The URL can be used to link to this page

Home My WebLink About24 Presidents PlazaSTAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: December 16, 2021 PREPARED BY: Audrey Nickerson, Project Manager REQUEST: Appropriate additional budget of $500,000 for construction contingency and design services related to President's Plaza East and West Parking Lot Improvements (Project No. 758-14). Recommendation By minute motion, that the City Council, 1) Approve additional contingency funds in the amount of $465,000 to Contract No. C37040A with H&H General Contractors Inc. of Highland, California; 2) Approve Amendment No. 4 to Contract No. C37040 with Dudek of La Quinta, California, for additional design services in an amount not to exceed $35,000; 3) Appropriate $400,000 from the Restricted Capital Project Fund 451 to Account No. 4514692-4400100; 4) Appropriate $100,000 from Unobligated General Funds to Account No. 4004692- 4400100; and 5) Authorize the City Manager or designee to execute the amendment and to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. Upon approval of the above actions, funds will be available in Restricted Capital Project Fund Account No. 4514692-4400100, and the balance from Capital Project Fund 400. 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 providing large blocks of attractive and efficient public parking within the corridor. December 16, 2021 - Staff Report Appropriation of Additional Construction and Design Budget Page 2 of 4 Background Analysis To date, the City Council has authorized the following actions for the President's Plaza East and West Improvements project, resulting in a total of $10,662,031 for the project design, construction management, utility relocations, and construction: • Mav 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. • Mav 13, 2021 — Authorized City Manager to enter into necessary agreements for utility relocation; authorized the expenditure of up to $250,000 for utility relocations; and approved Amendment No. 3 to Contract C37040 with Dudek of La Quinta, California, for additional design services in an amount not to exceed $37,950. • Auaust 26.2021 - Authorize the additional expenditure of up to $572,240 for CVWD utility relocations. Discussion The approved project budget includes a contingency budget of $712,339. To date, Staff has approved two contract amendments, totaling $330,000, for Spectrum utility relocations, abandonment of 14 septic tanks and cesspools, and connection of affected businesses to the public sewer system. The majority of the utility conflicts are associated with unrecorded, shallow infrastructure, identified during grading activities. The contractor has identified additional work that has been completed to resolve various issues, which is expected to exhaust the remainder of the approved contingency budget. This work includes additional supplies and labor for electrical services, concrete, ADA ramps, water December 16, 2021 - Staff Report Appropriation of Additional Construction and Design Budget Page 3 of 4 service laterals, and sewer piping. Therefore, staff requests an additional appropriation of contingency funds for anticipated additional work required to resolve the issues described below. To -date, the southern half of each lot has been graded. Based on the utility conflicts experienced, staff anticipates additional utility conflicts will be identified during grading activities in the northern portion of each lot that are not covered by the existing scope of work. In addition, temporary lighting was procured at the beginning of November to provide adequate nighttime lighting in the parking lots until permanent lighting is installed and energized. Due to supply -chain issues, CVWD has delayed their utility relocations indefinitely and will not provide updates until they have the necessary parts in -hand for their work, which could result in an indefinite delay in paving the lots. As such, the project team developed a contingent paving plan to ensure the lots can still be paved in a timely manner. The plan includes installation of a 2.5-inch base layer, and a 1-inch finishing layer once all underground improvements are completed. This approach would require additional mobilization, labor to sawcut and replace asphalt where CVWD improvements are required, traffic control, and temporary striping. Utilizing the two-phase paving approach, the project team has planned phase 1 paving in the east lot on December 20-21 and paving in the west lot approximately one month later. Due to the number of unforeseen issues encountered during construction, the project designer, Dudek, has submitted Amendment No. 4 to Contract No. C37040A in the amount of $35,000 to provide design services through completion of construction. Fiscal Analysis In 2018, the total Project cost was estimated to be $8.6M. Since then, the Project has experienced design re-evaluations, re -designs and unexpected utility fees and conflicts which have resulted in additional costs for a total Project cost of $11,161,977. The project team has identified several bid items that will be reduced in quantity or that the contractor may not perform due to adjustments in project element design. These potential deductions may lessen the final cost of the project, including the additional funding appropriation being requested. At this time staff cannot be certain that those funds associated with the identified bid items will not be required during construction. As such, we do not recommend reallocating the funds to other bid items, but we will continue to monitor these bid items in the event additional funds are needed. Any funds remaining following completion of the project will be unencumbered and made available for other City needs. Staff recommends allocation of $465,000 additional funds to the construction contingency budget for Contract No. C37040 and approval of Amendment No. 4 in the amount of $35,000 to Contract No. C37040A: a total of $500,000. Staff requests appropriation of $400,000 from the Restricted Capital Project Fund 451 and $100,000 December 16, 2021 - Staff Report Appropriation of Additional Construction and Design Budget Page 4 of 4 from Capital Project Fund 400. The table below provides the original budget, and the various City Council actions and authorizations to date. ITEM Original Budget FY18/19 I Additional Appropriation FY20/21 Professional Consulting Service Agreement C37040 Amendment No. 1 to Agreement C37040 Construction Management Services Agreement C37040B Authorize Utility Relocation Expenses Appropriation Authorized by Council Construction Contract C37040A Construction Contingency Amendment No. 2 to Agreement C37040 Additional Utility Relocation Expenses and Appropriation Amendment No. 3 to Agreement C37040 Authorization of Additional Utility Relocation Expenses Requested Appropriation of funds for Anticipated Additional Utility Expenses Requested Amendment No. 4 to Agreement C37040 TOTAL PROJECT COST EXCESSI(SHORTFALL) ' Bolded amount is the subject of this request LEGAL REVIEW Approved as to Form NIA Robert W. Hargreaves City Attorney DEPT. REVIEW Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: ATTACHMENT: 1. Amendment No. 4 2. Agreement Amendment Authorization 3. Vicinity Map AUTHORIZED 05/10/2018 07/11/2019 10/15/2020 02/25/2021 03/11/2021 03/11/2021 03/11/2021 03/11/2021 05/13/2021 05/13/2021 08/26/2021 12/16/2021 12/16/2021 FINANCIAL REVIEW BUDGET COST $8,000,000 $740,000 $1,200,000 $150,000 $571,977 $10,661,977 $(500,000) Janet M. Moore Director of Finance L. Todd H-LLevu,a►n, Cl"l'Y COUNCIL ACTION APPROVED VV DENTED RECEIVED OTHER $606,120 $50,000 $853,960 $400,000 $7,123,393 $712,339 $55,975 $250,000 $37,950 $572,240 465,000 35,000 $11,161,977 ASSISTANT CITY MANAGER Andy Firestine Andy Firestine Assistant City Manager MEETING DATE 2- ' U ZL'1- AYES:�\i NOES: Kale ABSENT: NUV ABSTAIN• F JI)rie VERIFIED BY i\i i A / S (5 Original on File with City Clerk's Office CONTRACT NO. C37040 AMENDMENT NO. 4 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DUDEK Contract No. C37040 1. Parties and Date. This Amendment No. 4 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT is made and entered into as of this 16th day of December, 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 Aareement. 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; Amendment No. 2 dated March 11, 2021; and Amendment No. 3 dated May 13, 2021. 2.3 Amendment Authority. This Amendment No. 4 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 $35,000.00 for construction engineering support, as authorized by City, 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. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4. 3.3 Adeauate 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. 4. 3.4 Severabilitv. If any portion of this Amendment No. 4 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. 4 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 Page 1 of 5 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C37040 instrument. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 5 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C37040 SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DUDEK IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT DUDEK Approved By: KATHLEEN KELLY MAYOR Attested By: Norma I. Alley, MMC, City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney Signature Name Title Signature Name Title Page 3 of 5 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C37040 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 Individual Corporate Officer Title(s) Partner(s) Limited General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Page 4 of 5 DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 72500.00001 \32445060.1 (Revised 10-06-20) Notary Acknowledgment CONTRACT NO. C37040 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 Individual Corporate Officer Partner(s) Title(s) ▪ Limited General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Page 5 of 5 DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 72500.00001 \32445060.1 (Revised 10-06-20) CONTRACT NO. C37040 EXHIBIT "A-1" Exhibit "A-1" 72500.00001 \32445060.1 (Revised 10-06-20) DUDEK 605 Third Street Encinitas, California, 92024 Phone: (760) 942-5147, Fax: (760) 632-0164 To: Client: Address: ' City: Phone: AGREEMENT AMENDMENT AUTHORIZATION City of Palm Desert 73-510 Fred Waring Drive Palm Desert 760-346-0611 California Zip: 92260 This form is provided to document Client's written authorization to amend our existing Agreement as discussed. By documenting Client's written authorization for an Agreement amendment, Dudek hopes to avoid any misunderstanding between Client and Dudek, and to expedite the changes requested. All other terms and conditions of the original Agreement between Client and Dudek remain in effect. Contract Name: Contract/Purchase Order No.: Dudek Job No.: Contract Effective Date: Presidents Plaza Parking Lot Improvements (Project No. 758-14) C37040 11166 5/15/2018 Dudek Project Manager: Charles Greely AMENDED/ADDITIONAL SERVICES/DISCIPLINE Dudek will provide supplemental utility relocation and construction support services, including: - Additional SCE coordination for relcation of electrical facilities - Additional Time Warner/Comcast coordination for relocation of communication facilities - Additional site visits for field conflict resolutions - Coordination with City and CM consultant for ADA path of travel compliance review - Participation in public outreach efforts including site visits to discuss business owner concerns - Assist with public outreach efforts with project records and background discussions - Coordination with CVWD for approval of water services - Redesign of water system plans based on CVWD driven request for changes to the service point of connection - Additional RFI coordination and response Digital file coordination and maniluation for surveyors Additional material submittal reviews Original Budget: Previous Amendments: $606,120.00 $143,925 Compensation scheme for this Agreement Amendment (choose one of the three options below : TO EXPEDITE EXTRA SERVICES, PLEASE SIGN AND FAX OR SIGN, SCAN AND E-MAIL BACK TO DUDEK Reimbursable Costs: New Agreement Amount: Client Authorized Signature: $35,000 $742,095 • o .• • -:,. Be: Time and Expenses Not to Exceed: Fixed Fee Plus Expenses: Date: TO EXPEDITE EXTRA SERVICES, PLEASE SIGN AND FAX OR SIGN, SCAN AND E-MAIL BACK TO DUDEK Q l TA V-If1-01--d-Od ALESSANDRO DR ct 0 0 ce o vr .ct vr co cc co o = ae m O CC o ge OS z-• Q y • • a 14 0 • • W Jelb II I ) P-O-RTO-LA-A 1/E HLql•AP • • • • • • • • s � • • i • • • • • pH W 3AV A321 SIn7 NV'S 0 W J ALESSANDRO DR PALM DESERT DR N Et 0 0 z o I ct z 0 Q ~ co OS W JI Ur 0 PALM DESERT DR S 34y • • CA • • • cc •• •• O ~ • • W ■ •• y • • o r. v 2 a • • • —II • • r • • ■ ■ • • MP NM • • • • N7 dndSMdb'7 J PO-R-TO-L PRICKLY PEAR LN LARREA ST LA RREA ST N7 2l ndS>Rl V7 a) 06 C6 W N C6 0 7 ^L 0 VICINITY MAP