001\32445060.1
(Revised 10-06-20)
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACT NO. C37040
Page 5 of 5
72500.00001\32445060.1
(Revised 10-06-20)
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACT NO. C37040
Exhibit “A-1”
72500.00001\32445060.1
(Revised 10-06-20)
EXHIBIT “A-1”
Exhibit "A-1"
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CONSTRUCTION NOTES
78075 Main St., Ste. 203-G La Quinta, CA. 92253
Tel (760) 341-6660 Fax (760) 346-6118
Engineering, Planning,
Environmental Sciences and
Management Services PRESIDENT'S PLAZA EAST & WEST
PARKING LOT IMPROVEMENTS
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