HomeMy WebLinkAboutRatify C23670 David Volz Design - Aesthetic Treatment of Fred Waring Soundwall 654-01CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Ratify Design Agreement for the Aesthetic Treatment of the
Fred Waring Drive Soundwall and Approve Conceptual
Design (Project 654-01)
SUBMITTED BY: Mark Greenwood, P.E.
City Engineer
APPLICANT: David Volz Design
78060 Calle Estado
La Quinta, California 92253
DATE: April 14, 2005
CONTENTS: Interoffice Memorandum to City Manager
Agreement
Conceptual Design
Vicinity Map
Recommendation:
City Council by minute motion:
1. Ratify Design Agreement with David Volz Design, of
La Quinta, California, in the amount of $10,000.00, for
the Aesthetic Treatment of the Fred Waring Drive
Soundwall between California Avenue and Elkhorn
Trail.
2. Set aside a 10% contingency.
3. Approve the Conceptual Design for the soundwall
design.
Discussion:
On February 10, 2005, a two -wall concept was presented to City Council for the
soundwall design along Fred Waring Drive between California Avenue and
Elkhorn Trail. Staff's proposal requested the use of the decorative two -wall
design without a landscape component in the place of a single wall design with
landscaping for the length of the project area, with the exception of a small
Staff Report
Ratify Design Agreement and Conceptual Design for the Fred Waring Drive
Soundwall between California Avenue and Elkhorn Trial.
Page 2of3
April 14, 2005
section east of Tennessee Avenue. The aforementioned section of the project
east of Tennessee Avenue will be landscaped.
Due to the restricted right-of-way and grade differential between the street and
the existing houses, both retaining wall and sound wall are required. If the
retaining wall and soundwall were combined as one, it would result in
approximately a single 12-foot wall, from the street side, spanning a length of
several thousand feet. This would not present an aesthetically pleasing
appearance. The restrictive right-of-way would also result in a very narrow
landscape area of approximately 3 feet with close proximity to the traffic. Such a
narrow landscape area is not likely to produce successful plants, and all
maintenance would require lane closures which is a safety concern on a street
like Fred Waring Drive. Therefore, staff developed the dual -wall concept which
provides for alternative aesthetic treatments without the need for landscaping.
The dual -wall concept includes a 4- to 5-foot high retaining wall approximately 18
inches behind the curb, plus a 6- to 12-foot tall soundwall at 36 inches behind the
curb. The area between the curb and the retaining wall, as well as the area
between the retaining wall and the soundwall, will be backfilled with decomposed
granite and treated to prevent weed growth.
Staff was directed to bring the developed design back to the Landscape
Beautification Committee and then to the City Council for approval.
Request for Proposals were properly noticed, with only one firm submitting,
David Volz Design, of La Quinta, California.
As the commencement of Phase II for the street improvement project being
constructed in conjunction with the City of Indian Wells is rapidly approaching
(bid period is May -June, award in July), the design of the soundwall is a critical
path item. It is the recommendation of staff that the construction of the soundwall
precede the street improvements in an effort to minimize the inconvenience to
the community.
The aesthetic design is necessary for the structural engineer to incorporate into
the specifications. A delay in the aesthetic design agreement would hinder the
progress of the structural design, making the construction of the soundwall prior
to the commencement of the street improvement uncertain.
Due to the time constraints staff requested the City Manager execute the
Agreement.
G:IPubWorks\Staff ReportsQOMApril 14lRatify Aethestic Design Agreement Fred Waring Soundwall 654-0i.doc
Staff Report
Ratify Design Agreement and Conceptual Design for the Fred Waring Drive
Soundwall between California Avenue and Elkhorn Trial.
Page 3 of 3
April 14, 2005
The Landscape Beautification Committee approved the attached conceptual
design drawing on April 6, 2005. Actual material samples will be available for
Council to view at the April 14 City Council meeting.
Funds are available in the project account.
Therefore, staff recommends that City Council, by minute motion, ratify the
Design Agreement with David Volz Design, in the amount of $10,000.00, set
aside a 10% contingency, and approve the conceptual design for the Fred
Waring Drive Soundwall between California Avenue and Elkhorn Trail.
Submitted By:
c-
i
Mark Greenwood, P.E.
City Engineer
Approval: A
Department Head:
t =ate ✓ �_
Michael Errante, P.E.
Director of Public Works
Homer Cr
ACM for Dev o ment Services
Carlos Ortega
City Manager
Paul Gibson
Finance Director
G:\PubWorks\Staff Reports\2005\Apni 14\Ratify Aelhestic Design Agreement Fred Waring Soundwall 654.01.doc
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
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To: Carlos L. Ortega, City Manager A
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From: H. Spencer Knight, Landscape Manager-16
1
Date: March 28, 2005
Subject: Aesthetic Design Contract for the Soundwall between California
Avenue and Elkhorn Trail
On February 10, 2005, a two -wall concept was presented to City Council for the
soundwall design along Fred Waring Drive between California Avenue and Elkhorn
Trail. Staff's proposal requested the use of the decorative two -wall design without a
landscape component in the place of a single wall design with landscaping for the
length of the project area, with the exception a small section east of Tennessee Avenue.
The aforementioned section of the project east of Tennessee Avenue will be
landscaped.
Staff was directed to bring the developed design back to the Landscape Beautification
Committee and then to the City Council for approval. Request for Proposals were
properly noticed, with only one firm submitting, David Volz Design.
As the construction of the street improvements is rapidly approaching, (bid period is
May -June, award in July) the design of the soundwall is becoming paramount. It is the
recommendation of staff that the construction of the soundwall precede the street
improvements in an effort to minimize the inconvenience to the community.
The next opportunity for City Council to approve an agreement for the aesthetic design
is April 14, 2005. The aesthetic design is necessary for the structural engineer to
incorporate into the specifications. A delay in the aesthetic design agreement would
hinder the progress of the structural design, making the construction of the soundwall
prior to the commencement of the street improvement uncertain.
As there was only one responder and the Agreement in question is within the limit of
your discretionary power, (Agreement not to exceed $10,000.) 1 would ask that you
execute the Agreement with David Volz, so we may proceed. Funds are available in the
project account.
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It is staff's intention to have this agreement ratified by City Council on April 14, 2005.
Should you have any questions or require any additional information, please feel free to
contact me so I may be of assistance.
H. SpekcerVht
La ,lds pe , n ger
Mi ;fuel rrar t ,
DNector Put , Works
Services
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CONTRACT NO. c23670
AGREEMENT
THIS AGREEMENT, made and entered into this 28Id day of March,
2005, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY" and David Volz Desian, hereinafter referred to as
"LANDSCAPE ARCHITECT".
WITNESSETH:
WHEREAS, LANDSCAPE ARCHITECT is a corporation, the principal members
of which are Professional LANDSCAPE ARCHITECTS duly registered under the laws
of the State of California; and
WHEREAS, CITY desires to engage LANDSCAPE ARCHITECT to render
certain technical and professional LANDSCAPE ARCHITECT services as set forth in
Exhibit "A" (LANDSCAPE ARCHITECT's Proposal of Services) in connection with the
design of Proiect: Fred Warinq Drive Widening Soundwall between California
Avenue and Elkhorn Trail.
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage LANDSCAPE ARCHITECT to
perform the technical and/or professional services as hereinafter set forth.
(2) LANDSCAPE ARCHITECT shall perform all work necessary within
the schedules provided herein to complete the services set forth in Exhibit "A" attached
hereto and by reference incorporated herein and made a part hereof.
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CONTRACT NO. C23670
(3) All information, data, reports and records and maps as are existing
and available from the CITY and necessary for the carryings out of the work outlined in
Exhibit "A" hereof shall be furnished to LANDSCAPE ARCHITECT without charge by
CITY and CITY shall cooperate in every way reasonable in the carrying out of the work
without delay.
(4) LANDSCAPE ARCHITECT represents that, it employs or will
employ at its own expense, all personnel required in performing the services under this
Agreement.
(5) All of the services required hereunder will be performed by
LANDSCAPE ARCHITECT or under its direct supervision, and all personnel engaged
in the work shall be qualified and shall be authorized or permitted under state and local
law to perform such services.
(6) The execution of this Agreement by the parties hereto does not
constitute an authorization to proceed. CITY's Director of Public Works has not
authorized LANDSCAPE ARCHITECT to proceed.
(7) The LANDSCAPE ARCHITECT shall work closely with the CITY's
Director of Public Works, or his designated representative, who
shall be the principal officer of the CITY. The LANDSCAPE
ARCHITECT shall review and receive the Director of Public Works
approval of the details of work as it progresses. The Registered
Civil LANDSCAPE ARCHITECT hereby designated by the
LANDSCAPE ARCHITECT as its representative for supervision of
the work required by this Agreement is Gary Vaszuez LA#3883.
2
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CONTRACT NO. C23670
(8) The LANDSCAPE ARCHITECT warrants that he has not employed
or retained any company or person, other than a bona fide employee working solely for
the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the
consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the right to annul this
Agreement without liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
(9) The right is reserved by the CITY to terminate the Agreement at
any time upon seven (7) days written notice, in the event the project is to be abandoned
or indefinitely postponed, or in the event the LANDSCAPE ARCHITECT'S services, in
the sole judgment of CITY, are unsatisfactory or because of the LANDSCAPE
ARCHITECT'S failure to prosecute the work with diligence or within the time limits
specified or because of his disability or death. In any such case, the LANDSCAPE
ARCHITECT shall be paid the reasonable value of the services rendered, based upon
LANDSCAPE ARCHITECT'S standard hourly rates, up to the time of the termination.
The LANDSCAPE ARCHITECT shall keep adequate records to substantiate costs and
provide copies of original timecards in the event of termination or suspension.
(10) All documents including tracings, drawings, estimates, reports,
investigations and computations shall be delivered to and become the property of the
CITY. CITY acknowledges and agrees that all plans, specifications, reports and other
3
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CONTRACT NO. c23670
design documents prepared by LANDSCAPE ARCHITECT pursuant to this agreement
shall be used exclusively on this project and shall not be used for any other work
without the written consent of LANDSCAPE ARCHITECT. In the event CITY and
LANDSCAPE ARCHITECT permit the re -use or other use of the plans, specifications,
reports or other design documents, CITY shall require the party using them to indemnify
and hold harmless CITY and LANDSCAPE ARCHITECT regarding such re -use or other
use, and CITY shall require the party using them to eliminate any and all references to
LANDSCAPE ARCHITECT from the plans, specifications, reports and other design
documents.
(11) The LANDSCAPE ARCHITECT shall comply with all federal, state
and local laws, ordinances and regulations applicable to work.
(12) No change in the character or extent of the work to be performed
by the LANDSCAPE ARCHITECT shall be made except by supplemental authority in
writing between CITY and the LANDSCAPE ARCHITECT. The supplemental authority
shall set forth the changes of work, extension of time and adjustment of the fee to be
paid by CITY to the LANDSCAPE ARCHITECT, if any.
(13) In connection with the execution of this Agreement, the
LANDSCAPE ARCHITECT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin. The LANDSCAPE
ARCHITECT shall take affirmative actions to insure equal employment opportunity and
that employees are treated during their employment without regard to their race,
religion, color, sex or national origin. Such actions shall include, but not limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
4
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CONTRACT NO. C23670
advertising; layoff or termination; rates of pay, or other forms of compensation and
selection for training, including apprenticeship. This clause shall be included in each
related subcontract, if any, awarded by the LANDSCAPE ARCHITECT.
(14) The CITY agrees to pay the LANDSCAPE ARCHITECT for the
work required by this Agreement on the following basis:
LANDSCAPE ARCHITECT shall submit invoices monthly for services
performed in the previous month not to exceed the total contract amount of: NOT TO
EXCEED$10,000.00 (TEN THOUSAND Dollars: N000/100 ONLY). CITY agrees to
pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to
notify LANDSCAPE ARCHITECT of disputed invoices within fifteen (15) days of receipt
of said invoice.
(15) The LANDSCAPE ARCHITECT agrees to complete the work and
submit the Final Design LANDSCAPE ARCHITECT phase as displayed in Exhibit "A".
(16) In the event that any judgment is entered in any action upon this
Agreement, the party hereto against whom such judgment is rendered agrees to pay the
other party an amount equal to the reasonable value of the legal services performed in
his or its behalf in such action and that such amount may be added to and made a part
of such judgment.
(17) This Agreement shall be binding on the successors and assigns of
the parties, but it shall not be assigned by the LANDSCAPE ARCHITECT without
written consent of the CITY.
(18) The LANDSCAPE ARCHITECT shall be an independent
contractor, not an employee of the CITY.
5
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CONTRACT NO. C23670
(19) Prohibited interests are as follows:
No officer, member or employee of the CITY during his tenure or one year
thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof. The parties hereto covenant and agree that to their knowledge no member of
the City Council, officer or employee of the CITY has any interest, whether contractual,
non -contractual, financial or otherwise, in this transaction, or in business of the
contracting party other than the CITY, and that if any such interest comes to the
knowledge of either party at any time a full and complete disclosure of all such
information will be made in writing to the other party or parties, even if such interest
would not be considered a conflict of interest under applicable laws.
The LANDSCAPE ARCHITECT hereby covenants that he has, at the time
of this Agreement, no interest, and that he shall not acquire any interest in the future,
direct or indirect, which would conflict in any manner or degree with the performance of
services required to be performed pursuant to this Agreement. The LANDSCAPE
ARCHITECT further covenants that in the performance of this work no person having
any such interest shall be employed by the LANDSCAPE ARCHITECT.
(20) The LANDSCAPE ARCHITECT shall indemnify and save harmless
the CITY, its officers and employees from and against any liability, loss, cost or expense
resulting from any injury or damage to persons or property caused by the negligent acts
or omission of the LANDSCAPE ARCHITECT, its agents or employees, while engaged
in the performance of this Agreement. The LANDSCAPE ARCHITECT shall submit to
CITY, prior to the Notice to Proceed is issued, certification of adequate coverage for
6
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CONTRACT NO. C23670
"errors and omission" insurance in amounts approved by the City Attorney. Any such
insurance shall not be canceled prior to written notice to and approval from the CITY.
(21) In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement;
(c) Exhibit "A" (LANDSCAPE ARCHITECT'S Proposal of
Services, and any written modifications thereto).
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT
Municipal Corporation
Carlos L. Ortega ty Manager
Date: 3 —30 -v i"
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Michael Errante, P.E.
Director Of Public Works
David J. Erwin, City Attorney
David Volz Design
Authorized Signature
Date:
7
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CONTRACT NO. C23670
EXHIBIT "A"
LANDSCAPE ARCHITECT'S PROPOSAL
OF
SERVICES
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Contract No. C23670
March 8, 2005
Mr. H. Spencer Knight
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92660
RE: PROPOSAL — FRED WARING DRIVE WALL ENHACEMENT PROJECT
Dear Mr. Knight,
Thank you for the opportunity to propose on the wall enhancement project along Fred Waring
Drive from California Drive to Entrada Las Brisas. Having been involved in the early
discussions about this project I have a good understanding of the services required to keep this
project moving forward and on schedule and I am aware of the aesthetic intent the City would
like to offer it's residents.
SCOPE OF WORK
In your efforts to evaluate and finalize a wall design concept, David Volz Design (DVD)
generated two (2) wall design concepts, one (1) revised wall concept and preliminary wall
estimates. After further review and discussion of these concepts I propose the following tasks to
finalize a wall concept.
1. Develop three (3) additional wall design concepts.
1 a. Wall Design A- Explore the use of 6" CMU block with a 2" color veneer
lb. Wall Design B-Explore the use of 8" CMU block with various textures to
achieve a "mountain -type" pattern.
1 c. Wall Design C-Same and `B", but limit "mountain -type" pattern
2. Provide cost estimates for each wall concept.
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Contract No. C23670
I anticipate that two (2) review meeting will be required to satisfy the above scope. Deliverables
will include 11 "x 17" colored renderings of each concept, and electronic files for power point
presentations.
PROFESSIONAL FEES
David Volz Design proposes the following fees to provide the wall design concepts.
To prepare the initial (3) wall design concepts & estimates: $5000
Prepare (3) new wall design concepts & estimates: $5000
Total Project Fees: $10,000
DESIGN ASSISTANCE - CONSTRUCTION DRAWING PHASE
David Volz Design anticipates working closely with the City's Structural Engineer to provide
design assistance to control wall's aesthetics. Following the approval of a final wall design
concept, DVD will be able to better gauge our efforts and fees for any portion.
SCHEDULE
Our proposed services will be schedule for completion approximately 2 weeks from your notice
to proceed.
Thank you again for allowing me to prepare this proposal. I look forward to working with you
and staff to finalize a wall concept.
Very truly yours,
DAVID VOLZ DESIGN
Gary Vasquez
Landscape Architect #3883
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