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Home My WebLink AboutC26190 I-10/Monterey On/Off Ramp 969-06Contract No. C26190 REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Approve the Agreement with NAI Consulting for Program Management Support Services for Federal Funding of 1-10 Monterey Avenue On -Off Ramp Landscaping Project 969-06 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: NAI Consulting 68-955 Adelina Road Cathedral City, CA 92234 DATE: January 25, 2007 CONTENTS: 08-25-05 Staff Report Resolution 05-72 Agreement Proposal Vicinity Map Recommendation: By minute motion: 1. Approve the agreement with NAI Consulting for program management support services for federal funding of the 1-10 Monterey Avenue On -Off Ramp Landscaping Project 969-06 in the amount of $18,500.00; 2. Approve a 10% contingency in the amount of $1,850.00; 3. Appropriate funds from general fund reserves to the project account; and 4. Authorize the City Manager to execute the agreement. Discussion: The 1-10 Monterey interchange suffers from congestion due to inadequate westbound onramp capacity. The City is currently in the environmental study/right-of-way acquisition process to develop improvements to the interchange which will include a northbound -to -westbound loop ramp entrance to the freeway. These improvements will require appropriate landscaping. At the August 25, 2005 meeting, City Council adopted Resolution #05-72 supporting application for 2005 Transportation Enhancement Funding for landscaping on the 1-10 Monterey On -Off Ramp. The City was awarded a grant in the amount of $378,000.00; the City is to match monies in the amount of $422,000.00, for a total landscaping component cost of $800,000.00. The entire 1-10 Monterey project is estimated to cost $8,500,000.00. Approve agreement NAI Consulting for 969-06 Page 2 of 2 January 25, 2007 Federally funded transportation grants come with a requirement for very detailed processes and meticulous documentation. Public Works staff cannot dedicate the necessary time to this task and we have found that a consultant can perform this function in a cost-effective and efficient manner. Through the Request for Qualifications process, staff has selected NAI Consulting for this work. NAI is the only local consultant with the experience needed to manage federally funded transportation projects. NAI Consulting has successfully provided similar services on numerous other City projects. Therefore, staff recommends that City Council approve the agreement with NAI Consulting to provide Program Management Support Services for Federal Funding for the 1-10 / Monterey Avenue On/Off Ramp Landscaping Project # 969-06 in the amount of $18,500.00, approve a 10% contingency fund; appropriate the funds from the general reserve to the project account; and authorize the City Manager to execute the agreement. Depart Mark Green , ood, P.E. Director of Public Works Homer Croy ACM for Devel /dhl nt Services Approval: aul S. Gibson Director of Finance Carlos L. brtega City Manager CITY COUNCILCTION: APPROVED DENIED RECEIVED OTHER MEET' DATE AYES I IciD1. NOES: ABSENT: ABSTAIN; VERIFIED ')riginal W t. BY:Ft//7"ur1 on File wh City Clerk's Office G:1Pub Works\Staff Reports120071January 25102 Award contract NAI COnsulting for TE Grant Management Monterey 1-10 On -Off RamplAward contract NAI TE Grant Management 969-06 Monterey 1-10 On -Off Ramp.doc CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFI^ REPORT REQUEST: Approval of Resolutions of Support for 2005 . f r , ir t$ c,rLuh. i Enhanceme»t Funding for landscape projects on Monterey Avenue. SUBMITTED BY: Department of Public Works APPLICANT: City of Palm Desert DATE: August 15, 2005 CONTENTS: Resolutions of Support (Nos. 05-71 & 05-72) Location maps CaII for Projects cover letter Recommendation: Adopt Resolution Nos. 05-71 and 05-72 supporting filing for 2005 Transportation Enhancement funding for Monterey Avenue landscape projects. Discussion: There are $14 million available countywide for federal Transportation Enhancement projects, administered by the Riverside County Transportation Commission. Staff intends to request $600,000 of a total $1.2 million for landscaping the center median and slopes of Monterey Avenue ramp between Dinah Shore Drive and the Southern Pacific Railroad. Staff is also requesting $400,000 of a total $800,000 for landscaping the new on/off ramp area at the Monterey Avenue interchange. If the city is successful in receiving this funding, the matching amount would need to be allocated from General Fund Reserves. The City of Palm Desert previously received funds from the same program for the project, which was to include artwork with matching funds coming from the Art in Public Places Fund. Staff now intends to simply landscape the areas without artwork. . Staff Report- Transportation Enhancement funding for Monterey Page 2of 2 August 15, 2005 Therefore, staff recommends that City Council supports the filing of application for said funds by adoption of the resolutions. Submitted By: f IrrArlark Greenwood, P.E. City Engineer Approval: Homer Croy ACM for DeveloA5mont Services Carlos Orteg City Manager /P1 /elm * Adopted Res. Nos. 05-71 and 05-72, as modified to reflect that these projects mill each incorporate an artwork component, and the corres- ponding TEA funding applications shall indicate sane. 5-0 Department Head: Michael Erra te, P.E. Director or Public Works Finance Director CITY COUNCILytION: APPROVED DENIED R E VED • OTHER P oo .. otcuirnAIQS, Q-7/ and Os' -Via..' MEETING DATE . - 5 AYES: ,' •' Uttny - J a tni NOES: - ABSENT:104z,, ABSTAIN:jSIOL VERIFIED BY: / .'Nr{.ainal on File rh City Clerk's Office G:IPubWorkslStaf Rpofl %20051Aupust 25 Adopt moltrtbn Fransportatbn Enhancement funding for MontNsyAve landscape.doc RESOLUTION NO. 05-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA SUPPORTING THE APPLICATION TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR TRANSPORTATION ENHANCEMENT FUNDS TO INCORPORATE ARTWORK AND LANDSCAPE THE NEW ON/OFF RAMP AREA AT THE NORTHEAST QUADRANT OF THE MONTEREY AVENUE INTERCHANGE AT INTERSTATE 10. WHEREAS, the City Council of the City of Palm Desert, Califomia finds it desirable to incorporate artwork and landscape the area surrounding the interchange area at the northeast quadrant of Monterey Avenue and Interchange 10, and WHEREAS, funding from the Transportation Enhancement would substantially assist in funding the project, NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case and 2. That the City Council hereby supports filing for funding from the 2005 Transportation Enhancement Program for landscaping at the Monterey Avenue interchange of interstate 10. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25.tday of August , 2005 by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUF6RD . C' IT , Mayor ATTEST: RACHELL ' . + SE , City Clerk City of Palm Desert, California CONTRACT NO. c26190 AGREEMENT THIS AGREEMENT, made and entered into this 25th day of January, 2007, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and NAI Consulting, 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 CONSULTING services as set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) for Proqram Manaqement Support Services for Federal Fundinq for the Proposed I-10 / Monterev Avenue On/Off Ramp Landscapinq Proiect No. 969-06. 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. G:�PubWorks\StaH Reports�2007Uanuary 25\02 Award contrect NAI COnsulling for TE Grant Management Monterey I-10 On-OH RampV+greement NAI ConsulUng for 969- O6.doc CONTRACT NO. c26190 (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. 6 (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. CITY's Director of Public Works has not authorized CONSULTANT to proceed. (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 Registered Civil CONSULTANT hereby designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is Lloyd "Nick" Nickerson, Jr. (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 2 CONTRACT NO. c26190 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 CONTRACT NO. c26190 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 CONTRACT NO. c26190 (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: $18,500.00 (Eiqhteen Thousand Five Hundred Dollars: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 as described 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 thereof. The parties hereto covenant and agree that to their knowledge no member of 5 CONTRACT NO. c26i90 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: (a) This Agreement; 6 CONTRACT NO. c26190 (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 NAI Consulting Municipal Corporation Carlos L. Ortega, City Manager Authorized Signature Date: Date: ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director Of Public Works David J. Erwin, City Attorney � CONTRACT NO. c26190 EXHIBIT "A" CONSULTANT'S PROPOSAL OF SERVICES G:\PubWorks\Staff Reports�2007�January 25\02 Award contract NAI COnsulGng for TE Grant Management Monterey I-10 On-Off Ramp�Agreement NAI Consulting for 969-O6.doc ��I iM,p,�l r �T� 68-955 Adelina Road l� Cathedral City,CA 92234 c�� ;��,/�Q [760J 323-5344•[760]323-5699 .�.._.�.�.m.._....=...W_..�....�m.�.�1o�b ��v�=�$.��i�.3�._...�..�_.�.�...,.q��...,._....�.�a ,:�r�� vi ��::.�r< <,.'st�:t �, zwi�: �s�=c;>.'�;: ��.:�:_,��:�:�; � :;�� November 2, 2006 Mr. Mark Greenwood, P.E. Director of Public Works City of Palm Desert 73-b10 Fred Waring pr. Palm Desert, CA 92260 Subject; Proposal to Provide Program Management Support Services for federal funding for the Proposed I-'10 / Monterey Avenue On/Off Ramp Landscaping Project Dear Mr. Greenwood: NAI Consulting (NAl) is pleased to submit this proposal to provide Program Management Support Services for Federal funding for the 1-10 / Monterey Avenue On/Off Ramp Landscaping Project within the City of Palm Desert. I-10 / Monterey Avenue Qn/Off Rama Landscapina Proiect The proposed landscaping project is intended to improve the aesthetics and scenic vafues of the facility by eliminating blight at the interchsnge. The project limits is a triangular area bounded by Monterey Avenue to the west, Varner Road to the north, and Interstate 10 to the south. The project will landscape in and around the on/off ramps with a total area of 3 acres of landscaping. Selecting NAI Consulting to provide program management support services for the federal funding aspect of the project will ensure the project is professionally and expediently administered. The keys to achieving this success are a thorough knowledge of federal funding sources and requirements, and tha ability to quickly respond to and resolve project related issues. I. SCOPE OF SERVICES: Typical services include, but are not limited to: a. Preparation and submittal of the documents necessary to coordinate with state and/or federal funding agencies to acquire and maintain funding approval. The typical documents necessary to acquire and maintain federsl funding assigned to the proposed I-10 / Monterey Avenue On/Off Ramp Landscaping Project are outlined below: Desis�n/Environmental Ph��e: 1. Environmental Studies and Appr.ovals are to be complete by the Design/Environmental Consultants assigned to the lnterchange Project. Reauest for Californta Transporiation Commission Funding Allocation Local Highway Proiects 1. Request for Funding Allocation � a. Request for Funding AIlocation Cover Letter b. Funding Allocation Checklist Reauest for Authorization Construction Package {TEA Package): 1. Request For Authorization - Construction a. Request for Authorizatio� Cover Letter b. Project Prefix Checklist c. Qata Sheets 1, 2 & 3 d. Local Programs Agreement Checklist (Local Agency/State) e. Local Programs Agreement Checklist (State/FHWA1 � 2. Updated Finance letter 3. Local Agency Contract Administretion Checklist 4. PS&E Certification Letter 5. Inclusion of Federal Specificetions within the Project Bid Document 6. PS&E Certification Checklist 7. Detailed Estimate/Detailed Estimate Summary fbased on Engineer's Estimate) Contract Adve�iis_ement & Award PackagQ: 1. Advertisement Notification 2, Contract Award Package a. Low Bidders Documentation b. Bid Comparison Summary (Including Engineers Estimate) c. Local Agency Contract Award Checklist d, Bid Opening Checklist 3. DBE Report a. Good Faith Statement if required. 4. Detail Estimate (Based on Low Bid) 5. Detail Estimate Summary 6. Finance Letter (Revised to Low Bid) 7. Pre-Construction Checklist 8. Resident Engineers Checklist 9. Federal Invoices as required and/or appropriate Final Expenditure Report Packeae: 1. Cover Letter (2 pages) 2. Report of Expenditures Checklist a. Final Inspection Report b. Final Invoice c, Final Detail Estimate and Detail Estimate Summary d. Finance Letter (Revised to Reflect Actual Costs) e. Contract Change Order Summary f. Liquidated Damages and/or Contractor Claims g, Date of Completion• h. Date of Acceptance i. Final DBE Report j. Materials Certification k. Buy America Letter 2 b. Assist the City of Palm Desert with the preparation and tracking of projeci schedules; c. Assistance with bidding procedures, preparation bid summary comparisons in a table format, development of recommendations for City Council consideration to award Public Works contracts for construction; d. Monitoring and reporting on projectis) status; budget vs. actual expenditures; contract time vs. actual time; II. PROJECT MANAGER Mr. Eldon K. Lee, P.E„ will serve as Project Manager for the duration of the contract. Mr. Lee has over 30 years of experience as a Project Manager and Contract Administrator. He has served as the Project Manager for a variety of local {City) and sub-regional (Valfey-wide) projects. He possesses a strong understanding of the project development process and time proven project management techniques. Complementary to this experience is his knowledge of local, regional, state and federa! funding sources. Mr. Lee has earned a reputation of quickly and efficiently resolving project related conflicts and delivering the project on time and within budget. As Project Manager, Mr. Lee will be responsible for ensuring the City of Palm Desert is provided the highest quality of professional services. III. 71ME OF COMPLETION: It is estimated the above scope of services will be accomplished over 24 to 30 months as per the dates shown in the RCTC Milestone Report attached, on an as needed basis. IV. SCHEDULE OF "71ME AND MATERIALS" FEES : Essentially, NAI Consulting wifl ssrve as an extension of the City's Engineering/Public Works Staff while working on the I-10 / Monterey Avenue On/Off Ramp Landscaping project. As such, you can count on NAI Consulting to provide as much and/or as little time necessary to accomplish project related goafs and objectives. NAl Consulting proposes to provide these services on a "time and materials" basis. Considering the actual time to provide Project Management Support for Federal funding for the project is unknown at this time, the following time and materials costs are provided for budgetary ourposes and will be adjusted to actual as the project progresses: Task Description Man PM Man Project TOTAL Hrs (@ $125/Hr? Hrs Assistant {@ g45/Hr} 1 Initial Project Review 20 $2,500.00 90 3450.00 52,950.00 2 Federa! Documents 60 57,500.00 30 S1,350.00 38,850.00 3 Project Close-out 40 55,000.00 16 $675.00 55,675.00 ESTIMATEO NA1 C�STS: 120 �17,400.00 55 �2,475.00 S17,475.00 In addition, it is recommended a budget be established in the amount of $1,000,00 for indirect costs such as blueprinting, reproduction, messenger service and postage. Indirect costs are charged at cost plus 10%. • NAi Consulting maintains 51 Million Dolfars in Professional Liability Insurance, General l.iability Insurance, and Automobile Insurance coverage's . NAI Consulting can not waive its right to subrogation. Certificates of Insurance naming the City of Palm Desert as additionally insured will be 3 provided upon notification to proceed. Thank-you for allowing me the opportunity to express my interesL in providing the City of Palm Desert with Project Management Support Services for Federal Funding for the I-10 / Monterey Avenue On/Off Ramps Drive Landscaping project. Don't hesitate to contact Eldon or myself at (7601 323-5344 if you have any questions or if you require additional information. Sincerely, ,� �� LLOYD " ICK" NICKERSON, JR. President I-10-Monterey Lxndscape PM Proposal Fed Projecu.rtf � , � s,"'i t'c� j N - �g f •' �. w +� .n� � E i a � � � � � �t� $: I E a � � �m c•� Q � � c �� i � g '� �{� t� y �. � c � �.� `d 6.'�� i W G !0 1�i. } � N V ',� O� � � c'z � `cl� a E o �' ._ - � �_ • c $ y� �p B t � �gT £ U �p i N " � ,�,?� Q� �, G y� 'O �` i� — '� f0 � I` C � £ --- ' � a� '° ,g.��'° 4 LL� e� � �'i . � � c ►L- a i� `o °' � �i:��. G f/J W ( C � v ,�"� F.V.�` � � . O N 5 � O � . 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