HomeMy WebLinkAboutC23110 Omnis Inc. - Amendment Design of Hwy 111 Sidewalk Imprvmnts 697-05REQUEST:
SUBMITTED BY:
APPLICANT:
DATE:
CONTENTS:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Amend Contract No. C23110 to Omnis, Inc. of Chino Hills, CA, for
Engineering Services in the Design of the Highway 111 Sidewalk
Improvements (Project No. 697-05) adding improvements on
Rutledge Way
Mark Greenwood, P.E., City Engineer
Omnis Inc.
16260 Da Vinci Drive
Chino Hills, CA 91709
February 24, 2005
Vicinity Map
Engineer's Proposal
Amended Scope of Services and Fee
Contract No. C23110
Recommendation:
By Minute Motion:
1. Approve an amendment to Contract No. C23110 in the amount of
$4,000.00 to Omnis, Inc., of Chino Hills, CA, for design and engineering
services to construct a sidewalk on Rutledge Way.
2. Approve 10% Contingency in the amount of $400.00;
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 and amended the
contract on February 10, 2005 to include extra improvements at the Plaza Way
intersection.
The City of Palm Desert recently was awarded a grant of $30,000 from the Safe
Route to School Program to construct sidewalk on Rutledge Way. Since Omnis
is designing other sidewalks in the city, staff felt it would be appropriate to have
that firm include this segment in their contract.
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.
Staff Report — Amend Contract No. C23110
Page 2of2
February 24, 2005
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 By:
Mark Greenwood, P.E.
City Engineer
Approval:
o"er Croy
ACM for De
Carlos Orteg
City Manage
'pi
Department Head:
Fog'
Michael E rante, P.E.
Director of Public Works
Paul Gibson
pment Services Finance Director
Ilwin2k1groupslPubWorks\Stafl Reports120051February 241Amend Omnis contract to add Rutledge.doc
Contract No. C23110
Contract No. C23110
February 17, 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
Safe Routes to School Sidewalk Improvements at
Abraham Lincoln Elementary and Palm Desert Middle School
Dear Mr. Joy:
Omnis Inc. is pleased to present this proposal for engineering design services for the subject sidewalk
design at Abraham Lincoln Elementary and Palm Desert Middle School. We understand the project
to include the construction of approximately 440 lineal feet of sidewalk and the relocation of existing
interfering improvements along the west side of Rutledge Avenue south of Magnesia Falls Drive
joining the existing sidewalk improvements to the north and south.
Our scope of work will include the preparation of a base map from record plans and our field review.
A title sheet and improvement plan will be prepared on standard City titleblock and City Standard
Plans will be used where applicable. 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 909-631-8335.
Sincerely,
Omnis Incorporated
John Gabor
Project Manager
Contract No. C23110
City of Palm Desert
Fee Proposal
Engineering and Design Services for Safe Routes to School Sidewalk Improvements at
Abraham Lincoln Elementary and Palm Desert Middle School
Project
Project
CAD
KDM
Manager
Engineer
Technician
Meridian
Task/Subtask
$120
$120
$70
Surveying
Subtotals
Task 1.0 Project Management
1.1 Meetings
2
$240
1.2 Utility Coordination
2
$240
Subtotal Hours =
4
0
0
4
Subtotal ($) =
$480
$0
$0
$0
$480
Task 2.0 Preliminary Investigation
2.1 Research and Information Gathering
2
$240
2.2 Base Mapping
4
$280
2.3 Site Investigations
3
$360
Subtotal Hours =
2
3
4
9
Subtotal ($) =
$240
$360
$280
$0
$880
Task 3.0 Preliminary Design
3.1 Preliminary Design Concepts
2
2
$380
3.2 Right -of -Way Requirements
1
$120
3.3 Preliminary Construction Cost Estimates
1
$120
Subtotal Hours =
0
4
2
6
Subtotal ($) =
$0
$480
$140
$0
$620
Task 4.0 Final Design
4.1 Final Design Plans
4
6
$900
4.2 Special Provisions
2
$240
4.3 Final Construction Cost Estimates
1
$120
Subtotal Hours =
0
7
6
13
Subtotal ($) _
$0
$840
$420
$0
$1,260
Task 5.0 Finalize PS&E
2
2
4
8
Subtotal ($) =
$240
$240
$280
$760
Total Hours by Classification =
8
16
16
40
Total ($) by Classification =
$960
$1,920
$1,120
$0
February 17, 2005
1
$4,000
L,viv I iNU. l:,cd 3 J (�
Contract No. C23110
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.
CONT<Ac: NO. o °`
(3)
Contract No. C23110
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 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 Noel 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:\PubWodcs\Ahil Jay\word tiles dsgn agrrrnt hwy 111 sw Ornnis.doc
I NU. lid I \O
Contract No. C23110
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 and ENGINEER permit the re -use or other
use of the plans, specifications, reports or other design documents, CITY shall require
3
G:1Pu0Works\Phil Joy\word files\dsgn agmml hwy 111 sw Ornnis.doc
Contract No. C23110
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,
rIrdinances 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:
4
G:1PubWorks1Ph11 Joylword Nesldsgn agmml hwy 111 sw Ornnis.doc
�l.4 I\I - —
Contract No. C23110
ENGINEER shall submit invoices monthly for services performed in the
previous month not to exceed the total contract amount of: S49.000.00 (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 p-arties 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
5
G:\PubWorks\Phil Joy\word files\dsgn agmml hwy 111 sw Ormis.doc
Contract No. C23110
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 IflesWsgn agmml hwy 111 sw Orrnis.doc
Contract No. C23110
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT
Municipal Corporation
Company Name
Jean Benson, Mayor Authorized Signature
Date: Date:
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Michael Errante, P.E.
Director Of Public Works
David J. Erwin, City Attorney
7
G:'Pu6Worlcs\Phil Joy\word filesI.dsgn agmml hwy 111 sw Omnis.doc