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City Council Staff Report
Date: May 19, 2010 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT NO. 4780 WITH DOKKEN ENGINEERING FOR BRIDGE
AESTHETIC DESIGN SERVICES, AND OUTLINING AN
ARCHITECTURAL REVIEW PROCESS FOR THE BELARDO ROAD
BRIDGE & ROADWAY WIDENING, CITY PROJECT NO. 87-49
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of this item will add necessary professional services to the Dokken
Engineering contract to coordinate preparation of conceptual and final bridge aesthetic
design into the bridge structural plans for the project.
RECOMMENDATION,-
1 Approve Amendment No. 2 to Agreement No. 4780 with Dokken Engineering, in
the amount of $20,000 for a total revised contract amount of $448,640 for the
Belardo Road Bridge and Roadway Widening, City Project No. 87-49; and
2) Direct staff to process the preliminary bridge aesthetic design concept approval
pursuant to Architectural Review guidelines including consultation with the Indian
Planning Commission and Tribal Council; and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On October 1, 2003, the City Council approved Agreement No. 4780 with Dokken
Engineering for the design phase of the Belardo Road Bridge and Roadway Widening,
City Project No. 87-49. This project will extend Belardo Road across Tahquitz Creek
with a new bridge, and complete missing segments of Belardo Road between Sunny
Dunes Road and South Palm Canyon Drive. The project is a joint cooperative effort
between the City and the Agua Caliente Band of Cahuilla Indians ("Tribe").
ITEM NO.
City Council Staff Report
May 19, 2010 - Page 2
Amendment No. 2 to Agreement No. 4780
City and Tribal staff have been working for many years to deliver this project. Most
recently, the environmental phase was completed and the Council adopted the
Mitigated Negative Declaration on May 27, 2009. The Tribe is now pursuing acquisition
of rights-of-way for the Project on behalf of the City, and the City is now completing the
final design.
On January 6, 2010, the City Council approved Amendment No. 1 to this agreement, to
add coordination with environmental permits, environmental specifications, and
mitigation monitoring and reporting during construction. These services were not
included in the original scope of the agreement with Dokken Engineering (as the extent
of the required environmental permits and mitigation was not previously known).
The Public Works and Engineering Department recognizes the value that aesthetic
enhancement has on public facilities, such as bridges. Given the importance of the new
Belardo Road bridge to the City and Tribe, staff considered incorporating the Tribe's
Native American cultural influence into the bridge aesthetics for this project. During
preliminary discussions with Tribal Planning staff regarding the need for an aesthetic
design on this project, it was recommended that the artist the Tribal Council had
selected for the aesthetic design of the Bob Hope Drive / Ramon Road — Interstate 10
Interchange project should be used. The artist, Carolyn Braaksma of Braaksma Design
Inc. (Denver, Colorado), has wide ranging experience providing art commissions for the
public sector. Additional information about the artist is available on the artist's website:
braaksmadesign.com.
Staff has negotiated a scope and fee for the required services, and has prepared a
contract amendment to add the required services to Agreement No. 4780. It is
recommended that Council approve Amendment No. 2 to Agreement No. 4780 to allow
staff to incorporate bridge aesthetic design into this project.
In prior discussion with the City Council at the May 5, 2010, meeting regarding the
bridge aesthetic design for the Bogert Trail bridge, a question of processing review of
bridge aesthetics was raised. As outlined in the May 5, 2010, staff report, Chapter
91.00.05 (B) of the Palm Springs Zoning Code (PSZC) establishes that "A street...right-
of-way, water course, drainage channel or body of water included on the zoning map
shall, unless otherwise indicated, have no zoning and shall not be used or improved for
other than the purpose for which they exist. Under this provision of the PSZC, the
Director of Planning Services has determined that as the public right-of-way itself has
no zoning, any improvements within the right-of-way fall under the discretion of the
Public Works and Engineering Department and are outside the realm of the PSZC and
its procedures (such as architectural review).
This determination is generally supported by the provisions of Chapter 94.04.00
"Architectural Review" of the PSZC, which defines the types of projects requiring
architectural review by the City. Summarized here, architectural review is required for:
a. All industrial, commercial, professional and residential structures and related
landscape areas;
City Council Staff Report
May 19, 2010- Page 3
Amendment No. 2 to Agreement No. 4780
b. Hillside developments, including all structures, grading, landscaping, and exterior
lighting;
c. Churches, governmental buildings and hospital and health facilities;
d. Mobilehome parks and recreational vehicle parks;
e. Tennis courts;
f. Designated historic sites,
g. Entrance features and gates.
As cited in the PSZC, architectural review is required "Before any building or structure
or landscape area (involving the projects defined above) is erected, constructed,
altered, moved, remodeled or repainted a color different than that existing...". In the
case of most public works transportation projects located in the public right-of-way such
as this one, the project itself does not involve an industrial, commercial, professional or
residential building or structure requiring architectural review.
However, the Public Works and Engineering Department recommends that for highly
visible public works transportation projects that may have aesthetic enhancement,
including landscaping, that some form of architectural review occur to allow review and
recommendation of proposed aesthetics prior to the City Council's final approval.
Absent an amendment to the PSZC, for this project staff recommends that the City
Council direct the Public Works and Engineering Department to follow the procedure
outlined below for review of the preliminary aesthetic design concepts for this project,
noting that consultation with the Indian Planning Commission and Tribal Council should
be allowed for this project given their role in this project and the nature of the aesthetic
concepts relating to their Native American cultural influence.
1. Indian Planning Commission review/comment
2. Tribal Council review/comment
3. Architectural Advisory Committee review/comment
4. City Council approval
Upon approval of the preliminary aesthetic design concepts by the City Council, final
engineering details for them would be incorporated into the bridge structural plans for
bidding.
FISCAL IMPACT:
Sufficient funding is available in account 134-4498-50169. This project has been
funded entirely with federal funds and Local Measure A funds; no miscellaneous
General Fund revenue has been used for this project.
City Council Staff Report
May 19, 2010 - Page 4
Amendment No. 2 to Agreement No. 4780
SUBMITTED:
Prepared by: Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wil "n, Asst. City Manager David H. Ready, nager
Attachments:
1. Amendment No. 2 to Agreement No. 4780
A�
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO, 4780
WITH DOKKEN ENGINEERING
BELARDO ROAD BRIDGE & ROADWAY WIDENING, CP #87-49
The following articles of Agreement No. 4780 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is amended to Four Hundred Forty-Eight Thousand
Six Hundred Forty Dollars ($448,640.00).
SCOPE OF SERVICES (Exhibit "A") — Exhibit"A" is amended as follows:
See attached sheet.
SCHEDULE OF COMPENSATION (Exhibit"C") — Exhibit "C" is amended as follows:
See the attached revised Exhibit 'C
Purchase Order Number(s): 416389
Agreement Number: 4780
Original City Council Approval: October 1, 2003
Original Minute Order: 7382
Original Contract Amount: $ 325,000
Amount of Previous Increase(s) $ 103,640
Amount of This Increase $ 20,000
Amended Total: $ 448,640
Account Number(s): 134-4498-50169 $20,000
SIGNATURES ON LAST PAGE
Except as specifically amended by this Amendment No. 2, all terms and provisions of
Agreement No. 4780 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
By:
City Clerk By:
City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: OOKKEN ENGINEERING
Check one:_Individual_Partnership_A_Corporation
Corporations require two notarized signatures: One signature must be from the 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).
By: 8y:
Notarized Signature of Chairman of l3oard, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst treasurer or Chief Financial Officer
Name: Name:
Title: `` Title:
State of f State of
County of Iss County of 15s
On before me, On before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be
the person(s) whose name(s) istare subscribed to the within the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/shelthey
executed the same in his/herithelr authorized capacily(ies), executed the same in hislhedtheir authorized capacity(ies),
and that by hislherltheir signature(s) on the instrument the and that by hlsrher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument, acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and Stale of California that the foregoing paragraph is true and
correct. correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
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EXHIBIT "A"
SCOPE OF SERVICES
Add the following Phase 2, Task 6.3, Bridge Aesthetic Design:
Task 6.3 Bridge Aesthetic Design — Contractor shall coordinate preparation of bridge
aesthetic design to be incorporated as a part of the bridge structural plans as follows:
Prepare Preliminary Artistic Enhancements — Prepare initial schematic/conceptual
renderings of artistic enhancement details in jpeg form. The details shall include
location of enhancement, proposed material of enhancement and written narrative
summarizing the enhancements to the project. This information will be provided as an
initial submittal to the City and the Public Art Commission for review and comment.
Review and Respond to Comments — Contractor shall review the City's comments and
complete a Comment Response Form, which shall be returned to the City with any
updated details as requested or needed.
Prepare Final Artistic Enhancements — After approval of preliminary artistic
enhancements by the City, Contractor shall prepare final artistic enhancement details in
CAD or pdf form that will be incorporated into the bridge structural plans.
END OF EXHIBIT "A"
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.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES
Task 1.0 Pro'ect Mana ement $ 17,300.00
Task 2.0, Design Survey Mapping $ 44 900.00
Task 3.0 Geotechnical Reports $ 18,300.00
Task 4.0, Preliminary Engineering Report
Task 4.1, Draft Preliminary Engineering Report $ 59,100.00
Task 4.2 Final Preliminary Engineering Report $ 13,600.00
Task 8.0 Utility Coordination 1 900.00
Phase 1 Subtotal $ 155,100.00
PHASE 2 - FINAL ENGINEERING DESIGN (PSBE)
Task 1.0 Pro'ect Management $ 17,3D0.00
Task 5.0, Roadway PS&E
Task 5.1, Roadway PS&E (70%) $40,200.00
Task 5.2, Roadway PS&E (100%) $ 14,400.00
Task 5.3, Roadway PS&E (Final) $4,500.00
Task 6.0, Structures PS&E
Task 6.1, Structures PS&E (70%) $ 50,400.00
Task 6.2, Structures PS&E (Final) $ 28,200.00
Task 6.3, Bridge Aesthetic Design $ 20,000700
Task 7.0 Design Support During Construction $ 13,01)0.00
Task 8.0 Utility Coordination _ $ 1,900.00
Phase 2 Subtotal $ 189,900.00
PHASE 3— ENVIRONMENTAL MITIGATION AND MONITORING SERVICES
Task 1.0 Environmental Permittin $ 32,160.00
Task 2.0 Environmental Specification Review 9 970.00
Task 3.0 Mitigation Monitoring Plan 61 510.00
Phase 3 Subtotal $ 103,640.00
Grand Total $448,640.00
END OF EXHIBIT "C"