2005/12/13 City Council Resolution (13)RESOLUTION NO. 2005- 359
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH OMNI -MEANS
FOR DESIGN OF IMPROVEMENTS TO ROHNERT PARK EXPRESSWAY
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does
hereby authorize and approve an agreement by and between Omni -Means and the City of
Roluiert Park, a municipal corporation, for design of improvement to Rohnert Park
Expressway.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute this agreement in substantially similar form to the attached agreement and
any changes or amendments up to 10% cumulatively of the original contract amount for an
on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this date of December 13, 2005.
ATTEST:
90, "M 7 1 =-F,
CITY OF ROHNERT PARK
HNERT
i /FORNO
Mayor
BREEZE: AYE FLORES: AYE SMITH: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into on this date, December 13, 2005, by and between
the City of Rohnert Park, hereinafter referred to as the "City," and Omni- Means, Ltd., hereinafter
referred to as the "Consultant."
WHEREAS, the City requires engineering and environmental services for improvements
and rehabilitation of Rohnert Park Expressway; and
WHEREAS, the Consultant is qualified and experienced to provide such services_
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORD. Consultant shall perform those services described as Tasks in
the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames
stated therein.
2. COORDINATION. Consultant shall assign Doug Ries, to personally participate in
said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Standard Hourly Rates and Charges attached as Exhibit "B," the
total sum not to exceed $133,904. Progress payments will be tied to completion of tasks so all
payments are proportional to the work completed. Payment by City under this Agreement shall not
be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City. In
the event the City has not appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of
the current fiscal year; payment for additional work is conditional upon future City appropriation.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed
as follows:
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSI . The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13, INDEMNIFICATIQN. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence
or willful misconduct of City. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable by or for Consultant under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement.
14. IINSL RANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
15_ STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in its profession in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or incomplete
performance.
16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation
is brought against City in connection with Consultant's report. Unless the action is brought by
Consultant or is based upon Consultant's negligence, City will compensate Consultant for the
preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of
the litigation brought by City against Consultant. .
17. COOVENANT AGAIN$]: CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working 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, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or making this
Agreement. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability, or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
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agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus
or similar benefits City.provides its employees. In the event City exercises its right to terminate this
Agreement, Consultant expressly agrees that he/she shall have no recourse nor right of appeal under
rules, regulations, ordinances or laws applicable to employees.
26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes
and other obligations, including, but not limited to, state and federal income and FICA taxes.
Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to
the United States for to the State of California as a consequence of Consultant's failure to pay, when
due, all such taxes and obligations.
27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall
take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds.
28. C_ OMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work hereunder.
Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications
and approvals of whatsoever nature which are legally required for Consultant to practice
Consultant's profession and to do the work hereunder. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his/her profession and do the work contemplated by this Agreement.
29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared
or obtained under the Agreement shall be made available, upon request, to the City without
restriction or limitations on their use. Consultant may retain copies of the above- described
information but agrees not to disclose or discuss any information gathered, discussed or generated in
any way through this Agreement without the written permission of City during the tern of this
Agreement or until ninety (90) days after receipt of final payment from City.
30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were a product of a joint drafting effort and no provisions shall be
interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
31. EXECUTION. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement,
it shall not be necessary to produce or account for more than one such counterpart.
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EXHIBIT "A"
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
MBTT A PART 1
Rohnert Park Expressway Corridor Study
Scope of Work
A. Project Understanding
Project Understanding
This scope of work provides for the following services:
i A traffic study will be performed for Rohnert Park Expressway to determine if traffic operations
could be improved by modifying intersection lane channelization or by incorporating signal timing
and coordinationlinterconnection.
0 A rcpt t will be prepared to summarize the findings of the traffic analysis.
Q Proposed lane modifications will need to be incorporated into the project plans being prepared for
the Rohnert Park Expressway Rehabilitation/Resurfacing project.
• The existing traffic signal detection systems within the project limits will be analyzed and
recommendations will be made for locations which would benefit by converting to photo detection.
If recommendations are to install photo detection, it is anticipated that these improvements will be
incorporated into the project plans being prepared for the Rohnert Park Expressway
Rehabilitation/Resurfacing project.
Project Approach - The traffic study will be a focused analysis that will quantify the existing, short -term (10
year) and future (20 year) vehicular requirements of the corridor_ The 24 year traffic forecast data will be
required if modifications are made within State right of way_
Analysis Methodologies- Intersection analysis will be performed using Synchro software based on HCM2000
methodologies for both signalized and unsignalized intersections. Roadway analysis will be performed through
comparison of daily traffic volumes to roadway capacities.
Rohner! Park Expressway Corridor Study November 1, 2005
Scope of Work Page I P3403S-1_DOC
C. Optional Tasks
These optional tasks can be implemented by the City if they desire to include all the other street intersections
along the Rohnert Park Expressway corridor within the traffic study, from Ranch Verde Circle to Snyder Lane.
Task 2a Data Collection_ Additional data collection necessary to include the other street intersections along
Rohnert Park Expressway, from Ranch Verde Circle to Snyder Lane, not included in Task 2. The
additional intersections would include:
• Rohnert Park Expressway / Rancho Verde Circle
• . Rohnert Park Expressway / Labath Avenue
• Rohnert Park Expressway / Country Club Drive
• Rohnert Park Expressway 1 San Simeon Drive
• Rohnert Park Expressway / Snyder Lane
Task 3a Existine Conditions. Analysis. Additional analysis necessary to include the intersections listed in
Task 2a within the traffic study.
Task 4a Short Term (10 Years Improvement Recommendations. Additional analysis necessary to include
the intersections listed in Task 2a within the traffic study.
Task Sa Future (20 Year) Improvement Recommendations. Additional analysis necessary to include the
intersections listed in Task 2a within the traffic study.
Rohnen Park Expressway Corridor Study November 1, 2005
Scope of Work Page 3 P3403S -1.DOC
EMIT A PART 2
Scope of Work for Engineering-and Environmental
Services for the
Rohnert Park Expressway Rehabilitation
Surface Transportation grogram (STP) Project
in the City of Rohnert Park
A. Project Understanding
The City of Rohnert Park intends to rehabilitate/resurface Rohnert Park Expressway from the western
City limits to the eastern city limits, a distance of approximately 2.5 miles_ Construction of this project
will be funded with a combination of federal Surface Transportation Program (STP) funds and local City
match funds.
The improvements are to include:
• Rehabilitate/resurface Rohnert Park Expressway from Rancho Verde Circle to Snyder Lane.
• Obtain preliminary field data for the existing curb ramp grades and dimensions to verify
conformance with current Federal standards. A hard surface field survey will be conducted at
the existing curb ramps which are found not to conform with current Federal standards.
. Modify or replace existing curb ramps, within the project limits, to meet Federal standards_
Analyze potential for the installation of Class 11 bike lanes within the project limits.
• Incorporate lane geometric modifications recommended by traffic operations analysis being
prepared under a separate proposal.
• incorporate signal interconnect design, if recommended by the traffic operations analysis.
U. Scope of Work
The following Scope of Work describes the tasks necessary to provide engineering services for the design
of a Surface Transportation Program (STP) funded project for Rohnert Park Expressway rehabilitation
resurfacing in the City of Rohnert Park.
Task i - Funding Compliance and processing Assistance.
1.1 Prepare State Funding Agreement and Compliance with the Metropolitan
Transportation Commission (MTC) regulations
As required by the State Local Assistance Procedures Manual (LAPM) and Metropolitan Transportation
Commission (MTC) Regional Project Delivery Requirements, STP funds must be encumbered by an
approved State funding agreement. OMNI-MEANS will assist with the preparation of the Funding
Agreement package for the project, to be submitted by the City to the State for their approval- OMNI-
MEANS will also track MTC Regional Project Delivery Policy deadlines (MTC Resolutions NO. 3606)
to ensure timely project delivery against state and federal funding deadlines.
Rohnert Park Expressway Rehabilitation Pmjeei November 1, 2005
Scope of Work Page 1 p3380scp00Ldoc
3.2 Environmental Document.
OMNI - MEANS' environmental sub - consultant, Foothills Associates, will complete the environmental
documents required for the environmental review process under the California Environmental Quality Act
(CEQA), National Environmental Policy Act (NEPA) and obtain the required environmental approvals.
The environmental services budget assumes that a Categorical Exclusion will be the appropriate
environmental document for this project. It is not envisioned that any Special Studies will be required_
Task 4 - Preparation of Plans, Specifications and Estimate.
4.1 Plans, Specifications, and Estimate.
OMNI -MEANS will supply the City of Rohnert Park with plans, specifications and estimate for the
rehabilitation/resurfacing of Rohnert Park Expressway from the western City limits to the eastern city
limits (approximately 2.5 miles). Also as part of the project, a preliminary field survey will be conducted
to verify if the ramp grades and dimensions are in conformance with the current Federal standards. Hard
surface surveys will be conducted at those existing curb ramps found not in conformance with the current
Federal standards and those ramps will be modified or replaced to meet current Federal standards. The
project will be prepared in imperial units. For the limits within State right of way, dual units (both
imperial and metric) will be utilized, as required by Caltrans.
4.2 Data Collection.
4.2.1 Topographic Features.
Existing features will be compiled from aerial photographs, as -built drawings and topographic
mapping available from the City. Field surveying will not be performed.
4.2.2 Right -of -Way/ Property Information.
OMNI - MEANS will obtain and review Caltrans and City of Rohnert Park right -of -way
documents and assessor parcel maps in order to create the right of way and property line network.
This line work will be approximate only_ Field surveying will not be performed.
42.3 Preliminary Feld Survey (Curb Ramps).
OMNI -MEANS will perform a preliminary field survey, utilizing a smart level, to obtain curb
ramp grades and dimensions for the existing curb ramps within the limits of the project_ For
budget purposes, it is assumed that 40 existing single curb ramps are within the limits of the
project.
4.2.4 Hard Surface Field Survey (Curb Ramps).
OMNI -MEANS will perform a hard surface survey at those existing curb ramps found not in
conformance with the current Federal standards_ The survey data will be utilized in the design of
the modification or replacement of the existing curb ramp_ For budget purposes, it is assumed
that 20 existing single curb ramps will require hard surface surveys_
4.3 Supporting Studies.
4.3.1 Pavement Testing/Design.
The City will provide OMNI -MEANS with the proposed overlay limits, thicknesses and section
replacement design and limits, based on a report currently being completed by Applied Pavement
Technologies.
Rohnert Park Expressway Rehabilitation Project November 1, 2005
Scope of Work Page 3 p3380scp001.doc
4.6 PS4tE Approvals.
This task addresses the completion of the 100 percent PS &E through plan approval. It is anticipated that
two PS&E submittals will be required as part of this task to gain final plan approval.
110 Percent PS&E Submittal. Comments received on the 100 percent plan submittal will be
incorporated into the PS &E. The 100 percent PS &E will be resubmitted to the City for a back -
check and further review.
Final PUE ubmitrai: Comments received on the final plan submittal will be incorporated into
the PS &E. At this point the draft specifications will "then be resubmitted to the City for
signatures. One original mylar drawing set will then be provided to the City.
4.7 Obtain Caltrans Encroachment Permit.
OMNI -MEANS will prepare the Standard Caltrans Encroachment Permit .Application and forward it to
Caltrans along with the required final plans, specifications and cost estimate, for approval_ The City shalt
provide the appropriate fees, if required. For budgetary purposes, it is assumed that a Caltrans Permit
Engineering Evaluation Report (PEER) will not be required. If traffic operational changes are proposed .
within the Caltrans right of way, a PEER may be required by the State. If this becomes the case, OMNI-
MEANS can prepare die PEER, if required, under separate authorization_
C. Budget
OMNI -MEANS will conduct the above effort for a budget of $109,118. Please seethe attached budget
for a detailed breakdown of the tasks and costs involved.
OMNI -MEANS shall be paid for all "Reimbursable Expenses" per our standard rate schedule as follows_
Postage and Delivery
Reproduction expenses including blueprints and electrostatic copies.
Reimbursable expenses are included in the total budget number identified above_ Any additional services
provided by OMNI -MEANS will be separately authorized. OMM -MEANS will invoice monthly for
time and charges incurred.
EXHIBIT "B"
COMPENSATION RATES AND CHARGES
... ..........
EXHIBIT B
Fee Schedule
Professional Staff Rates
Project Manager
1 — 4
$110.00
to
$180.00/11r
Engineer
1 — 5
$62.00
to
$163.00/hr
Traffic Engineer
1 —5
$62.00
to
$16100/hr
Planner
1-4
$38.00
to
$123.00/hr
Surveyor
1-5
$38.00
to
$123.00/hr
Graphic Artist
1-2
$38.00
to
$93.00/hr
Designer
1 — 3
$38.00
to
$123.00/hr
Technician
1-4
$38.00
to
$107.00/hr
Clerical
1-3
$38,00
to
$84.00/hr
2- Person Survey Crew
$125.00
to
$175.00/hr
3- Person Survey Crew
$160.00
to
$235.00/hr
Reimbursable Charges
Reimbursable charges include, but are not limited to, in -house reproduction, travel subsistence, special
consultants, outside purchases and services, and other subcontracts. These are charged at 1.20 x cost.
RiiGng Rates
Billing rates include overhead, equipment, space rental, etc. Billing rates are subject to increases due to
union agreements and salary increases. Principal's time on projects is chargeable up to $190.00 per hour.
Expert Witness Rates
Deposition and trial testimony: $300 per hour, 4 -hour minimum. Meetings and preparation are at normal
professional staff rates.
Late Payment Charges
A late payment FINANCE CHARGE will be computed at the periodic rate of 1.5% per month, which is
an ANNUAL PERCENTAGE RATE of 18 %, and will be applied to any unpaid balance commencing 30
days after the date of the original invoice,
E_Q`ective July 8, 2005
943 Reserve Drive, Suite 100 ® Roseville, CA 95678 ® (916) 782 -8688 fox (916) 782 -8689
ROSEVILLE REDDING VISALIA WALNUT CREEK
EXHIBIT "C"
INSURANCE REQUIREMENTS
a.4:11c
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial
CG 0001).
General Liability coverage (occurrence form
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Minimum Limit of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage including operations, products and completed operations. If
Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses_
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as insureds
with respect to liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of the contractor; and with respect to liability arising out of work or operations
performed by or on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance, or as a separate
owner's policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees and volunteers.
Any insurance of self - insurance maintained by the City, its officers, officials, employees,
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the , and a duly
authorized representative of the firm of
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or
person in connection with carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date
Signature
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