HomeMy WebLinkAboutC23670A David Volz Design - Fred Waring Drive Soundwall 654-01REQUEST:
-VC-6
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract No. C23670A for Landscape Architecture
Construction Documents to David Volz Design for Fred
Waring Drive Widening Soundwall (Project 654-01)
SUBMITTED BY: Mark Greenwood, P.E.
City Engineer
APPLICANT: David Volz Design
17060 Bushard Street, Suite 300
Fountain Valley, California 92708
DATE: May 26, 2005
CONTENTS: Agreement
Conceptual Drawing
Vicinity Map
Recommendation:
By minute Motion:
1. Award Contract No. C23670A for Landscape Architecture
Construction Documents to David Volz Design, of Fountain
Valley, California, for Fred Waring Drive Widening Soundwall
Aesthetic Treatment, in the amount of $33,300.00 plus a 10%
contingency. (Project 654-01)
2. Authorize the Mayor to execute the same.
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. Staffs 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
section east of Tennessee Avenue.
Staff Report
Award Contract No.c2367oA for Landscape Architecture Documents for Fred
Waring Drive Soundwall (Project 654-01)
Page 2 of 2
May 26, 2005
On April 14, 2005, staff presented conceptual drawings from David Volz Design
to City Council for approval. The attached selection represents the direction staff
was given.
The attached proposal from David Volz Design represents the cost of taking the
conceptual drawing and providing construction documents, including technical
specifications and plans for inclusion of the design in the wall construction plans.
It also includes the task of assisting during the bid in addressing Requests for
Information and/or Request for Clarifications as well as field reviews during the
construction period.
Funds are available in the project account.
Therefore, staff recommends that City Council Award Contract No. C23670A for
Landscape Architecture Construction Documents to David Volz Design, of
Fountain Valley, California, for Fred Waring Drive Widening Soundwall between
California Avenue and Elkhorn Trail (Project 654-01), in the amount of
$33,300.00 plus a 10% contingency, and authorizes the Mayor to execute the
same.
Submitted By;
Mark Greenwood, P.E.
City Engineer
Approva
ACM for Cfge ment Services
City Manager
/cls
Department Head:
Michael Errante, P.E.
Director of Public Works
Finance Director
G:1PubWorksIPROJECTS1654-011Stat1 ReportslApprove Construction Documents for David Volz doc
CONTRACT NO.c2367oa
AGREEMENT
THIS AGREEMENT, made and entered into this 26t" day of May, 2005, by and
between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to
as "CITY" and David Volz Desiqn, 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: Construction Documents for the
Aesthetic Treatment of the Fred Warinq Drive WideninQ Soundwall.
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.
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CONTRACT NO. c236�oa
(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 David J. Volz, L.A. No. 2375.
(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
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CONTRACT NO.c236�oa
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
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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
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CONTRACT NO. c2367oa
ENGINEER shall submit invoices monthly for services performed in the
previous month not to exceed the total contract amount of: $33,300.00 (Thirty Three
Thousand and Three Hundred Dollars: NO/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
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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;
(b) Exhibit "A" (Engineer's Proposal of Services, and any written
modifications thereto).
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CONTRACT NO.c236�oA
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
David Volz Design
Authorized Signature
Date:
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CONTRACT NO.c236�oa
EXHIBIT "A"
ENGINEER'S PROPOSAL
OF
SERVICES
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Contract No. C23670A
post-It" Fax Note � 7671 Date .s-„ � ,� «�► � �
(1/ / ( /
To � F
ColDep. CO- � ��
Phone M Phone N
Fax� ']/ w _�-7i��?T��77 f8x11
/ �� U as.r
May 9, 2005
Mr. Nick Nickerson
NAI Consulting
68-955 .A,de�ana Road
Cathedral City, C,A. 92234
XtE: City of Palm Descrt
Sou�ad Wall Beautification
Dear Mr. Nickerson,
�
�F}�i �'�'J
'; • •��
:�
As we discussed our approach to tb�e beautification elements of the sound wall will now
include construction documents for tb�e ez�tire lengch of wall. DVD wili provide plans
and technical specificatio�as �or inclusion in the wall construction set af plans. The work
will be completed in approximately 2 wee�s from your natice to proceed. The work will
be in accordance with the selected "Optaon A" concept plan with a pcelim�inary
constxuction budget estimate of �840,000 �'oc the 6,200 feet of wall in constxuction costs.
Scope of Wo�k
A Construction Dacuments
l
z
3.
4,
5.
6_
Prepare base maps
Prepare layout plans/elevations (7 sheets at �0 scale, four reaches per
sheet)
Prepare consuuction details
Prepare technical specifications
Prepare take off of quantities
Prepare opinion of coz��tcuctivn cost estimate
B. Bidding and Construction Period Services
1. Assist during the bid process by answering RFI and reviewing substitution
requests.
2. A,ttend pre-canstruction conferences
3. Provide for construction reviews (four anticipated)
4. Provide fvr final review and punch list
S. Answer RFI and inquiries during construction process
.
r�ri�l �olw �KiNw
l,andacape ,0.n:hiteX.Nre + Parlc Planning
..'1'�G'� 1!711' • .;f • -
17060 9USHARD S1fiEET
SUfTE 300
FOUNTAIN VALLEY, GA 92708
714.593.3990 FACSIMILE
7/4.593.9�00
F=
i�:
Nick Nids.erson I 1
N�ay 9, 2�05 — page 2 i
Contract No. C23670A
Professi nal Fees �
David V lz Design propose� t�e �ollowing time and materials fee estinnates fvr the above
idemtifie services: ;
Consttuctio�n �3ocuz�nents $24,80a
. Bidding and ��onstruction Period Services $ 8,500
'�'k�a�c y<�u for the �ppartuni�y to see this project througl� to &uit�on. � beiieve that the
finished �vall will be a pleas�nt feature of this �mpaztaat transportation corridor. Should
you hav any c�uestions plea�e do nat hesitate to cal�.
I
Very tru yours,
�avm oLz nrs�c�v �
�
.;
avia olz ;
Principa ndscape ArchiteGt #2375
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