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HomeMy WebLinkAboutC23900 Moffatt & Nichol Engineers - Design Monterey Ave Bridge Joint Expansion Repair 634-05v I I ry\ CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. c23900 for the Design of the Monterey Avenue Bridge Joint Expansion Repair (Project No. 643-05) SUBMITTED BY: Mark Greenwood, P.E. City Engineer APPLICANT: Moffatt & Nichol Engineers 220 Commerce, Suite 250 Irvine, California 92602 DATE: CONTENTS Recommendation: June 28, 2005 Agreement Vicinity Map By Minute Motion: 1. Award Contract No. c23900 to Moffatt & Nichol, of Irvine, California, in the amount of $19,948.00, plus a 10% contingency, for the Monterey Avenue Bridge over the Whitewater Channel Expansion Joint Repair. 2. Authorize the mayor to execute the same. Discussion: During the Citywide routine bridge inspection, both the north and south sides of the bridge over the Whitewater Channel on Monterey Avenue were found to be in need of maintenance. Staff carefully considered the possible solutions to mitigate the excessive gap at the bridge expansion joints and found they were in need of replacement. A Notice Inviting Proposal was advertised, as well as staff soliciting proposals from the professional community. Award Contract No.c23900 for the Monterey Avenue Expansion Joint Repair 643-05 Page 2 of 3 June 23, 2005 The responses were as follows: Moffatt & Nichol Engineers NAI, Inc. Irvine, California $19,948.00 Cathedral City, California declined to propose Moffatt & Nichol Engineers were the original design engineers of the Monterey Avenue Bridge. Staff is confident in the ability and knowledge base of this firm. Funds are available in the Public Works Professional Services account 110- 4300-433-3010. Therefore, staff recommends that City Council, by minute motion, award Contract No. c23900 to Moffatt & Nichol Engineers, of Irvine, California in the amount of $19,948.00, plus a 10% contingency, for the Monterey Avenue Bridge over the Whitewater Channel Expansion Joint Repair, and authorize the Mayor to execute the same. Submitted By: 4 Mark GreenVood, P.E. City Engineer Approval: AC for D e ment Services City Manager Department Head: Michael Errante, P.E. Director of Public Works r-u Finance Director G*kPubWOrks1PROJECT&643-05 Monterey Avenue Bridge over the VYhdewater ImprovementsiStar7Reports',Award Design Contract.doc CONTRACT NO. c23900 AGREEMENT THIS AGREEMENT, made and entered into this 23 day of June, 2005, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and Moffatt & Nichol Enqineers, 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 Proiect: Monterev Avenue Bridge over the Whitewater Channel Expansion Joint Repair (Project 643-05) 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\PROJECTS\643-05 Monterey Avenue Bridge over the Whitewater Improvemenls\AgreementsTESIGN AGREEMENT.doc CONTRACT NO.c23900 (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. authorized ENGINEER to proceed. CITY's Director of Public Works has not (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 Allen Elv, P.E. R.C.E. No. 18880. (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\PROJECTS1643-05 Monterey Avenue Bridge over the White,vater ImprovementslAgreementstDESIGN AGREEMENT.doc CONTRACT NO. C23900 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\PROJECTS\643-05 Monterey Avenue Bridge over the Whitewater ImprovemenWAgreementsTESIGN AGREEMENT.doc CONTRACT NO. c23900 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:TubWorks%PROJECTS1643-05 Monterey Avenue Bridge over the Whitewater ImprovementsWgreements\DESIGN AGREEMENT.doc CONTRACT NO. C23900 ENGINEER shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: $19.948.00 (Nineteen Thousand Nine Hundred Fortv-Eight Dollars:00/100 ONLY1. 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\PROJECTS\643-05 Monterey Avenue Bridge over the Whitewater ImprovementsWgreementsOESIGN AGREEMENT.doc CONTRACT NO. C23900 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, loss, 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\PROJECTS\643-05 Monterey Avenue Bridge over the Whitewater Improvements\AgreementsTESIGN AGREEMENT.doc CONTRACT NO. c23900 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT Municipal Corporation Buford A. Crites, Mayor Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Michael Errante, P.E. Director Of Public Works David J. Erwin, City Attorney Moffatt & Nichol Engineers Authorized Signature Date: 7 GAPubWorks\PR0JECTS\643-05 Monterey Avenue Bridge over the WNtewater ImprovennentslAgreennents\DESIGN AGREEMENT.doc CONTRACT NO. C23900 EXHIBIT "Al ENGINEER'S PROPOSAL OF SERVICES G:1PubWorks\PROJECTS1643-05 Monterey Avenue Bridge over the Whitewater Improvements\Agreements\DESIGN AGREEMENT.doc 90011/6/9 eif?cpalmud C)O LO ri 41 1 MUT I LSOD )fsv-L 7V.LO-L u 03 �4 41 r. lot OT jejolqns 0 (*319 'auoqdi3jaL 'adelsod) suqijeaiunwwoj 0 (al'uV906 @ s0l'W OOS) I-eJI Pue SaID)49A AIGAYOG wipnpoided SIS03 13381(7 89HIO 00 o0cs 000f 00099,9t 00*0T oo*os I 000s 00 osq,kts 00940,4T 0 0 *C)T sjso3"jejojqnS Nsel z t 0 9 6P,' 0 0 oz 8 0 Ysel or 0 6,T-- - —0- os o OT br— - —0 bs— b 99�96s- 969 —i— —99Z LE spqao iieded jeaS jutor —kc —P _F90'6t PZ SGION PWL' veld Q515ug 'F-qS aiiii m -- 5-d GiLzd d 0 —0 os 0 -00-W OTEM -ooscks 00 p6T 00/cts oozSts 00.99; t 00-124S 00061s -J"24 Isoo jOqe7 SJH-)oqe-I josseowd Govo uelaiuqoe.L iaaul5u3 11 /it jaeul6ug Jabeuepv JWU!6u3 'ON )jsejqnS )IsLIqnS PJOM javeia jqfuas 013 Jeaul6U3 -1-15u3 dqluas I-fWd je*)uud uq'i-wisswo u0pitwsaa -Vse)q"S 4sel )Isei NOGV7.03810 jeaS ju.iol-lo pawaaeldad -.g'RSd :uo!jd�uoseQpafibjcj gooclod ON POWd P9-9aG Wled )0 40 IN3no 90041619 . ejea leaiwqn,, idno drIj)!.iH any KaiajuojV iogrodd jesod0Jd 383 10HOIN 7 JAVdd0W 1J