HomeMy WebLinkAboutC24720 Design of Sidewalk Improvements Country Club 699-06CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C 24720 to Omnis, Inc. for Engineering
Services for the Design of Sidewalk Improvements on Country Club
Drive along the frontage of Palm Desert Greens (Project No. 699-06)
SUBMITTED BY: Mark Greenwood, P.E. City Engineer/Acting Director of Public Works
APPLICANT: Omnis Inc.
16260 Da Vinci Drive
Chino Hills, CA 91709
DATE: January 12, 2006
CONTENTS: Agreement
Engineer's Proposal
Engineer's Cost Proposal
Vicinity Map
Recommendation:
By minute motion:
1. Award Contract No. C24720 in the amount of $29,800.00 to Omnis, Inc.
for engineering design services for Sidewalk Improvements on Country
Club Drive along the frontage of Palm Desert Greens (Project No. 699-
06);
2. Approve a 10% contingency in the amount of $2,980.00; and
3. Authorize the Mayor to execute the subject agreement.
Discussion:
The Public Works Department identified the need for sidewalk improvements on the north
side of Country Club Drive along the frontage of Palm Desert Greens as a high priority.
Many of the residents within Palm Desert Greens walk for exercise or walk to the local
grocery stores on Country Club Drive. They currently walk through turf along the frontage
of Palm Desert Greens. The proposed sidewalk would connect to existing sidewalks to the
east and west of Palm Desert Greens.
Award Contract C
January 12, 2006
Page 2 of 2
24720 to Omnis, Inc.
Proposals were solicited from five engineering firms for the proposed design services. Four
firms were too busy to submit proposals and Omnis submitted the only proposal. The other
firms contacted were Coachella Valley Engineering, Dudek and Associates, Essi
Shahandeh and Feiro Engineering.
Even though only one proposal was received, staff feels that the proposed fee is
reasonable considering the utility coordination and right-of-way issues. Funds are
available in the Fund 400 sidewalk account. Staff is familiar and comfortable with both the
Project Manager and the Project Engineer, the latter of whom designed the San Gorgonio
Sidewalk with a former firm.
Therefore, staff recommends that City Council authorize the Mayor to execute an
agreement with Omnis, Inc. for engineering design services for the project.
Submitted By:
John A. Garcia, P.E.
Engineering Manager
Approval:
Homer Croy
ACM for Development Services
Carlos Ortega
City Manager
/rg/dhl
Department Head:
Mark Greenwood, P.E.
City Engineer/Acting Public Works Director
Paul Gibson
Director of Finance
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CONTRACT NO. C24720 C24720
AGREEMENT
THIS AGREEMENT, made and entered into this 12th day of Januarv, 2006., 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 Proiect: Palm Desert Greens Sidewalk
(Project 699-06).
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.
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CONTRACT NO. C24720 C24720
(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 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
authorized ENGINEER to proceed.
CITY's Director of Public Works has not
(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, P.E. 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
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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
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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:
4
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ENGINEER shall submit invoices monthly for services performed in the
previous month not to exceed the total contract amount of: $ 29,800.00
(Twenty -Nine Thousand Eiqht Hundred Dollars and 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.
CITY will retain Five Percent (5%) of each
invoice amount, to be released upon satisfactory completion of the terms of the total
contract agreement.
(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
5
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CONTRACT NO. C24720 C24720
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 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:
6
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CONTRACT NO. C24720 C24720
(a) This Agreement-,
(c) Exhibit "A" (Engineer's Proposal of Services, and any written
modifications thereto).
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT
Municipal Corporation
Jim Ferguson, Mayor
Date:
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Mark Greenwood, P.E.
City Engineer / Acting Director Of Public Works
David J. Erwin, City Attorney
Omnis Incorporated
Authorized Signature
Date:
7
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CONTRACT NO. C24720 C24720
EXHIBIT "A"
ENGINEER'S PROPOSAL
OF
SERVICES
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SCOPE OF WORK
Task 1.0 Proiect 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 specifications for
bidding by the City.
Deliverables: Meeting agendas and meeting minutes.
1.2 Utility Coordination
Our project designer 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.
Task 2.0 Preliminary Investi a� lion
2.1 Topographic Survey and Mapping
KDM Meridian, our survey subconsultant, will perform a topographic survey including all
existing surface improvements from the northerly curb of Country Club Drive to the
existing retaining wall at the back of the parkway (approximately 17 feet) to allow proper
design of match work on private property. Cross -sections will be taken at a 25-foot interval
extending from approximately 5 to 10 feet into the Country Club Drive roadway to the
existing retaining wall. The southerly curb of Country Club Drive and existing raised
median will be surveyed for planimetrics and reference purposes only. Special attention
will be paid at the two street intersections within the project limits and additional survey
detail will be provided at these locations. The record street centerline and right-of-way will
be established from found survey monumentation and available recorded maps.
2.2 Research and Information Gathering
We will research and obtain copies of available record plan information at both the City
and the County for the project location.
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2.3 Base Mapping
Base maps will be prepared on City titleblock conforming to City 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 Investigation
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, such as mail boxes, trees, planters, power poles, driveways, walls, etc. is
inventoried and design constraints will be identified and noted.
Task 3.0 Preliminary Design
3.1 Preliminary Design Concepts
Preliminary design concept plans will be prepared for the proposed sidewalk
improvements. The concept plans will include a layout of the proposed sidewalk and the
disposition of all known existing public and private improvements within the proposed
sidewalk location.
Deliverables: Up to 3 sets of preliminary plans (24" x 36" bond).
3.2 Right -of -Way Requirements
The existing right-of-way will be shown on the concept plans from available record maps.
The existing right-of-way will be evaluated and compared to the proposed improvements
including temporary construction and grading limits. A summary of any additional right-of-
way required to construct the proposed public improvement will be clearly shown on the
concept plans complete with dimensions and clear boundaries.
Deliverables: Copies of relevant record maps depicting the existing right-of-way.
3.3 Preliminary Construction Cost Estimate
A preliminary construction cost estimate will be prepared complete with the City's typical
bid items, quantity estimates, unit costs, and appropriate contingencies.
Deliverables: Cost estimate spreadsheet with back-up quantity take -off calculations.
Task 4.0 Final Design
4.1 Final Design Plans
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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 sidewalk, curb, gutter, grading, curb ramps, and retaining
walls or curbs if necessary. The disposition of existing utilities and private improvements
will be noted with input from City staff.
Deliverables: Up to 3 sets of preliminary plans (24" x 36" bond).
4.2 Specifications
We will prepare project specifications in the City's format using a digital sample provided
by the City. The specifications will be submitted along with the final design plans.
Deliverables: Project specifications in the City's format.
4.3 Final Construction Cost Estimates
A final construction cost estimate will be prepared complete with the City's typical bid
items, quantity estimates, unit costs, and appropriate contingencies.
Deliverables: Cost estimate spreadsheet with back-up quantity take -off calculations.
Task 5.0 Finalize PS&E
We will incorporate final comments from City staff into a final set of plans and
specifications for bidding by the City.
Deliverables: Final plans plotted on mylar stamped and wet -signed by a licensed Civil
Engineer. Final specifications will be stamped and wet -signed by a licensed Civil Engineer.
CD containing final plans (AutoCad), specifications (MS Word), and cost estimate
spreadsheets (MS Excel).
OPTIONAL SERVICES
Task 6.0 Legal Descrintions
As an optional service, we have estimated the preparation of 4 legal descriptions for
easements to be prepared by KDM Meridian, our survey subconsultant. Additional legal
descriptions can be provided at an additional cost.
Deliverables: Legal descriptions and sketches stamped and wet -signed by a licensed Land
Surveyor.
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PROJECT SCHEDULE
Engineering and Design Services for
Sidewalk Improvements on Country CIub Drive
Along the Frontage of Palm Desert Greens -Project No. 699-06
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Omnis Incorporated - Cost Proposal
Engineering and Design Services for
Sidewalk Improvements on Country Club Drive
Along the Frontage of Palm Desert Greens -Project No. 699-06
Task/Subtask
Task 1.0 Project Management
1.1 Meetings
1.2 Utility Coordination
Subtotal Hours =
Subtotal ($) _
Task 2.0 Preliminary Investigation
2.1 Topographic Survey and Mapping
2.2 Research and Information Gathering
2.3 Base Mapping
2.4 Site Investigation
Subtotal Hours =
Subtotal ($) _
Task 3.0 Preliminary Design
Project
Manager/ Project CAD KDM
Engineer Designer Technician Meridian
$120 $100 $75 Surveying Subtotals
6 4 $1,120
4 8 $1,280
10 12 0 22
$1,200 $1,200 $0 $0 $2,400
4 $8,870 $9,350
8 $800
4 24 $2,280
4 4 $880
12 12 24 48
$1,440 $1,200 $1,800 $8,870 $13,310
3.1 Preliminary Design Concepts 32 20 16 $7,040
3.2 Right -of -Way Requirements 4 $480
3.3 Preliminary Construction Cost Estimate 2 2 $390
Subtotal Hours = 38 20 18 76
Subtotal ($) = $4,560 $2,000 $1,350 $0 $7,910
JTask 4.0 Final Design
4.1 Final Design Plans
16
8
8
$3,320
k 4.2 Specifications
8
$960
4.3 Final Construction Cost Estimate
2
$240
j Subtotal Hours =
26
8
8
42
Subtotal ($) =
$3,120
$800
$600
$0 $4,520
Task 5.0 Finalize PS&E
Subtotal ($) _�
$960�
$400I
$3 OI
I $1,660�
Total Hours by Classification =
94
56
54
204
Total ($) by Classification =I
$11,28901
$5,600I
S4,050I
$8,870
Total Not -to -Exceed Fee n $29,800
Optional Services
Task 5.0 Legal Descriptions (4 total) 4 4
Subtotal ($) = S480 $0 $0 $3,940 $4,320
Vicinity Map
Palm Desert Greens Sidewalk