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Home My WebLink AboutC23530 Union Pacific Railroad - Sound Study Along Tamarisk Row DriveXNi REQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C23530 to Medlin & Associates to Conduct a Sound Study Along Tamarisk Row Drive, Between the Union Pacific Railroad and the Adjacent Residential properties. Martin Alvarez, Senior Management Analyst Medlin & Associates P.O. Box 130941 Carlsbad, CA 92013-0941 March 10, 2005 Agreement Vicinity Map Recommendation: By Minute Motion: 1. Award Contract No. C23530 to Medlin & Associates, Carlsbad, California, in the amount of $3,750.00 to provide a Sound Study along Tamarisk Row Drive, between the Union Pacific Railroad and adjacent residential properties. 2. Approve a 10% contingency in the amount of $375.00. 3. Authorize the Mayor to execute the agreement. Discussion: On December 9, 2004, the City Council authorized staff to hire a noise consultant to prepare a sound study to measure the noise levels associated with the Union Pacific Railroad and Interstate 10. On February 1, 2005, staff received qualifications and proposals to conduct decibel readings at four locations along a one -mile stretch along Tamarisk Row Drive between the Union Pacific Railroad (UPR) and Regency Palms/Palm Valley Country Club (see attached map). The study will provide the City with baseline decibel readings of the existing noise, and recommendations to mitigate sound levels if they are found to exceed noise standards. This information will be G:\DevServices\Martin Alvarez\Word Files\2005 SR\Soundstudy sr - Medlin.doc Staff Report - Award Contract for Sound Study -Medlin & Associates Page 2 of 2 March 10, 2005 used to compare the impacts if a second set of railroad tracks are added in this area. The following firms responded to the request for proposals: Consultant City Proposal Cost Medlin & Associates Carlsbad, CA $3,700.00 Urban Crossroads Irvine, CA $4,900.00 After careful review of their qualifications, staff selected Medlin & Associates of Carlsbad, California. Funds for this work are budgeted in Account No. 110-4260- 422-3090. Therefore, staff recommends that City Council award a contract to Medlin & Associates to provide a sound study in the amount of $3,750.00, plus a 10% contingency, and authorize the Mayor to execute the agreement. Submitted B artin Alvarez enior Management Analyst Approval: AIZT. Carlos Ortega City Manager Paul Gibson Finance Director ma Department He-d: Homer Croy ACM for Deve ent Services • G:IDevServices\Martin Alvarez\Word Files12005 SRISoundstudy sr - Medlin.doc AGREEMENT BY A FOR PROFIT COMPANY TO PROVIDE SERVICES TO THE CITY OF PALM DESERT Contract No. C23530 Fiscal Year 2004-2005 THIS AGREEMENT is made and entered into the City of Palm Desert on this day of March, 2005, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and MEDLIN & ASSOCIATES (Carlsbad, CA), referred to as "CONSULTANT". WITNESSETH: WHEREAS, on December 2004, the CITY invited bids for acoustical consulting services within the City limits per specifications; and WHEREAS, pursuant to said invitation, CONSULTANT submitted a proposal, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be 60 days from the Notice to Proceed, or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONSULTANT shall receive in full compensation, therefore the total sum THREE THOUSAND, SEVEN HUNDRED FIFTY DOLLARS ($3,750.00) as set forth in the Contract Documents and Proposal adopted by the CITY. (3) CONSULTANT'S OBLIGATION For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONSULTANT agrees with CITY to furnish acoustical services and to do everything required by this Agreement and the Specific Terms and Conditions of the proposal submitted. (4) HOLD HARMLESS AND INDEMNIFICATION. CONSULTANT agrees to defend, indemnify, and hold harmless The City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any negligent act or omission of CONSULTANT, his agents, employees, subcontractors and employees thereof in connection with, the performance or non- performance of this Agreement. The CONSULTANT shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of CONTRACT NO. C23530 Palm Desert, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONSULTANT and approved by the City Council of the CITY. (6) TERMINATION. If, during the term of this Agreement, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform; which notice must give CONSULTANT a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONSULTANT fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to CONSULTANT to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of CONSULTANT's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONSULTANT shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY's Notice of Termination, minus any offset from such payment representing the CITY's damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONSULTANT be entitled to receive in excess of the compensation quoted in its bid. (7) The City Council may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE. The Notice Inviting Proposals; Proposal submitted by CONSULTANT; General Terms and Conditions; Specific Terms and Conditions; and CITY issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, CONSULTANT agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of G:\DevServices\Martin Alvarez\Word Files\Sound Study\AGREEMENT Medlin.doc CONTRACT NO. C23530 any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONSULTANT in preparing its statements to CITY as a condition precedent to any payment to CONSULTANT. (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONSULTANT do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. G:\DevServices\Martin Alvarez\Word Files\Sound Study\AGREEMENT Medlin.doc CONTRACT NO. C23530 IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONSULTANT: {CONSULTANT} By: Attest By: Signature to be notarized Title: Title: OWNER: CITY OF PALM DESERT By: Attest By: Title: Mayor of Palm Desert. California Title: City Clerk of Palm Desert APPROVED AS TO CONTENT: DAVID J. ERWIN, CITY ATTORNEY G:\DevServices\Martin Alvarez\Word Files\Sound Study\AGREEMENT Medlin.doc CONTRACT NO. C23530 ATTACHMENT MEDLIN AND ASSOCIATES QUALIFICATIONS AND PROPOSAL G:\DevServices\Martin Alvarez\Word Files\Sound Study\AGREEMENT Medlin.doc CONTRACT NO. C23530 State of California } } SS. County of } On , 20 , before me, a Notary Public, personally appeared , personally known to me (or 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. WITNESS my hand and official seal. Signature (Seal) -OPTIONAL- DESCRIPTION OF ATTACHED DOCUMENT: (TITLE OR TYPE OF DOCUMENT) (NUMBER OF PAGES) (DATE OF DOCUMENT) (SIGNERS OTHER THAN NAMED ABOVE) Right Thumbprint of Signer G:\DevServices\Martin Alvarez\Word Files\Sound Study\AGREEMENT Medlin.doc Mfg Ur I "ao"U ' _ -x --- G�)r9t7Ci City of Palm Desert Sound Study Area 0 RI 1 REGENCY ESTATES EFFIEP) A W E Feet 800