HomeMy WebLinkAboutC27510 Widening of SB Portola Btwn Portola Bridge x Magnesia Falls 657-08REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Direct Staff to Implement One of Two Alternatives to Complete the
Widening of Southbound Portola Avenue Between the Portola Bridge
and Magnesia Falls (Project 657-08)
Mark Greenwood, P.E., Director of Public Works
March 27, 2008
Full Widening Alternative
Minimum Widening Alternative
HMCG Agreement and Cost Proposal
Location Map
That City Council, by Minute Motion:
1.) Direct staff to proceed with the full widening of southbound Portola
Avenue between the Portola Bridge and Magnesia Falls, and
2.) Award contract No. C27510 to Harvey-Meyerhoff Consulting Group in the
amount of $30,570 for environmental services to complete the Initial
Study and Mitigated Negative Declaration for the project, and
3.) Authorize the Mayor to execute the contract.
Background:
The Portola Avenue Bridge over the Whitewater Channel project was recently completed.
The bridge was built with sufficient width to accommodate three lanes in each direction
between Magnesia Falls and Interstate 10, with sidewalks on both sides of the roadway as
indicated on the Circulation Element of the City's General Plan. To avoid delay of the
bridge construction, the project did not include the widening of southbound Portola Avenue
between the bridge and Magnesia Falls, adjacent to the Palm Desert Mobile Estates. In
order to allow for the construction of the third southbound lane, accompanying sidewalk,
parkway, retaining/sound wall and landscaping, Portola Avenue south of the bridge must
be widened. To accomplish the widening, additional right-of-way must be acquired. Such
an action requires the preparation of an Initial Study and Mitigated Negative Declaration, in
compliance with California Environmental Quality Act. A Notice Inviting Proposals was
advertised and staff solicited proposals for the environmental services from the
professional environmental consultant community. A single proposal was received, from
the firm of Harvey-Meyerhoff Consulting Group (HMCG) of Carlsbad, California.
Direct staff to proceed with the Southbound Portola Avenue Widening
Page 2 of 3
March 27, 2008
Discussion:
Subsequent to the proposal process, staff was directed to evaluate an alternative that
would not require the acquisition of additional right-of-way and that accommodates only
the missing sidewalk. The attached drawings illustrate the "full widening" and "minimum
widening" alternatives.
The full widening alternative provides a third lane, that will be used as a right -turn lane
from southbound Portola Avenue to westbound Magnesia Falls, and an 8-foot sidewalk.
This will require the acquisition of property from the Palm Desert Mobile Estates (including
the possible purchase of two mobile homes), onsite modifications and the construction of a
soundwall/retaining wall. Should Council direct staff to proceed with the full widening of
Portola Avenue, the following is the current (estimated) schedule for completion:
Milestone Date
Complete Environmental Documentation June 2008
Complete Right -of -Way Acquisition December 2008
Complete Design December 2008
Begin Construction March 2009
Complete Construction September 2009
The total estimated cost to complete the project is approximately $1,800,000. Funds are
available for this project in the following account: 400-4359-433-4001. The Coachella
Valley Association of Governments (CVAG) will reimburse the City for 50% of the project
costs.
The minimum widening alternative consists of the construction of a sidewalk with
landscaping along this section of Portola within the public right-of-way. A three- to five-foot
retaining wall in front of the existing wall in this area would also be required.
The following is the current schedule to complete the minimum widening alternative. Since
no additional right-of-way would be acquired in this scenario, there would be no need for
an environmental document:
Milestone Date
Complete Design July 2008
Begin Construction October 2008
Complete Construction March 2009
The total estimated cost to complete this alternative is approximately $350,000. This
project does not qualify for reimbursement of costs by CVAG. Although this alternative
can be accomplished sooner and for lesser cost, the southbound right -turn traffic would
interfere with the number two lane through traffic on southbound Portola Avenue.
Direct staff to proceed with the Southbound Portola Avenue Widening
Page 3 of 3
March 27, 2008
Although widening Portola Avenue is not currently in the 5-year Capital Improvement Plan,
opting not to widen it at this time would mean removal of the newly -constructed sidewalk,
retaining wall and landscaping in order to conform to the General Plan in the future.
Therefore, staff recommends the implementation of the full widening alternative.
The proposal received from HMCG was evaluated on specified criteria including firm
qualifications, management approach, technical approach/work plan, and overall
completeness of the proposal. Harvey-Meyerhoff Consulting Group and its noise
assessment subcontractor/consultant, Urban Crossroads, have significant environmental
experience on similar projects they have completed for the cities of Vista, Solana Beach,
Irwindale, and Blythe. HMCG cost proposal was reviewed and staff is confident in the
value being received. Although HMCG is headquartered in Carlsbad, it also has a local
office in Palm Desert. If the full widening alternative is selected, staff recommends that
City Council award the contract for environmental services to HMCG in an amount not to
exceed $30,570 and authorize the Mayor to execute the same.
Prepared By:
Aaron Kulp
Associate Engineer
Approval:
Homer Croy
ACM for Dev
Carlos L. Orte
City Manager
/dhl
Department Hepd:
i
Mark Greenwood, P.E.
Director of Public Works
Paul Gibson
ent Services Finance Director
CITY COUNCIL/ACTION:
APPROVED DENIED
RECEIVED OTHER
MEETIN DATE 3. n27 • Oh''
AYES: 1KE(I.1'. and h am
NOES: Pr(u�r once SPt 1
MiSENT nlYlyif
ABSTAIN: NOM
VERIFIED BY: i'YDK /'Trim
Y 1 on File witikiCitv C . -•! fjce
PRELIMINARY SOUNDWALL LAYOUTPORTOLA AVE WEST SIDEMAG FALLS DRIVE TO WHITEWATER RIVERR1 8 OCT 07JN 5532-02
PRELIMINARY SOUNDWALL LAYOUTPORTOLA AVE WEST SIDEMAG FALLS DRIVE TO WHITEWATER RIVERR0 28 FEB 08 - REVISEJN 5632-01OPTION 2
Contract No. C27510
AGREEMENT
THIS AGREEMENT made and entered into this 27'" day of March, 2008, by and
between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to
as "CITY" and HARVEY-MEYERHOFF CONSULTING GROUP, 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 environmental consultant services as set forth in the attached
CONSULTANT's Cost Proposal and the CITY's Scope of Work contained in the
Request for Proposals (RFP) and the CONSULTANT's Proposal, incorporated herein
by reference, in connection with the perFormance of Portola Ave Widening
Southbound between Portola Bridge and Magnesia Falls (Proiect No. 657-08�.
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 attached CONSULTANT
scope of work and cost proposal, the CITY's RFP Scope of Work, and the
1
Contract No. C2751p
CONSULTANT's proposal, hereto and by reference incorporated herein and made a
part hereof.
(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. CONSULTANT shall be entitled to reasonably rely on the accuracy and
completeness of all information, data, reports, and records, and maps provided by
CITY.
(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. Work shall not commence until CITY's Director
of Public Works has issued a written Notice to Proceed to CONSULTANT.
(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 project manager hereby
�
Contract No. C27510
designated by the CONSULTANT, as its representatives for supervision of the work
required by this Agreement is Leslea Meyerhoff, AICP.
(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
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 di�igence 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.
3
Contract No. c2�5io
(10) All documents including tracings, drawings, estimates, reports,
investigations and computations shall be delivered to and become the property of the
CITY upon CONSULTANT's receipt of payment for services rendered. CITY
acknowledges and agrees that all reports and other 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-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 that are in effect at the time the
services are rendered.
(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
4
Contract No. c27510
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.
(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 fixed contract amount of Thirty Thousand,
Five Hundred Seventy ($30,570.00). 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
report 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.
5
Contract No.��
(17) This Agreement shall be binding on the successors and assigns of
the parties, but the CONSULTANT without written consent of the CITY shal! not assign
it.
(18) The CONSULTANT shall be an independent contractor, not an
employee of the CITY.
(19) Prohibited interests are as follows:
No officer, member ar 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
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 the CONSULTANT shall employ no
person having any such interest.
(20) The CONSULTANT shall indemnify and save harmless the ClTY,
its officers and employees from and against any liability, loss, cost or expense resulting
��
Contract No, c27510
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 general liability,
"errors and omission", automotive liability and workers compensation insurance in
amounts specified in the RFP or 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", City's Scope of Work in the Request for
Proposals
(c) CONSULTANT's Proposal of Services and any written
modifications thereto.
7
Contract No.c2�5�o
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT
Municipal Corporation
HARVEY-MEYERHOFF CONSULTING
GROUP
Consultant
Jean M. Benson, Mayor
Date:
ATTEST:
Rachelle D. Klassen, City Clerk
Authorized Signature
Date:
APPROVED AS TO CONTENT
Mark Greenwood, P.E.
Director of Public Works
David J. Erwin, City Attorney
�
HMCG
Environmental Consultants
Mr. John A. Garcia January 31, 2008
City of Palm Desert Page 1 of 3
Southbound Portola Avenue Widening Cost Proposal
Cost Proposal – Southbound Portola Avenue Widening Project
Task Personnel Rate Hours Total
Task 1 - Project Management and
Coordination with City and design
engineers (M&N)
Principal
Senior Project
Manager
$175
$150
8
16
$1,400
$2,400
Subtotal: $3,800
Task 2 - Review Initial Study, Mitigated
Negative Declaration, and supporting
technical reports, and reference
materials.
Env. Planner
$85
8
$680
Subtotal: $680
Task 3 – Prepare draft Initial Study and
Mitigated Negative Declaration. Prepare
Notice of Completion/Availability,
distribution list, and legal notice to be
published by City. Conduct Quality
Assurance /Quality Control program.
Senior Project
Manager
Senior Planner
Env. Planner
Air Analyst
Acoustical Eng.
Production Staff
$150
$125
$85
$125
Fee
$45
8
12
32
28
$8,900
16
$1,200
$1,500
$2,720
$3,500
$8,900
$720
Subtotal: $18,540
Task 4 - Respond to Comments, prepare
Notice of Determination, and Mitigation
Monitoring & Report Program
Env. Planner
Production Staff
$85
$45
16
8
$1,360
$360
Subtotal: $1,720
Task 5 - Public Meetings
4 Project Meetings,
1 Planning Commission, and
1 City Council meeting
Principal
Senior Project
Manager
Env. Planner
$175
$150
$85
8
20
8
$1,400
$3,000
$680
Subtotal: $5,080
Travel Expenses - (Mileage reimbursement) $500
Report Copies – (Based on Direct Production Cost plus 10%) $250
Note: This cost proposal is valid for 60 days.
$30,570
HMCG
Environmental Consultants
Mr. John A. Garcia January 31, 2008
City of Palm Desert Page 2 of 3
Southbound Portola Avenue Widening Cost Proposal
Key Assumptions Regarding Scope of Work and Budget:
This Scope of Work and budget have been defined in response to available project
description information and assuming that a new Initial Study and Mitigated Negative
Declaration will be prepared for this project. The scope and budget may be altered as the
City determines to meet the City’s needs, budget objectives, or schedule.
The Scope of Work includes the preparation of documentation to meet requirements of
the California Environmental Quality Act, and does not include National Environmental
Policy Act compliance or other formal regulatory or resource agency coordination,
consultation, or permitting documentation that may ultimately be required for project
implementation.
The Noise impact assessment will be prepared by HMCG with assistance from Urban
Crossroads. Estimated costs are shown in the budget based upon literature review, field
surveys, and/or technical reports. Upon award, a final Scope of Work and Budget for the
Noise impact assessment will be developed in consultation with the City, and subject to
review and approval by the City.
The Air Quality impact assessment will be prepared by HMCG. Estimated costs are
shown in the budget based upon literature review, field surveys, and/or technical reports.
Upon award, a detailed Scope of Work and Budget for the Air Quality impact assessment
will be developed in consultation with the City, and subject to review and approval by the
City.
Relevant technical reports, mapping, and graphics that have been developed will be made
available in a useable electronic format for development of supporting graphics in the
Initial Study and Mitigated Negative Declaration.
Costs for individual tasks are not fixed, and actual costs may be shifted by HMCG as
needed between tasks.
The City will be responsible for filing required notices in the local newspaper and with
the City Clerk and County Clerk, and mailing notices to surrounding landowners.
HMCG
Environmental Consultants
Mr. John A. Garcia January 31, 2008
City of Palm Desert Page 3 of 3
Southbound Portola Avenue Widening Cost Proposal
2008 Rate Schedule
Principal & Senior Scientist $195
Principal & Senior Planner $175
Senior Project Manager $150
Project Manager $130
Assistant Project Manager $100
Senior Scientist $150
Environmental Scientist III $125
Environmental Scientist II $100
Environmental Scientist I $ 85
Legal Advisor / Regulatory Review $250
Senior Environmental Engineer $150
Environmental Engineer $125
Senior Environmental Planner $125
Environmental Planner II $100
Environmental Planner I $ 85
Principal Biologist $125
Senior Biologist $100
Biologist/Field Assistant $ 80
Senior Archaeologist $115
Cultural Resources Specialist $ 95
Cultural Resources Field Assistant $ 75
Senior GIS Specialist $ 85
GIS Specialist $ 75
GIS Technician $ 65
Word Processor / Production Leader $ 55
Clerical / Production Staff $ 45
*Direct expenses including mileage, meals, copies, FedEx/mail/phone/fax billed at cost plus 10%.
*Mileage charged at $0.525 for automobile; $0.70 for 4-wheel drive vehicle.
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