HomeMy WebLinkAboutC23110 Amendment Omnis Inc. - Hwy 111 Sidewalk Improvements 697-05CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Amend Contract No. C23110
Design of the Highway 1mnis, Inc. of Chino11H'ISidewalkr
Engineering Services in the g
Improvements (Project No. 697-05) adding improvements at Plaza
Way.
SUBMITTED BY: Mark Greenwood, P.E., City Engineer
APPLICANT: Omnis Inc.
16260 Da Vinci Drive
Chino Hills, CA 91709
DATE: February 10, 2005
CONTENTS: AmendedProposal
Scope of Services and Fee
Contract No. C23110
Recommendation:
By Minute Motion:
1. Approve an amendment to Contract No. C23110 in the amount of
$8,600.00 to Omnis, Inc., of Chino Hills, CA, for design and engineering
services to lengthen a left -turn pocket and eliminate a cross gutter.
2. Approve 10% Contingency in the amount of $860.00;
3. Authorize the Mayor to execute the amended agreement.
Discussion:
On October 28, 2004 the City Council awarded a contract to Omnis Inc. to design
sidewalks along four different segments of Highway 111 between Plaza Way and
Larkspur Lane.
At the intersection of Plaza Way and Highway 111, staff has noticed a problem
with the left turn movement from westbound Highway 111 onto Plaza Way. The
traffic has been observed stacking from the intersection all the way through the
left turn pocket and into the through travel lanes. Part of the problem is with the
relatively short length of the left turn pocket, and part of the problem is caused by
a cross gutter which creates a significant dip. The dip slows traffic considerably,
leaving cars in the intersection after the signal changes; the numerous scrape
marks in the asphalt indicate that vehicles are also being damaged.
Staff Report
February 10, 2005
Page2of2
Staff recommends that while work is already being done in the area, it would be
prudent to mitigate the existing problems by eliminating the cross gutter, and
extending the left turn pocket to increase stacking capacity.
Funds are available for this work in the public works curb, gutter, and cross gutter
accounts: 110-4312-433-3320 and 110-4313-433-3320.
Therefore, staff recommends that City Council authorize the Mayor to execute an
amendment to the agreement with Omnis Inc. for Professional Engineering
Services for the above -mentioned work.
Submitted B
Mark Gre : nwood, P
City Engineer
Approval:
Homer Croy
ACM for Developm nt Services Finance Director
Department Head:
Michael Errante, P.E.
Director of Public Works
Carlos Orte
City Manager
/dhl
g-
G:1Pub Works\Staff Reports120051February 101Amend Omnis contract to add sidewalk improvements Plaza Way.doc
January 12, 2005
Mr. Phil Joy
Transportation Planner
City of Palm Desert
Public Works Department
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Subject: Proposal for Engineering and Design Services for
Median and Intersection Improvements on
Highway 111 at Plaza Way
Dear Mr. Joy:
Omnis Inc. is pleased to present this proposal for engineering design services for the subject median
improvements on Highway 111 east of Plaza Way and intersection improvements at the Highway
111 and Plaza Way intersection. We understand the project to include the lengthening of the existing
westbound left turn pocket on Highway 111 at Plaza Way and the elimination of the cross gutter at
the southerly leg of the Highway 111 and Plaza Way intersection.
Mr. John Gabor will serve as Project Manager for our team and will be the sole point of contact for
the City for day to day operations and coordination with Caltrans and affected utility
companies/agencies. Our team will include KDM Meridian, our subconsultant, for the topographic
survey. As an optional service, our team may also include the services of Kobata Associates as our
landscape architect subconsultant for the re -landscaping of areas affected by the raised landscaped
median.
A title sheet and improvement plans will be prepared on standard City titleblock and we understand
that this project may be combined with the City's sidewalk improvement project along the south side
of Highway 111. We will also prepare special provisions in the City's format.
We have the resources in -place to immediately begin the design of your project with your
authorization.
We appreciate the City's consideration of Omnis Inc. and we are looking forward to working with
you and the City of Palm Desert. Should you have any questions or wish to discuss any part of this
proposal, please feel free to call me at 909-633-8235.
Sincerely,
Omnis Incorporated
John Gabor
Project Manager
SCOPE OF WORK
Task 1.0 Project Management
1.1 Meetings
Our project manager will attend meetings as necessary with City staff to discuss design criteria
and constraints and present our design of the proposed improvements in an effort to expedite
the review process and efficiently complete the design plans and special provisions for bidding
by the City.
Deliverables: Meeting agendas and meeting minutes.
1.2 Utility Coordination
Our project manager will be responsible for mailing initial utility notifications to all utility
companies/agencies that have facilities within the project limits making them aware of the
upcoming construction activities and requesting copies of their maps, plans, and/or sketches of
their existing and/or proposed facilities within the project limits. We will coordinate directly
with the utility companies/agencies on behalf of the City for the relocation and/or adjustment of
their facilities. We will send out copies of progress submittals to affected utility companies and
notify them of the approximate project construction schedules.
Deliverables: Copies of all correspondence and utility log.
1.3 Caltrans Coordination
Our project manager will be responsible for all coordination with Caltrans including
preparation of the encroachment permit applications, monitor Caltrans' review period(s),
meeting with Caltrans staff as necessary on behalf of the City, and responding to Caltrans'
comments on the design plans.
Deliverables: Copies of all correspondence including encroachment permit application(s) and
plan check comments from Caltrans.
Task 2.0 Preliminary Investigation
2.1 Topographic Survey and Mapping
KDM Meridian, our survey subconsultant, will perform topographic surveys including all
existing surface improvements from the intersection of Highway 111 and Plaza Way to a
minimum of 400 feet east of the intersection with cross -sections taken at a 25-foot interval
extending from curb to curb to allow a proper design of the median profile. Additionally, grid
grades will be taken at a 10-foot maximum spacing a minimum of 25 feet north and south of
the existing cross gutter at the southerly leg of the Highway 111 and Plaza Way intersection to
allow a proper design of the cross gutter elimination. The record street centerline and right-of-
way will be established from found survey monumentation and available recorded maps.
Property line information from Title Reports will be shown if provided by the City.
2.2 Research and Information Gathering
We will research and obtain copies of available record plan information for the project location
at both the City and Caltrans.
2.3 Base Mapping
Base maps will be prepared on City titleblock conforming to Caltrans' format requirements
such as plan scale, text heights, etc. Subsurface utilities will be plotted on the base map from
information provided by utility companies and agencies.
2.4 Site Investigations
After the topographic survey and base mapping is complete, we will review the project site in
detail in the field to ensure that all surface culture pertinent to the design of the proposed
improvements is inventoried and design constraints will be identified and noted.
Task 3.0 Preliminary Design
3.1 Preliminary Design Concepts
Preliminary design concept plan will be prepared for the proposed median and intersection
improvements with the City providing the desired left turn pocket length. The concept plans
will include a layout of the proposed median curbs and striping and the disposition of all
known existing public and private improvements in addition to the proposed curb and gutter
profile grades for the cross gutter elimination.
Deliverables: Up to 5 sets of preliminary plans (24" x 36" bond).
3.2 Preliminary Construction Cost Estimates
Preliminary construction cost estimates will be prepared complete with the City's typical bid
items, quantity estimates, unit costs, and appropriate contingencies.
Deliverables: Cost estimate spreadsheets with back-up quantity take -off calculations.
Task 4.0 Final Design
4.1 Final Design Plans
Final design plans will be prepared incorporating comments from City staff on the concept
plans. The plans will include appropriate dimensions, construction notes, details, etc. to
adequately describe the proposed median plan and profile, intersection improvements,
pavement striping, and irrigation modifications if necessary. The disposition of existing utilities
and private improvements will be noted with input from City staff.
Deliverables: Up to 5 sets of preliminary plans (24" x 36" bond).
4.2 Special Provisions
We will prepare project special provisions in the City's format using a digital sample provided
by the City. The special provisions will be submitted along with the final design plans.
Deliverables: Project special provisions in the City's format.
4.3 Final Construction Cost Estimates
Final construction cost estimates will be prepared complete with the City's typical bid items,
quantity estimates, unit costs, and appropriate contingencies.
Deliverables: Cost estimate spreadsheets with back-up quantity take -off calculations.
Task 5.0 Finalize PS&E
We will incorporate final comments from City staff and Caltrans into a final set of plans and
special provisions for bidding by the City.
Deliverables: Final plans plotted on mylar stamped and wet -signed by a licensed Civil
Engineer. Final special provisions stamped and wet -signed by a licensed Civil Engineer. CD
containing final plans (AutoCad), special provisions (MS Word), and cost estimate
spreadsheets (MS Excel).
Optional Services
Landscape and Irrigation Plans
If necessary, we can retain Kobata Associates as our landscape architect subconsultant for
landscape modifications at the proposed median improvements for an additional fee.
City of Palm Desert
Fee Proposal
Engineering and Design Services for Median Improvements on
Highway 111 at Plaza Way
Project
Project
CAD
KDM
Manager
Engineer
Technician
Meridian
Task/Subtask
$120
$120
$75
Surveying
Subtotals
Task 1.0 Project Management
1.1 Meetings
2
2
$480
1.2 Utility Coordination
2
$240
1.3 Caltrans Coordination
4
$480
Subtotal Hours =
8
2
0
10
Subtotal ($) =
$960
$240
$0
$0
$1,200
Task 2.0 Preliminary Investigation
2.1 Topographic Survey and Mapping
$1,000
$1,000
2.2 Research and Information Gathering
2
$240
2.3 Base Mapping
8
$600
2.4 Site Investigations
2
$240
Subtotal Hours =
2
2
8
12
Subtotal ($) =
$240
$240
$600
$1,000
$2,080
Task 3.0 Preliminary Design
3.1 Preliminary Design Concepts
8
8
$1,560
3.2 Preliminary Construction Cost Estimates
2
2
$390
Subtotal Hours =
0
10
10
20
Subtotal ($) =
$0
$1,200
$750
$0
$1,950
Task 4.0 Final Design
4.1 Final Design Plans
8
12
$1,860
4.2 Special Provisions
2
$240
4.3 Final Construction Cost Estimates
2
$240
Subtotal Hours =
0
12
12
24
Subtotal ($) =
$0
$1,440
$900
$0
$2,340
Task 5.0 Finalize PS&E
2
4
4
10
Subtotal ($) =
$240
$480
$300
$1,020
Total Hours by Classification =
12
30
34
76
Total ($) by Classification =
$1,440
$3,600
$2,550
$1,000
$8,600
CONTRACT NO. cod31ID
AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of October,
2004, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY" and Omnis Inc, hereinafter referred to as
"ENGINEER".
WITNESSETH:
WHEREAS, ENGINEER is a corporation, the principal members of which are
Professional ENGINEERS duly registered under the laws of the State of California; and
WHEREAS, CITY desires to engage ENGINEER to render certain technical and
professional engineering services as set forth in Exhibit "A" (Engineer's Proposal of
Services) in connection with the design of Hwy. 111 Sidewalks, Project: 697-05.
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage ENGINEER to perform the technical
and/or professional services as hereinafter set forth.
(2) ENGINEER 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.
CONTRACT NO. C 3 I t t
(3) Ali 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 ENGINEER without charge by CITY and CITY
shall cooperate in every way reasonable in the carrying out of the work without delay.
(4) ENGINEER 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
ENGINEER 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 ENGINEER to proceed.
(7) The ENGINEER 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 ENGINEER shall review and receive the Director of Public Works approval
of the details of work as it progresses. The Registered Civil Engineer hereby
designated by the ENGINEER as its representative for supervision of the work required
by this Agreement is No& Zemla R.C.E. No. 57047.
(8) The ENGINEER 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,
2
G:\PubWorks\Phil Joy\word files\dsgn agrtmt hwy 111 sw Omnis.doc
CONTRACT NO. CI 3 14 o
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 ENGINEER's services, in the sole
judgment of CITY, are unsatisfactory or because of the ENGINEER'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 ENGINEER shall be paid the reasonable
value of the services rendered, based upon ENGINEER's standard hourly rates, up to
the time of the termination. The ENGINEER 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 ENGINEER 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 ENGINEER. In the event CITY andENGINEER permit the re -use or other
use of the plans, specifications, reports or other design documents, CITY shall require
G:\PubWorks\Phil Joy\word files\dsgn agmnt hwy 111 sw Omnis.doc
CONTRACT NO. C- 3 t i
the party using them to indemnify and hold harmless CITY and ENGINEER regarding
such re -use or other use, and CITY shall require the party using them to eliminate any
and all references to ENGINEER from the plans, specifications, reports and other
design documents.
(11) The ENGINEER 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 ENGINEER shall be made except by supplemental authority in writing between
CITY and the ENGINEER. 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 ENGINEER,
if any.
(13) In connection with the execution of this Agreement, the ENGINEER
shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex or national origin. The ENGINEER 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 ENGINEER.
(14) The CITY agrees to pay the ENGINEER for the work required by
this Agreement on the following basis:
G:\PubWorks\Phil Joy\word files\dsgn agmnt hwy 111 sw Omnis.doc
CONTRACT NO. C.1-31
ENGINEER shall submit invoices monthly for services performed in the
previous month not to exceed the total contract amount of: $49,000.00 (Forty -Nine
Thousand: 00/100 ONLY). CITY agrees to pay all undisputed invoices within thirty
(30) days of receipt of invoice. CITY agrees to notify ENGINEER of disputed invoices
within fifteen (15) days of receipt of said invoice.
(15) The ENGINEER agrees to complete the work and submit the Final
Design engineering 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 ENGINEER without written consent of the
CITY.
(18) The ENGINEER 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
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
G:\PubWorits\Phil Joy\word files\dsgn agmmt hwy 111 sw Omnis.doc
CONTRACT NO. C at3 I «
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 ENGINEER 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 ENGINEER further
covenants that in the performance of this work no person having any such interest shall
be employed by the ENGINEER.
(20) The ENGINEER 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 ENGINEER, its agents or employees, while engaged in the performance
of this Agreement. The ENGINEER 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;
(c) Exhibit "A" (Engineer's Proposal of Services, and any written
modifications thereto).
6
G:\PubWorks\Phil Joy\word files\dsgn agnnnt hwy 111 sw Omnis.doc
CONTRACT NO. e a3 I c a
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT
Company Name
Municipal Corporation
Jean Benson, Mayor
Date:
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Michael P.E.
Director Of Public Works
David J. Erwin, City Attorney
Authorized Signature
Date:
7
G:\PubWorks\Phil Joy\word fites\dsgn agrm,t hwy 111 sw Omnis.doc