Loading...
HomeMy WebLinkAboutC35070 - On-call City Surveyor SvcsCONTRACT NO. C35070 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT REQUEST: AWARD CONTRACT NO. C 35070 FOR ON -CALL CITY SURVEYOR SERVICES TO MICHAEL BAKER INTERNATIONAL, INC., OF PALM DESERT, CALIFORNIA, FOR A TERM OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $120,000 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONSULTANT: Michael Baker International, Inc. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260 DATE: February 25, 2016 CONTENTS: Agreement Consultant's Proposal Recommendation By Minute Motion: 1. Award Contract No. C 35070 for On -Call City Surveyor Services to Michael Baker International, Inc., of Palm Desert, California, for a term of one (1) year in an amount not to exceed $120,000; 2. Appropriate $120,000 from unobligated general funds to Account No. 1104300-4301000, Professional - Architectural/Engineering; and 3. Authorize the Mayor to execute the contract. Background After the former City Surveyor retired in December of 2014, the position was advertised but no suitable replacement was found. Since then, the City has contracted with Michael Baker International, Inc., to provide the temporary surveying and mapping services. Since that contract is set to expire soon, a new Request for Proposals was advertised and nine proposals were received. The proposals submitted were reviewed by a selection committee of staff members who ranked the proposals on quality of the proposal, qualifications of the firm, qualifications of the firm's staff, and references. CONTRACT NO. C35070 Staff Report Award Contract for On -Call City Surveyor Services Page 2 of 2 February 25, 2016 Following are the top three firms in the order in which they were ranked by the selection committee. Consultant Location Michael Baker International, Inc. Palm Desert, CA The Altum Group Palm Desert, CA David Evans and Associates, Inc. Ontario, CA Based on this review, the selection committee recommends awarding the contract to Michael Baker International, Inc., to provide the on -call surveying services for one year. Fiscal Analvsis There is no fiscal impact beyond the cost of obtaining the surveying and mapping services. Prepared By: Bo Chen, P.E. City Engineer OY Paul S. 41:494n, Director of Finance 0 Depa e t ead: Mark a nwood, .E. Direct Public Works J-ram bert argre ves, City Attorney �Z� h M. Wohlmuth, City Manager CONTRACT NO. C35070 AGREEMENT THIS AGREEMENT, made and entered into this 251h day of February, 2016, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and MICHAEL BAKER INTERNATIONAL, INC., hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, the CONSULTANT is a corporation, the principal members of which are Professional ENGINEERS and/or SURVEYORS duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage CONSULTANT to render certain technical and professional engineering services as set forth in Exhibit "A" (Consultant's Proposal of Services) in connection with providing ON -CALL CITY SURVEYING SERVICES. NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage the CONSULTANT to perform the technical and/or professional services as hereinafter set forth for a term of one (1) year commencing on April 1, 2016, and continuing through March 31, 2017. (2) CONSULTANT 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. (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 CONSULTANT without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. CONTRACT NO. C35070 (4) CONSULTANT 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 the CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized, permitted or licensed 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 the CONSULTANT to proceed. (7) The CONSULTANT shall work closely with the CITY's Director of Public Works, or his designated representative, who shall act as the principal officer of the CITY. The CONSULTANT shall review and receive the Director of Public Works approval of the details of work as it progresses. The Registered Civil Engineer/Land Surveyor hereby designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is Christopher Alberts, L.S. No. 8508. (8) The CONSULTANT 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, 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 2 CONTRACT NO. C35070 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 CONSULTANT's services, in the sole judgment of CITY, are unsatisfactory or because of the CONSULTANT'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 CONSULTANT shall be paid the reasonable value of the services rendered, based upon CONSULTANT' standard hourly rates, up to the time of the termination. The CONSULTANT 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. (11) The CONSULTANT 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 CONSULTANT shall be made except by supplemental authority in writing between CITY and the CONSULTANT. 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 CONSULTANT, if any. (13) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for 3 CONTRACT NO. C35070 employment because of race, religion, color, sex or national origin. The CONSULTANT 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 CONSULTANT. (14) The CITY agrees to pay the CONSULTANT for the work required by this Agreement on the following basis: CONSULTANT shall submit invoices monthly for services performed in the previous month. The total contract is an amount not to exceed $120,000.00 (One Hundred Twenty Thousand and 00/100 Dollars). CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The CONSULTANT agrees to complete the work described in Exhibit "A" and the Request for Proposal -On Call City Surveying Services. (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. 4 CONTRACT NO. C35070 (17) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the CITY. (18) The CONSULTANT shall be an independent contractor, not an employee of the CITY. (19) Prohibited interests are as follows: 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 CONSULTANT 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 CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. (20) The CONSULTANT 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 arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the CONSULTANT, its agents or employees, while engaged in the performance of this Agreement. The 5 CONTRACT NO. C35070 CONSULTANT 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; (b) 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, a Municipal Corporation Robert A. Spiegel, Mayor Date: ATTEST: Rachelle D. Klassen, City Clerk City of Palm Desert, California APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works MICHAEL BAKER INTERNATIONAL, INC. Authorized Signature (Signature to be notarized) Date: APPROVED AS TO FORM: Robert W. Hargreaves, City Attorney C. CONTRACT NO. C35070 CONSULTANT ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } ss. County of } On , 20 , before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 7 CONTRACT NO. C35070 EXHIBIT "A" CONSULTANT'S PROPOSAL FOR ON -CALL CITY SURVEYING SERVICES CONTRACT NO. C35070 We Make A D�fmw I N T E R N A T 1 0 N A L November 9, 2015 City of Palm Desert Department of Public Works Attn. Bo Chen, P.E., City Engineer 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Subject: Response to Request for Proposals for On Call City Surveyor Services Dear Mr. Chen: Michael Baker International (Baker) has had the pleasure of working with the City of Palm Desert (City) providing various survey and mapping services through the years. The way in which the City and Baker have worked together is a perfect example of how teams can come together and successfully deliver On -Call Services. Michael Baker's team would provide the best benefit to the City for the following primary reasons: THE BAKER TEAM HAS THE RIGHT EXPERIENCE WITH LOCAL KNOWLEDGE. Specific projects with selected references similar to this contract have been included in the statement of qualifications demonstrating Baker's experience with Land Surveying and Mapping Services. Baker has been providing professional services to the City of Palm Desert since 1985. We have in-depth knowledge of the Co's infrastructure and community from our current and previous work in the area. Our Project Team is well versed in the City's standards and business processes allowing us to provide the City with quality professional services in a timely and cost-effective manner. EXPERIENCED PROJECT TEAM. The team has almost 100 years of combined experience, led by Mr. Christopher Alberts, PLS, who will serve as Project Manager and will be the City's main contact for the contract. Mr. Alberts has 18 years of combined experience in field surveying and office mapping. As Project Manager, he is responsible for the overall operations of the Geospabal Information Technology department in the Coachella Valley and Pass areas from the Palm Desert Office. Mr. R. Page Garner, PLS will serve as the Project Surveyor and has 35 years of experience in the profession, including the last 25 years serving as the City Surveyor for the City of Palm Desert. Mr. David Weddle, PLS will serve as a Project Surveyor and has 44 years of experience in the profession. o DEVOTED PROJECT TEAM. Mr. Alberts, Mr. Garner and Mr. Weddle are all actively involved in the profession, serving on numerous professional association boards and committees. The team regularly reviews land surveying concerns relating to local standards of practice including the filing of Public Record Documents and compliance with the codes that govern the profession. Michael Baker sincerely appreciates the City's consideration of our team to provide On -Call Surveying Services and we look forward to continuing our relationship with the City. This proposal is valid for 180 days. By signing this letter of transmittal, Michael Baker is attesting that all information submitted herein is true and correct. Should you need additional information, please contact me directly at 760.346.7481 or calberts(o)rnbakerintl.com. Sincerely, MICHAEL'BA,KER INTERNATIONAL, INC. � Chti! top -her Alberts, PLS d Mielke, PE Project Manager Vice President, Principal In Charge CONTRACT NO. C35070 On -Call Survey Services Proposal Local Environment Michael Baker has extensive experience performing survey and mapping work in accordance with City Standard Drawings, Subdivision Map Act, Professional Land Surveyors Act and other codes and practices applicable to the profession of surveying. Michael Baker will not discriminate against any employee or application for employment because of race, color, religion, sex, or national origin. Michael Baker is knowledgeable in the various standards, policies and procedures required from federal, state and local agencies (most especially City of Palm Desert) and have developed an excellent reputation for establishing effective internal project development policies to ensure proper quality control for plans, specifications and estimates. Michael Baker shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC 276-a through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code. Pursuant to the said regulations, entitled "Federal labor Standards provision," Federal Prevailing Wage Decision" and State of California prevailing wage rates, respectively. Project Understanding Michael Baker understands that the Request for Proposal, issued by the City of Palm Desert is to establish a contractual relationship with an as - needed Land Surveyor to provide Land Surveying and Mapping services for various capital improvement projects and / or development projects. Projects can include reviewing survey document submittals, researching existing survey data such as subdivision maps, records of survey, monument ties and benchmarks, locate existing monuments, performing boundary and control surveys, prepare legal descriptions and plat maps for right-of-way acquisition, easements or vacations, topographic or as -built surveys, field surveys to establish and verify horizontal and vertical control or perform field surveying for project design purposes. Michael Baker has worked on projects in the City of Palm Desert for over the past 25 years for both the City and Private Clients. Demonstrated Competence f Specialized Experience Michael Baker has provided professional land surveying and mapping services under on -call contracts for numerous agencies, including: City of Palm Desert, City of Cathedral City, City of La Quinta, California Department of Transportation (Caltrans), Riverside County; Imperial Irrigation District; Metropolitan Water District; RCTC; SANBAG; and the U.S. Navy. This experience has given us a clear understanding of the task order process and how to manage the many various tasks. which could be required for this type of work. Experience has shown us that a well-defined project approach establishes the solid foundation on which to build a successful task order and overall project. Capability to Respond Michael Baker is available to provide any level of services that the City of Palm Desert might request. The Michael Baker survey business group is familiar with the City's policies. procedures and guidelines and understands the importance of open, timely communications with our clients. Based on our extensive experience, Baker has developed an overall process and approach for task order completion. as demonstrated in the exhibit shown hereon. Task Order Revlew! NdentMcatlon ng ng Task Order Award Deh M t/ Kickoff Meetlny Schedule Prepare/ Perform ) Interactive Revkew/ RMlncaflon Verificatlon Work Back Check Flnal ReviewDelhrei 60 MOM The chart shown right, hereon illustrates the global protect approach for task order based contracts: Project Approach Michael Baker has tailored the work plan methodology through an understanding of City of Palm Desert survey and mapping needs. As shown above, a formal scope of work and specific fee estimate will be developed for each task order upon successful negotiation with the City. All task orders will begin with a kick-off meeting with the City to determine the scope and timing required. I N T E R N A T I O N A L On -Call Proposal I Survey Services I Page 2 CONTRACT NO. C35070 On -Call Survey Services Proposal Michael Baker will manage this contract from our Palm Desert office. Christopher Albert, PLS will serve as Project Manager and the City's primary, day-to-day point of contact. Michael Baker provides surveying, mapping, and GIS services and the team approach relies on top quality technology both in the field and in the office, as well as skilled individuals with the knowledge of the technology needed to correctly interpret and assemble the data. Beyond the activities of our crews in the field is a broadly-based team that includes survey analysts, mapping specialists, researchers, coordinate geometry PUNci��iiri 04RGE calculation experts, and quality control and assurance Brad Mielke, PE managers. Michael Baker makes effective use of this team approach by assuring that each aspect of surveys are performed by individuals with the top skill levels in the industry. This team PROJECT MANAGER approach also allows Michael Baker to distribute the work required in a Christopher Alberts, PLS manner that assures timely delivery of the products required. PROJECT SURVEYOR PROJECT MAPPER PROJECT SURVEYOR R. Page Garner, PLS William Pope David Weddle, PLS LCSdI DeSa OI 0,5 Ma- Preparat.oNCAD ROW Surveys Md0 / ECFCCki't(f E.hb.: P,na*at o, To00C,rd D'+C Surveys MOe urTrt,w or Pay c RCseartr A- DUB t Surveys kiCOChr-Idri Ncwork Ease-r. e,ts/ROW 71 Christopher Alberts. PLS I Project Manager/Day-to-Day Contact Mr. Alberts has extensive years of combined experience in field surveying and office mapping. As Project Manager, he is responsible for survey oversight and supervision of all field and office Years of Experience: 18 operations. Additionally, Mr. Alberts has broad knowledge of title research, map preparation including right-of-way documents and legal descriptions, and tentative and final maps. His experience includes San Coursourse ALTA Surveys, boundary, topographic, subdivision, control, monitoring, 3D modeling and construction JacintoEducation) orkMt. College, Coursework, surveys. Mr. Alberts is experienced in using various types of surveying equipment, including GPS, University University of South Dakota reflectorless total stations, lasers, remote sensing, CAD programs. computers and data collectors with Registration(s)/License(s): surveying and construction and grading software on various platforms. Professional Land Surveyor, CA, ttssos, zoos Relevant Project Experience: ■ Height Modernization Project I Rancho Mirage, CA. Project Surveyor ■ Dinah Shore/Bob Hope Drive Widening I Rancho Mirage, CA. Project Surveyor ■ On -Call Surveying Services I County of Riverside, CA. Project Surveyor ■ On -Call Surveying Services I Cathedral City, CA. Project Manager • On -Call Surveying Services I Palm Desert, CA. Project Manager Brad Mielke. PE I Principal in Charge Mr. Mielke is responsible for engineering design and project management for civil and structural Years of Experience: 37 engineering projects throughout California for private and public sector clients with a specialty in Education: B.S., 1978, Architectural transportation structures, flood control and water resource facilities, and earth retaining structures. Engineering (Structural Design Bridge design experience includes new steel and concrete bridges, inspections, evaluations, repairs, Option), California Polytechnic State and seismic retrofit design of existing bridges using AASHTO and Caltrans standards. university, San Luis Obispo Registrations)/License(s): Relevant Project Experience: Professional Civil Engineer, CA, • Improvement to Coachella Canal at Madison I Indio, CA. Project Manager #33334, 1981 ■ Downtown Indio Infrastructure — Phase 1 I Indio, CA. Principal In Charge - - • Date Palm Drive Bridge over Whitewater River I Cathedral City, CA. Principal In Charge • Adams Street Bridge Replacement I La Quinta, CA. Technical Manager I N T E R N A T 1 0 N A L On -Call Proposal I Survey Services I Page 3 CONTRACT NO. C35070 On -Call Survey Services Proposal R. Page Garner, PLS I Project Surveyor Mr. Garner has extensive years of municipal office land surveying experience, having worked for Years of Experience: 35 two local, desert cities during the last three decades As Senior Surveyor, he is responsible for Education: AA, Survey Technology, survey support, research, calculations, review and quality control and assurance of in-house survey Pennsylvania State University work products /mapping, as well as out -sourced contracts for reviews of subdivision maps, lot line Registration(s)/License(s): adjustments, parcel mergers, and the preparation of legal descriptions for land boundaries and Professional Land Surveyor, CA, easements. Mr. Garner has a broad and in depth knowledge of the Subdivision Map Act and Land #6155, 1989 Surveyors Act, as well as the requirements for the vacation/abandonment of public street rights of ways and easements. Relevant Project Experience: • On -Call Surveying Services I Palm Desert, CA. Project Surveyor ■ As -Needed Surveying Services I Cathedral City, CA. Land Surveyor ■ Adams Street Bridge I La Quinta, CA. Project Surveyor ■ Highway III Record of Survey I Palm Desert, CA. Project Surveyor David Weddle, PLS I Project Surveyor Mr. Weddle has been professionally involved in land surveying since 1971 with full knowledge and Years of Experience: 35 understand of procedures pertaining to construction, retracement and analysis, topographic surveys Education: SCJAC - and the subdivision and re-establishment of sectionalized land. Prior to joining Michael Baker, Mr. Subdivisions, Topography, Weddle owned and operated a business offering land surveying and mapping services in southern Control and Construction, 1989 California. He is responsible for field surveying operations including survey support, research, Registrations)/License(s): calculations, quality control and constructability of improvement plans. Professional Land Surveyor, CA, #5570, 1985 Relevant Project Experience: ■ As -Needed Surveying Services j Indian Wells, CA. Project Manager ■ Capital Improvement Projects j Palm Desert, CA. Project Manager • Highway 111 Widening I Palm Desert, CA. Project Manager William Pope I Mapping/CAD Mr. Pope serves as a Project Mapper in Michael Baker's Palm Desert Office. He is experienced Years of Experience: 19 with Autocad Land Development Desktop software including Civil and Survey modules, Autocad Education: Plane Surveying I and 11, Civil 3D, along with various data -base packages for hydrology/hydraulics and map checking Mt. San Jacinto College, Math protocols. Mr. Pope has extensive knowledge in the writing of legal descriptions, area caluclations Applications in and mapping which includes Parcel Maps, Tract Maps and Lot Line Adjustments. Mr. Pope Survey/Civil/AutoCAD, College of the prepares necessary base mapping, right-of-way analysis and property research through various Desert parcel information programs and close contact with various title companies locally. With over 18 years of experience in the consulting engineering profession, Mr. Pope has developed unique skills in the preparation of parcel, tract and ALTA/ACSM plats along with civil design plans including sewer. water, storm sewer, hydrology calculations, as well as street plan and profile design. Relevant Project Experience: ■ As -Needed Surveying Services I Cathedral City, CA. Mapping Specialist ■ Adams Street Bridge I La Quinta, CA. Mapping Specialist • Date Palm Drive over Whitewater River I Cathedral City, CA. Mapping Specialist ■ I-10/Jefferson Street Interchange Improvements] Indio, CA. Mapping Specialist ■ I-10Narner Road Improvements] Indio, CA. Mapping Specialist ■ The Thermal Club I Thermal, CA. Mapping Specialist I N T E R N A T 1 0 N A L On -Call Proposal I Survey Services I Page 4 CONTRACT NO. C35070 On -Call Survey Services Proposal HOURLY RATE SCHEDULE Effective through December 2016 OFFICE PERSONNEL $/ Hour Principal........................................................................................................................................................................ 225.00 ProjectManager........................................................................................................................................................... 185.00 ProjectSurveyor............................................................................................................................................................ 160.00 Survey Crew Support Manager..................................................................................................................................... 149.00 Senior Designer / Project Mapper................................................................................................................................. 145.00 Survey/ Mapping / GIS Analyst..................................................................................................................................... 132.00 OfficeSupport/ Clerical.................................................................................................................................................. 62.00 SURVEY PERSONNEL 2-Person Survey Crew................................................................................................................................................. $250.00 1-Person Survey Crew................................................................................................................................................... 165.00 LicensedSurveyor......................................................................................................................................................... 185.00 FieldSupervisor............................................................................................................................................................ 175.00 There will be no minimum work charge, all time spent will be charged directly to the job. Any work performed will be charged directly, no work cancellation policy will be enforced. Baker requires a minimum of forty eight (48) hours of response time to schedule staff and to complete office calculations for field surveying or office mapping task orders. Travel time is built into the hourly fee for field survey staff. Any travel time accrued by office staff due to research activities associated with survey or mapping exercises will be billed at the allowable IRS rate. Expenses accrued as reimbursables such as reprographics, copies, monuments and pipe will be billed as a direct cost. Hourly rates for overtime will be the same as the regular hourly rate stated above. Michael Baker is a Union Signatory Employer and therefore prevailing wages are paid to all field staff when performing all field work. I N T E R N A T 1 0 N A L On -Call Proposal I Survey Services I Page 7 CONTRACT NO. C 35070 AGREEMENT THIS AGREEMENT, made and entered into this 25th day of February, 2016, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and MICHAEL BAKER INTERNATIONAL, INC., hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, the CONSULTANT is a corporation, the principal members of which are Professional ENGINEERS and/or SURVEYORS duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage CONSULTANT to render certain technical and professional engineering services as set forth in Exhibit "A" (Consultant's Proposal of Services) in connection with providing ON -CALL CITY SURVEYING SERVICES. NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage the CONSULTANT to perform the technical and/or professional services as hereinafter set forth for a term of one (1) year commencing on April 1, 2016, and continuing through March 31, 2017. (2) CONSULTANT 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. (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 CONSULTANT without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. 72500.00199\24501992.1 CONTRACT NO. C35070 (4) CONSULTANT 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 the CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized, permitted or licensed 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 the CONSULTANT to proceed. (7) The CONSULTANT shall work closely with the CITY's Director of Public Works, or his designated representative, who shall act as the principal officer of the CITY. The CONSULTANT shall review and receive the Director of Public Works approval of the details of work as it progresses. The Registered Civil Engineer/Land Surveyor hereby designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is Christopher Alberts, L.S. No. 8508. (8) The CONSULTANT 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, 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 2 72500.00199k24501992.1 CONTRACT NO. C35070 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 CONSULTANT's services, in the sole judgment of CITY, are unsatisfactory or because of the CONSULTANT'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 CONSULTANT shall be paid the reasonable value of the services rendered, based upon CONSULTANT' standard hourly rates, up to the time of the termination. The CONSULTANT 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. • (11) The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (12) CONSULTANT is aware of the requirements of section 3.30.020 the Palm Desert Municipal Code and California Labor Code sections 1720 et seq. and 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed by the CONSULTANT as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, CONSULTANT agrees to fully comply with such Prevailing 72500.00199\24501992.1 CONTRACT NO. C35070 Wage Laws, if applicable. CONSULTANT shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the CONSULTANT and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. (13) No change in the character or extent of the work to be performed by the CONSULTANT shall be made except by supplemental authority in writing between CITY and the CONSULTANT. 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 CONSULTANT, if any. (14) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONSULTANT 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 CONSULTANT. (15) The CITY agrees to pay the CONSULTANT for the work required by this Agreement on the following basis: 4 72500, 00199\24501992.1 CONTRACT NO. C35070 CONSULTANT shall submit invoices monthly for services performed in the previous month. The total contract is an amount not to exceed $120,000.00 (One Hundred Twenty Thousand and 00/100 Dollars). CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice. (16) The CONSULTANT agrees to complete the work described in Exhibit "A" and the Request for Proposal -On Call City Surveying Services. (17) 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. (18) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the CITY. (19) The CONSULTANT shall be an independent contractor, not an employee of the CITY. (20) Prohibited interests are as follows: 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 5 72500.00199\24501992.1 CONTRACT NO. C35070 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 CONSULTANT 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 CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. (21) The CONSULTANT 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 arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the CONSULTANT, its agents or employees, while engaged in the performance of this Agreement. The CONSULTANT 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. (22) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; (b) Exhibit "A" (Engineer's Proposal of Services, and any written modifications thereto). [SIGNATURE PAGE TO FOLLOW] 0 72500.00199\24501992.1 CONTRACT NO. C35070 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT, a Municipal Corporation Robert A. Spiegel, Mayor Date: ATTEST: Rachelle D. Klassen, City Clerk City of Palm Desert, California APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works MICHAEL BAKER INTERNATIONAL, INC. Authorized Signature (Signature to be notarized) Date: APPROVED AS TO FORM: Robert W. Hargreaves, City Attorney 7 72500.00199\24501992.1 CONTRACT NO. C35070 CONSULTANT ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of } On , 20 , before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature H- 72500.00199\24501992.1