HomeMy WebLinkAbout1ICITY COUNCIL STAFF REPORT
DATE: January 13, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT NO. 5701 WITH DOKKEN ENGINEERING FOR THE
SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE
REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06-
18, FEDERAL AID PROJECT NO. BR-NBIL(502)
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
Approval of Amendment No. 2 to Professional Services Agreement No. 5701 with Dokken
Engineering is for additional engineering design services related to additional utility
coordination, right-of-way recertification, and a reevaluation of channel hydrology/
structural work to implement a more natural look in the channel. The total cost for
additional services is $93,979.60.
RECOMMENDATION:
1.Approve Amendment No. 2 in the amount of $93,979.60 to Professional Services
Agreement No. 5701 with Dokken Engineering for a new not-to-exceed amount of
$888,033.60 for the South Palm Canyon Drive Low Water Crossing Bridge
Replacement, City Project No. 06-18, Federal Aid Project No. BR-NBIL(502); and
2.Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Dokken Engineering is a California corporation. A copy of their Public Integrity Disclosure
Form is included as Attachment A.
BACKGROUND:
On July 16, 2008, the City Council approved Professional Services Agreement No. 5701
with Dokken Engineering in the amount of $681,554 to provide the environmental, design
and right-of-way acquisitions services for the Project.
Item 1I - 1
City Council Staff Report
January 13, 2022 -- Page 2
Amendment No. 2 – Dokken Engineering – South Palm Canyon Dr Low Water Crossing
On May 7, 2020, the City Council approved Amendment No. 1 to Professional Services
Agreement No. 5701 with Dokken Engineering in the amount of $112,500, for a new total
contract amount of $794,605. Amendment No.1 was intended to incorporate comments
from the Committee to Save Oswit Canyon (Committee). The Committee’s comments
were intended to refine and minimize the footprint of flood control berms and structure of
the bridge.
STAFF ANALYSIS:
On October 30, 2020, the efforts to resolve the litigation between the Committee, City,
and the Oswit Canyon Property owners reached a conclusion with the Committee’s
acquisition of the Oswit Canyon Property.
After the settlement with the parties was complete, Staff requested additional design
modifications to further conform to the comments provided by the Committee. The
proposed changes that are needed will require additional coordination with Southern
California Edison to relocate electrical facilities; the hydrology of the minimized channel
footprint needs to be reevaluated; and additional structural revisions are needed to
accommodate a more natural looking channel design.
Dokken Engineering has provided a proposal to Staff to perform the requested additional
engineering design services. Staff has prepared Amendment No. 2 in the amount of
$93,979.60 to the Professional Services Agreement No. 5701 with Dokken Engineering,
for a new total cost of $888,033.60. A copy of the amendment is included as Attachment
B.
Approval of the amendment will allow Staff to coordinate with Dokken Engineering to
reduce the Project’s footprint to the greatest extent feasible, while achieving the goal of
providing an all-weather access for the South Palm Springs community. Therefore, Staff
recommends the City Council approve Amendment No. 2.
ENVIRONMENTAL ASSESSMENT:
On January 18, 2012, the City Council approved Resolution No. 23076, adopting and
ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently on
January 23, 2012, Staff filed the Notice of Determination with the Riverside County Clerk
and State Clearing House.
The Project is funded in part by federal funds, requiring local oversight by Caltrans. As a
federally funded project, it is subject to review pursuant to the National Environmental
Policy Act (NEPA). On February 6, 2012, Caltrans, as the lead agency, made an
environmental determination that the Project does not individually or cumulatively have a
significant impact on the environment as defined by NEPA and is excluded from the
requirements to prepare an Environmental Assessment (EA) or Environmental Impact
Item 1I - 2
City Council Staff Report
January 13, 2022 -- Page 3
Amendment No. 2 – Dokken Engineering – South Palm Canyon Dr Low Water Crossing
Statement (EIS); has considered unusual circumstances pursuant to 23 CFR 771.117(b),
and that it qualifies for a Categorical Exemption in accordance with 23 CFR 771.117(d).
FISCAL IMPACT:
Sufficient funds are budgeted and available in the Special Development Fund – Drainage.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Public Integrity Disclosure Form.
B. Amendment No. 2.
Item 1I - 3
ATTACHMENT 1
Item 1I - 4
Item 1I - 5
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Dokken Engineering
2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630
3. Local or California Address (if different than #2)
--SAME --
4. State where Entity is Registered with Secretary of State
California
If other than California, is the Entitv also reaistered in California? n Yes n No
5. Type of Entity
[Z] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify)
Note: If any response is not a natural person, please identify all officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other entity
Richard A. Dokken [l] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other
Richard T. Liptak Ill Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other
Bradley B. Dokken [l] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 1 of 2
(Revised 09 13 18)
Item 1I - 6
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Dokken Engineering ( ... Continuation)
2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630
3. Local or California Address (if different than #2)
--SAME --
4. State where Entity is Registered with Secretary of State
California
If other than California, is the Entitv also reqistered in California? n Yes n No
5. Type of Entity
[Z] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify)
Note: If any response is not a natural person, please identify all officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other entity
Cathy Chan [Z] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other
John A. Klemunes Ill Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other
Matthew N. Griggs [Z] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 1 of 2
(Revised 09 13 18)
Item 1I - 7
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
A.
Richard A. Dokken 56%, Dokken Engineering
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13.18)
Date
May 10, 2019
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
Page 2 of 2
ATTACHMENT 2
Item 1I - 8
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT
SOUTH PALM CANYON DRIVE LOW WATER CROSSING
BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH
City Project 06-18
Federal Project BR-NBIL (502)
This Amendment No. 2 to the Contract Services Agreement (A5701), (“Amendment No.
2”), is made and entered into this _____ day of _____________, 2022, by and between the
CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and
Dokken Engineering, a California corporation, (“Contractor”). City and Contractor are individually
referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
WHEREAS, on July 16, 2008, the City Council approved that certain Contract Services
Agreement with Dokken Engineering for professional services related to the South Palm Canyon
Drive Low Water Crossing Bridge Replacement at Arenas Canyon South, City Project 06-18,
Federal Project BR-NBIL (502), (the “Project”); and
WHEREAS, on City has determined that there is a need for additional professional
services related to the Project; and
WHEREAS, the Parties wish to enter into this Amendment No. 2 to provide the City with
the requested additional professional services.
NOW, THEREFORE, in consideration of these promises and mutual obligations,
covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein
as the basis for this Amendment No. 2.
SECTION 2. Section 1.1 Scope of Services of the Agreement is hereby amended as
follows:
The additional services identified in the Contractor’s letter dated November 30, 2021,
included herewith as Attachment 1, are hereby incorporated into Exhibit “A” of the Agreement.
SECTION 3. Section 2.1 Contract Sum of the Agreement is hereby amended as follows:
The Contract Sum is increased by $93,979.60 to $888,033.60.
Exhibit “C” is hereby amended to incorporate the additional services, as identified on the
revised Exhibit “C” included herewith as Attachment 2.
Item 1I - 9
SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract
Services Agreement (A5701), unless specifically modified herein, shall continue in full force and
effect. In the event of any conflict or inconsistency between the provisions of this Amendment
No. 1 and any provisions of the Contract Services Agreement (A5701), the provisions of this
Amendment No. 1 shall in all respects govern and control.
SECTION 5. The persons executing this Amendment No. 2 on behalf of the Parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and
(iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement
to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Item 1I - 10
IN WITNESS WHEREOF, the Parties have executed this Amendment No.2 as of the dates
stated below.
“CITY”
City of Palm Springs
Date:__________________________ By:_________________________________
Justin Clifton,
City Manager
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________
Jeffrey S. Ballinger, Anthony J Mejia, MMC
City Attorney City Clerk
“CONSULTANT”
Dokken Engineering, a California corporation
Date: __________________________ By:
Signature
Printed Name/Title
Date: __________________________ By:
Signature
Printed Name/Title
Check one: __Individual __Partnership __Corporation
Corporations require signatures: One signature must be from Chairman of Board, President, or
any Vice President. The second signature must be from the Secretary, Assistant Secretary,
Treasurer, Assistant Treasurer, or Chief Financial Officer.
Item 1I - 11
ATTACHMENT 1
TO AMENDMENT NO. 2 TO A5701
FOLLOWS THIS PAGE
Item 1I - 12
110 Blue Ravine Road, Suite 200 Folsom, CA 95630 Tele: 916 858-0642 Fax: 916 858-0643
November 30, 2021
Mr. Joel Montalvo, PE
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: South Palm Canyon Drive Bridge – City Project #06-18 (DE#1715)
Request for Contract Amendment No. 2
Dear Mr. Montalvo:
As requested, Dokken Engineering will perform the following additional work to prepare this
project for bidding in the Fall of 2023 (or have shelf-ready if funding is not yet available):
Additional utility coordination with Southern CA Edison (SCE) to relocate existing
concrete encased electrical facilities and relocate street light. Continued coordination
with other utility agencies based on updated design/timeline.
o To be completed under Existing Task 2.1 – Utility Coordination
Recertification of Right of Way (ROW) with Caltrans Local Assistance at the time of
the submittal of the RFA for CON. Construction is anticipated to take 18-24 months
and Temporary Construction Easements are set to expire in July 2025, therefore if
recertification of ROW is beyond 2023, then extension of TCEs a second time will
likely be required. TCE Extensions are not included in this amendment request.
o To be completed under Existing Task 2.5 – Final Design ROW Support
Re-evaluate channel hydrology and revise channel improvements to improve
aesthetics, stay within ROW, and look as natural as possible given the hydraulic
needs. Re-evaluate the proposed drainage system and secondary flood plain near
Bogert Trail with updated storm water data and design standards.
o To be completed under Existing Task 2.7 – Final Hydrology Analysis
Additional structural work to remove and replace existing masonry retaining wall and
revise the warped wing wall design per the channel grading changes. Grading
revisions to the northern/southern berms, and channel bottom to reflect channel
hydrology analysis. Berm grading revisions to conform to the existing dirt access
road that runs north/south through the channel area. Stage construction plan revisions
to ensure Bogert Trail accessibility in both directions throughout construction.
o To be completed under Existing Task 2.8 – Final Design Revisions
As summarized in the table below, our total additional fee for completing the work described
herein will be Ninety-Three Thousand Nine Hundred Seventy-Nine Dollars and Sixty Cents,
$93,979.60. We will proceed with this work upon receipt of notice to proceed from the City.
Item 1I - 13
110 Blue Ravine Road, Suite 200 Folsom, CA 95630 Tele: 916 858-0642 Fax: 916 858-0643
Task No. - Description Estimated Hours Estimated Cost
Task 2.1 – Utility Coordination 120 $16,888.30
Task 2.5 – Final Design ROW Support 60 $9,738.30
Task 2.7 – Final Hydrology Analysis 160 $25,425.40
Task 2.8 – Final Design Revisions 240 $41,927.60
Totals 580 $93,979.60
Thank you for the continued opportunity to provide engineering services for the City of Palm
Springs. Please don’t hesitate to call my cell at (858) 276-9726 if you have any questions.
Sincerely,
Michael Greer, PE, TE
Dokken Engineering Project Manager
Item 1I - 14
Sincerely ,
i~~
Michael Greer, PE, TEProject Roadway EngineerRob Burns, SEProject Structures EngineerShawn Kenney, EITProject Drainage EngineerAssociate EngineerAssistant Engineer$210.21 $214.50 $157.30 $163.02 $111.54Task 2.1 - Utility Coordination 10 10 40 60 120 $16,888.30 120 $16,888.30Task 2.5 - Revisit Design ROW Support 10 40 10 60 $9,738.30 60 $9,738.30Task 2.7 - Final Hydrology Analysis 20 100 20 20 160 $25,425.40 160 $25,425.40Task 2.8 - Revise Grading to Reflect Channel Hydrology Analysis 40 80 20 40 60 240 $41,927.60 240 $41,927.60TOTAL HOURS 80 80 130 140 150 580 580TOTAL COST $16,816.80 $17,160.00 $20,449.00 $22,822.80 $16,731.00 $93,979.60 $580.00 $93,979.60TOTALCOSTSOUTH PALM CANYON DRIVEAMENDMENT #2November 30, 2021OTHERDIRECTCOSTGRAND TOTAL COSTSOTHER DIRECT COSTSGRAND TOTAL HOURSTask DescriptionTOTALHOURSDOKKEN ENGINEERINGItem 1I - 15
ATTACHMENT 2
TO AMENDMENT NO. 2 TO A5701
FOLLOWS THIS PAGE
Item 1I - 16
EXHIBIT “C”
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work
as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or
pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion
of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor’s
statement of the work or tasks completed or portion performed, with supporting documentation. The
determination of payment due shall be made based upon the reasonable judgment of the Contract Officer.
Previous This New Task
Task Total Amendment Total
PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES
Task 1.0, Project Management
Task 1.1, Project Meetings $17,892.00 $17,892.00
Task 1.2, Project Report $2,080.00 $2,080.00
Task 2.0, Planning and Project Development
Task 2.1, Research and Data Gathering $3,136.00 $3,136.00
Task 2.2, Surveys $25,248.00 $25,248.00
Task 2.3, Hydraulic & Scour Report $12,240.00 $12,240.00
Task 3.0, Preliminary and Concept Plans
Task 3.1, Geometric Approval Drawings $7,680.00 $7,680.00
Task 3.2, Right-of-Way Investigations $9,560.00 $9,560.00
Task 3.3, Structure Type Selection $6,020.00 $6,020.00
Task 3.3, Project Report $3,704.00 $3,704.00
Task 4.0, Environmental Approval
Task 4.1, Preliminary Environmental Study (PES) Form $7,096.00 $7,096.00
Task 4.2(a), Biological Resources $10,440.00 $10,440.00
Task 4.2(b), Cultural Resources $23,272.00 $23,272.00
Task 4.2(c), Air Quality Report $10,112.00 $10,112.00
Task 4.2(d), Noise Analysis $12,112.00 $12,112.00
Task 4.2(e), Section 4f Analysis $6,568.00 $6,568.00
Task 4.2(f), Initial Site Assessment (ISA) $7,236.00 $7,236.00
Task 4.2(g), Water Quality Assessment $6,456.00 $6,456.00
Task 4.2(h), Location Hydraulic Study $5,280.00 $5,280.00
Task 4.2(i), Floodplain Evaluation Report $20,560.00 $20,560.00
Task 4.2(j), Biological Assessment (optional) $13,112.00 $13,112.00
Task 4.2(k), Section 7 Consultation (optional) $11,696.00 $11,696.00
Task 4.2(l)(1), Focused Survey - Casey’s June Beetle (optional) $7,500.00 $7,500.00
Task 4.2(l)(2), Focused Survey – Burrowing Owl (optional) $6,600.00 $6,600.00
Task 4.2(l)(3), Focused Survey – Ground Squirrel (optional) $7,500.00 $7,500.00
Task 4.2(m), Archaeological Phase 1.5 Testing (optional) $42,600.00 $42,600.00
Task 4.3, Environmental Document
Task 4.3(a), Draft Environmental Document $40,488.00 $40,488.00
Task 4.3(b), Respond to Comments/Obtain Approval $6,336.00 $6,336.00
Task 4.3(c), Mitigation Monitoring Plan $2,376.00 $2,376.00
Task 4.3(d), Final Administrative Record $10,688.00 $2,376.00
Phase 1 Subtotal $345,588.00 $345,588.00
Item 1I - 17
EXHIBIT “C”
SCHEDULE OF COMPENSATION
Previous This New Task
Task Total Amendment Total
PHASE 2 - CIVIL ENGINEERING DESIGN
Task 1.0, Final Design Reports and Studies
Task 1.1, Geotechnical Design Report $53,100.00 $53,100.00
Task 1.1, Right-of-Way Services $35,000.00 $35,000.00
Task 2.0, Plans, Specifications & Estimate (PS&E)
Task 2.1, Utility Coordination $15,664.00 $16,888.30 $32,552.30
Task 2.2, 35% Details $68,900.00 $68,900.00
Task 2.3, 60% Details $57,840.00 $57,840.00
Task 2.4, 95% PS&E $64,950.00 $64,950.00
Task 2.5, 100% PS&E & ROW Support $83,136.00 $9,738.30 $92,874.30
Task 2.6, CLOMR/LOMR $7,760.00 $7,760.00
Task 2.7, Final Hydrology Analysis $10,000.00 $25,425.40 $35,425.40
Task 2.8, Final Design Revisions $15,000.00 $41,927.60 $56,927.60
Task 3.0, Environmental Permitting
Task 3.1a, Section 1602 Streambed Alteration Agreement $6,944.00 $6,944.00
Task 3.2, Photographic Renderings $20,000.00 $20,000.00
Task 3.3, Final Design Presentation $7,500.00 $7,500.00
Task 4, Construction Bidding Phase Support $2,672.00 $2,672.00
Phase 2 Subtotal $448,466.00 $93,979.60 $542,445.60
Grand Total of Amended Contract $794,054.00 $93,979.60 $888,033.60
END OF EXHIBIT “C”
Item 1I - 18