HomeMy WebLinkAboutC24700 Noise Study Along Fred Waring at Desert Breezes 654-01P
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Ratify Contract No. C24700 Agreement for Noise Study
along Fred Waring Drive at Desert Breezes (Project 654-01)
SUBMITTED BY: John A. Garcia, P.E., Engineering Manager
APPLICANT: Medlin & Associates, Inc.
P.O. Box 130941
Carlsbad, California 92013-0941
DATE:
CONTENTS
Recommendation:
January 12, 2006
Memorandum to City Manager
Agreement
Vicinity Map
By Minute Motion Ratify
along Fred Waring Drive
Medlin & Associates, Inc.
$24,995.
Discussion:
Contract No. C24700 for a Noise Study
at the Desert Breezes Development with
of Carlsbad, California, in the amount of
On June 9, 2005 City Council directed staff to seek reimbursement from the
Coachella Valley Association of Governments (CVAG) for costs associated with
a continuation of the soundwall along Fred Waring Drive for the entire frontage of
the Desert Breezes Development. Staff informed Council that as a part of
seeking reimbursement for the continuation of the wall a second noise study
would be necessary. City Council recommended that the study be taken during
January.
On November 23, 2005 staff advertised a Request for Proposal. Proposals were
due on December 13, 2005.
Staff Report
Ratify C24700 for Noise Study along Fred Waring Drive at Desert Breezes
Page 2 of 2
January 12, 2006
The following four firms sent in proposals: Medlin & Associates, Inc., Carlsbad,
California, AAC, Irvine, California, UltraSystems, Irvine, California, and ATS
Consulting, Inc., Los Angeles.
Staff evaluated the proposals and is requesting contract be awarded to Medlin &
Associates, Inc. in an amount not to exceed $24,995.
On December 20, 2005 staff requested the City Manager to execute the
Agreement to expedite the study.
Funds are available for this in account number 400-4399-433-4001.
Therefore, staff recommends that City Council by minute motion ratify Agreement
No. C24700 for the Noise Study along Fred Waring Drive at the Desert Breezes
Development with Medlin & Associates, Inc., in the amount of $24,995.
Submitted By:
John bi Garcia, P.E.
Engineering Manager
Approval:
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ACM fo`r velopment Services
City Manage
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Department Head:
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Ma Greenwood, P4.
City Engineer/Acting Director of
Public Works A
Finargel Di
G:\PubWorks\PROJECTS\654-01 Fred Waring Widening California to Wash ington\Staff Reports\Staff Report -Ratify
Agreement with Medlin Noise Study.doc
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
To: Carlos Ortega, City Manager
From: Mark Greenwood, City Engineer/Acting Director of Public Works
Date: December 20, 2005
Subject: Agreement for Noise Study at Desert Breezes
On June 9, 2005 City Council directed staff to seek reimbursement from the Coachella
Valley Association of Governments (CVAG) for costs associated with a continuation of
the soundwall along Fred Waring Drive for the entire frontage of the Desert Breezes
Development. Staff informed Council that as a part of seeking reimbursement for the
continuation of the wall a second noise study would be necessary. City Council
recommended that the study be taken during January.
On November 23, 2005 staff advertised a Request for Proposal. Proposals were due
on December 13, 2005.
The following four firms sent in proposals: Medlin & Associates, Inc., Carlsbad,
California, AAC, Irvine, California, UltraSystems, Irvine, California, and ATS Consulting,
Inc., Los Angeles.
Staff evaluated the proposals and is requesting contract be awarded to Medlin &
Associates, Inc. in an amount not to exceed $24,995. Staff is requesting that the City
Manager execute this agreement for expediency due to the time sensitively of the noise
study and will take the agreement to City Council on January 12, 2006 for ratification.
Review and Concur
M Greenwood, P.E. / Carlos L. O ga
C y Engineer/Acting Director of Public Works City Manager
GAPubWorks\PROJECTS\654-01 Fred Waring Widening California to Washington\Request for Proposals\MEMO to City Manager award to Medlin.doc
CONTRACT NO.C24700
AGREEMENT
THIS AGREEMENT, made and entered into this
22 day of December,
2005, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY" and Medlin & Associates. Inc. , hereinafter
referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional CONSULTANTS duly registered under the laws of the State of California;
and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and professional CONSULTANTING services as set forth in Exhibit "A"
(CONSULTANT'S Proposal of Services) in connection with the design of Project: Noise
Studv of Fred Warinq Drive at Desert Breezes Communitv and (Project 654-01).
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage CONSULTANT to perform the
technical and/or professional services as hereinafter set forth.
(2) CONSULTANT 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.C24700
(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 CONSULTANT without charge by CITY and
CITY shall cooperate in every way reasonable in the carrying out of the work without
delay.
(4) CONSULTANT 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
CONSULTANT 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 CONSULTANT to proceed.
CITY's Director of Public Works has not
(7) The CONSULTANT 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 CONSULTANT shall review and receive the Director of Public Works
approval of the details of work as it progresses. The CONSULTANT hereby designates
as its representative for supervision of the work required by this Agreement is Kathy
Medlin INCE.
(8) The CONSULTANT 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
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CONTRACT NO.C24700
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 CONSULTANT'S services, in the sole
judgment of CITY, are unsatisfactory or because of the CONSULTANT'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 CONSULTANT shall be paid the reasonable
value of the services rendered, based upon CONSULTANT'S standard hourly rates, up
to the time of the termination. The CONSULTANT 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 CONSULTANT 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 CONSULTANT. In the event CITY and CONSULTANT permit the re-
3
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CONTRACT NO.C24700
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
CONSULTANT regarding such re -use or other use, and CITY shall require the party
using them to eliminate any and all references to CONSULTANT from the plans,
specifications, reports and other design documents.
(11) The CONSULTANT 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 CONSULTANT shall be made except by supplemental authority in writing
between CITY and the CONSULTANT. 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
CONSULTANT, if any.
(13) In connection with the execution of this Agreement, the
CONSULTANT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin. The CONSULTANT
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 CONSULTANT.
4
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CONTRACT NO.C24700
(14) The CITY agrees to pay the CONSULTANT for the work required
by this Agreement on the following basis:
CONSULTANT shall submit invoices monthly for services performed in
the previous month not to exceed the total contract amount of: $ Twenty Four
thousand Nine Hundred Ninety Five Dollars ($24,995 00/100 ONLY). CITY agrees
to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees
to notify CONSULTANT of disputed invoices within fifteen (15) days of receipt of said
invoice.
(15) The CONSULTANT agrees to complete the work and submit the
Final Design CONSULTANTING 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 CONSULTANT without written consent of
the CITY.
(18) The CONSULTANT 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
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CONTRACT NO.C24700
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 CONSULTANT 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 CONSULTANT further
covenants that in the performance of this work no person having any such interest shall
be employed by the CONSULTANT.
(20) The CONSULTANT 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 CONSULTANT, its agents or employees, while engaged in the
performance of this Agreement. The CONSULTANT 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:
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CONTRACT NO.C24700
(a) This Agreement;
(b) Exhibit "A" (CONSULTANT'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
eCar os L. Orto(
City Manager
Date: 2Ze- Z / DJ
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Mark Greenwood, P.E.
City Engineer/Acting Director Of Public Works
David J. Erwin, City Attorney
Company Name
Medlin & Associates, Inc.
Authorized Signature
Date:
7
GAPubWorks\PROJECTS\654-01 Fred Waring Widening California to WashingtonWgreementsVAGREEMENT CONSULTANT Noise-Medhn.doc
CONTRACT NO.C24700
EXHIBIT "A"
CONSULTANT'S PROPOSAL
OF
SERVICES
G:\PubWorks\PROJECTS\654-01 Fred Waring Widening California to Washington\Agreements\AGREEMENT CONSULTANT
Noise-Medlin.doc
Medlin &
Associates, inc.
Acoustical Consultants
City of Palm Desert Fred Waring Drive Widening
Soundwall At Desert Breezes
# Task
Hours per hr
Price
1 Perform up to 18 (Peak Hour) one hour noise measurements, take traffic
96 $100
$9,600
counts with noise msmts.
2 Model traffic noise to areas of sensitive noise receivers using traffic noise
32 $140
$4,480
model; compare levels to applicable guidelines
3 Provide recommendations for a sound wall per page 15 of the City's RFP.
20 $140
$2,800
4 Document findings in a technical noise report using the guidance of Caltrans
32 $140
$4,480
Noise Protocol and Technical Noise Supplement.
5 Equipment & Miscellaneous; Sound level meters/analyzers
$3,635
ESTIMATED TOTAL
180
$24,995
* This proposal is based on "fixed price" basis in accordance with our enclosed fee schedule and terms
and conditions. This is a firm offer for a 90 day period from 19 December 2005. Services would be
provided in 2006.
* The above scope does not include response to comments, report revisions or attendance at meetings
other than as identified above, which shall be billed on an hourly basis at $140.00 per hour plus
expenses, in accordance with our enclosed fee schedule.
* This proposal is based upon client providing Medlin with a scaled site plan of the proposed alignment
suitable for noise modeling which includes adjacent areas out to sensitive noise receivers, and a traffic
study or traffic volumes. It is assumed that Client will provide consultant with a minimum of 2 peak hours
daily for noise measurements.
* There is an administrative and handling fee for leasing and shipping of equipment for this contract in the
fixed amount of $1,965.00. This fee is not included in the fixed price of $24,995.00.
* Our proposal is dependent on the partial use of leased equipment which has been quoted for a
timeframe of 15 days for equipment receipt and return to the vendor. This timeframe should meet the
city's requirements to obtain the 18 noise measurements. Should the noise measurements be unable to
be completed within this 15 day consecutive timeframe due to any reason, additional weekly equipment
and/or shipping charges will be charged to the contract. For planning purposes, an additional week on the
equipment costs approximately $1,500.00.
* Contract indemnity limited to consultants negligent acts and omissions.
* Basic graphics are provided by Consultant.
* Technical noise report does not include a Caltrans reasonable/feasible or cost mitigation analysis.
VICINITY MAP
Fred Waring Drive Soundwali at Desert Breezes
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