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HomeMy WebLinkAboutC23480 Hartzog & Crabill Consulting Engineering - Design of Traffic Signal Modification at San Pascual and Fred Waring 566-05L CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C 23480 to Hartzog & Crabill Consulting Engineers, for the design of the Traffic Signal Modification at San Pascual Avenue and Fred Waring Drive (Project #566-05) SUBMITTED BY: Mark Greenwood, P.E. City Engineer APPLICANT: Hartzog & Crabill Consulting Engineers 275 Centennial Way, Suite 208 Tustin, California 92780 DATE: February 24, 2005 CONTENTS: Agreement Vicinity Map Recommendation: By Minute Motion: 1. Award contract No. C23480 to Hartzog & Crabill, of Tustin, California, in the amount of $10,200.00, for the design of the Traffic Signal Modification at San Pascual Avenue and Fred Waring Drive (566-05). 2. Set aside a 10% contingency for said agreement. 3. Authorize the Mayor to execute the same. Discussion: It has become necessary to modify this signal from a pedestrian operation (triggered by pedestrian activity at San Pascual Avenue crossing Fred Waring Drive) to a six -phase signal full vehicle actuation (triggered by traffic flow both at San Pascual Avenue and Fred Waring Drive). Staff Report Page 2 of 2 February 24, 2005 Proposals were received form the following firms: Kimley-Horn Lin Consulting, Inc. Hartzog & Crabill, Inc. David Evans and Associates Katz, Okitsu & Associates DKS Associates Riverside, California Diamond Bar, California Tustin, California Palm Desert, California San Bernardino, California Irvine, California Contract No. C23480 After careful review of proposals, and considering the qualifications of each firm as it relates to the project at hand, staff is recommending the contract be awarded to Hartzog & Crabill, of Tustin, California. Upon selection of the firm, Hartzog & Crabill's cost proposal was also reviewed and staff is confident in the value being received. Funds are available for this project in account No. 400-4565-433-4001. Therefore, staff recommends that City Council by minute motion, award contract No. C to Hartzog & Crabill, of Tustin, California, in the amount of $10,200.00, for the Traffic Signal Modification at San Pascual Avenue and Fred Waring Drive, and set aside a 10% contingency to said agreement. Submitted By: Mark Greenwood, P.E. City Engineer Approva A M for D- - •pment Services 1 City Manag /cls Department Head: Michael Errante, P.E. Director of Public Works Finance Director G:1PubWorks\StafReports120051February 241Award Contract Hartzog & Crabill.dot CONTRACT NO. C23480 AGREEMENT THIS AGREEMENT, made and entered into this 24th day of February, 2005, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and Hartzog & Crabill, Consulting Engineers, hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, ENGINEER is a corporation, the principal members of which are Professional ENGINEERS duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage ENGINEER to render certain technical and professional engineering services as set forth in Exhibit "A" (Engineer's Proposal of Services) in connection with the design of Traffic Signal Modification at San Pascual Avenue and Fred Waring Drive (Project 566-05) NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage ENGINEER to perform the technical and/or professional services as hereinafter set forth. (2) ENGINEER 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. G:\PubWorks\Staff Reports\2005\February 24\Attachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc CONTRACT NO. C23480 (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 ENGINEER without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) ENGINEER 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 ENGINEER 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 ENGINEER to proceed. (7) The ENGINEER 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 ENGINEER shall review and receive the Director of Public Works approval of the details of work as it progresses. The Registered Civil Engineer hereby designated by the ENGINEER as its representative for supervision of the work required by this Agreement is Trammell Hartzog. (8) The ENGINEER 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, 2 G:\PubWorks\Staff Reports\2005\February 241Attachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc CONTRACT NO. C23480 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 ENGINEER's services, in the sole judgment of CITY, are unsatisfactory or because of the ENGINEER'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 ENGINEER shall be paid the reasonable value of the services rendered, based upon ENGINEER's standard hourly rates, up to the time of the termination. The ENGINEER 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 design documents prepared by ENGINEER 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 ENGINEER. In the event CITY and ENGINEER permit the re -use or other use of the plans, specifications, reports or other design documents, CITY shall require 3 G:\PubWorks\Staff Reports\2005\February 24\Attachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc CONTRACT NO. C23480 the party using them to indemnify and hold harmless CITY and ENGINEER regarding such re -use or other use, and CITY shall require the party using them to eliminate any and all references to ENGINEER from the plans, specifications, reports and other design documents. (11) The ENGINEER 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 ENGINEER shall be made except by supplemental authority in writing between CITY and the ENGINEER. 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 ENGINEER, if any. (13) In connection with the execution of this Agreement, the ENGINEER shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The ENGINEER 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 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 ENGINEER. (14) The CITY agrees to pay the ENGINEER for the work required by this Agreement on the following basis: 4 G:\PubWorks\Staff Reports\2005\February 24'Attachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc CONTRACT NO. C23480 ENGINEER shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: $10,200.00 (Ten Thousand Two Hundred Dollars and 00/100 ONLY). CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify ENGINEER of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The ENGINEER agrees to complete the work and submit the Final Design engineering 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 ENGINEER without written consent of the CITY. (18) The ENGINEER shall be an independent contractor, not an employee of the CITY. (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 5 G:\PubWorks\Staff Reports \2005\February 24Wttachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc CONTRACT NO. C23480 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 ENGINEER 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 ENGINEER further covenants that in the performance of this work no person having any such interest shall be employed by the ENGINEER. (20) The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any liability, Toss, cost or expense resulting from any injury or damage to persons or property caused by the negligent acts or omission of the ENGINEER, its agents or employees, while engaged in the performance of this Agreement. The ENGINEER shall submit to CITY, prior to the Notice to Proceed is issued, certification of adequate coverage for "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" (Engineer's Proposal of Services, and any written modifications thereto). 6 G:\PubWorks\Staff Reports\2005\February 24\Attachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc CONTRACT NO. C23480 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT Hartzog & Grabill, Consulting Engineers Municipal Corporation Buford A. Crites, Mayor Authorized Signature Date: Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Michael Errante, P.E. Director Of Public Works David J. Erwin, City Attorney 7 G:\PubWorks\Staff Reports\2005\February 24\Attachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc CONTRACT NO. C23480 EXHIBIT "A" ENGINEER'S PROPOSAL OF SERVICES G:\PubWorks\Staff Reports\2005\February 24\Attachments\DESIGN AGREEMENT -San Pascual and Fred Waring.doc SUBJECT: PROPOSAL TO PROVIDE PROFFESSIONAL ENGINEERING AND DESIGN SERVICES TO PROVIDE PS&E FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT FRED WARING DRIVE AND SAN PASCUAL AVENUE, PROJECT NO. 566-05 PROFESSIONAL FEES HCI is proposing a total not -to -exceed fixed fee cost of $10,200.00 to complete all the tasks described in our work proposal for the signal modification project. A cost breakdown is provided below: Task Description Fee 1 Pre -Design Conference $ 500.00 2 Field Review $ 500.00 3 Utility Coordination $ 200.00 4 Preliminary Design — Fred Waring/San Pascual $ 8,400.00 - Includes 90% Specs, Signal, Street & Signing/Striping Plans 5 Specifications — Special Provisions $ 300.00 6 Final Design - Fred Waring/San Pascual $ 300.00 - Includes 100% Specs, Signal, Street & Signing/Striping PS&E Project Total: $10,200.00 Additional fees such as attendance at a City Council meeting, or any activities outside our proposed Scope of Work will be invoiced on a time -and -materials basis per our current fee schedule. Invoicing for any additional work above -and -beyond what is detailed in the tasks of our Scope of Work may typically include hours for a Principal and Associate Engineer, as well as a Senior Designer. Attached is our Schedule of Hourly Rates for your reference. Hartzog & Crabill Consulting Engineers Schedule of Hourly Rates Classification Hourly Rates Expert Witness / Deposition $240 Litigation Consultation $215 Two -Person Survey Crew $200 Litigation Field Evaluation $185 Principal Consultant $135 Registered Land Surveyor $125 Senior Engineer $115 Associate $105 Mural Artist $100 Senior Designer / Cadd $ 95 Traffic Signal Systems Specialist $ 90 Draftsperson / Cadd $ 80 Technician $ 65 Word Processor $ 50 Clerical $ 40 Out of pocket expenses (blueprinting, reproduction, and printing) will be invoiced at cost plus 15%. A 15% fee for administration, coordination and handling will be added to subcontracted services. Mileage will be invoiced at $0.43 per mile. Scheduled overtime will be performed at 125%. This Schedule of Hourly Rates is effective as of July 1, 2004. Rates may be adjusted after that date to compensate for increases of inflationary trends. 275 Centennial Way, Suite 208, • Tustin, CA 92780 • (714) 731-9455 FLJLS FRED SANTA La. ,ttthnttott,,, P APJ ,civrr e ER tuttmtc.ct,--4,-44t., nR CPD PUBLIC WORKS C \DWGS \Miss Exhibits \FW at San Pascual Vin Map dwl 02/11/05 11:14 b MikcSSM 1 54 Z 1 R 1-1-1 11.41, lz.:*,."*.•‘‘,.- RING N. s CATA LINA ROT E A DATE. FEB. 2005 TRAFFIC SIGNAL MODIFICATION FRED WARING DR. AT SAN PASCUAL AVE. VICINITY MAP SCALE NONE By. MSD SHEET NO. 1 DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT