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HomeMy WebLinkAboutC35520A - Land Surveying-Mapping-Utility Research 691-16Contract No. C35520A CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT REQUEST: AWARD CONTRACT NO. C35520A FOR LAND SURVEYING, MAPPING, AND UTILITY RESEARCH SERVICES FOR THE SAN PABLO AVENUE STREET IMPROVEMENT PROJECT TO MSA CONSULTING, INC., OF RANCHO MIRAGE, CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $72,821 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONSULTANT: MSA Consulting, Inc. 34200 Bob Hope Drive Rancho Mirage, CA 92270 DATE: August 25, 2016 CONTENTS: Agreement Consultant's Proposal Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C35520A for land surveying, mapping, and utility research services for the San Pablo Avenue Street Improvement Project to MSA Consulting, Inc., of Rancho Mirage, California, in an amount not to exceed $72,821; 2. Appropriate $72,821 from unobligated General Fund monies to Account No. 4004430-5000101; and 3. Authorize the Mayor to execute the contract. Strategic Plan Obiective The improvements to the San Pablo Avenue corridor fulfill priorities identified in the City's Strategic Plan, including the following: • Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining, lodging, and housing. " • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. " • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles. " • Transportation — Priority 3: "De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf -cart, bicycle and pedestrian)." Contract No. C35520A Staff Report Award Contract for Land Surveying, Mapping and Utility Research for San Pablo Ave. Improvements Page 2 of 2 August 25, 2016 Background Since the "Vision San Pablo" event, a team of City staff was formed to discuss the ultimate configuration, themes, funding sources, and timeframe for the San Pablo corridor improvements. The team is comprised of members with various backgrounds and expertise, and includes representatives from the City Manager's office, Planning Division, Public Works Department, Finance Department, Economic Development Department, Public Art, and Special Programs. A consultant, Sargent Town Planning, has been contracted to provide professional design services to help facilitate the final design of the improvements. The consultant will provide landscape, architecture and urban design services for the project. To create the construction documents, the design consultant and the in-house design team will require surveying, mapping and utility research services. Proposals were solicited, and on July 22, 2016, the City received six proposals. The consultants were ranked by the selection committee based on the strength of the proposal and the cost. Following are the top three firms in the order in which they were ranked by the selection committee. Consultant MSA Consulting, Altum Group Michael Baker International, Inc. Fiscal Analvsis Location Rancho Mirage, CA Palm Desert, CA Irvine/Palm Desert, CA Funds for this project need to be appropriated to Account No. 4004430-5000101. Although the Capital Projects Fund would initially advance the funds for the San Pablo Improvement Project, the City will be reimbursed by the Successor Agency pursuant to the approved Bond Proceeds Funding Agreement and funds available from the Project Area 1 and Project Area 2 Bond Funds. Prepared By - JAIontalvo, P.E. Senior Engineer JhnneetMoore, Director of Finance Approval: ager Department H ao: Mark Greenwood, P.E. Director of Public Works CONTRACT NO. C35520A LAND SURVEYING AND MAPPING SERVICES WITH UTILITY RESEARCH FOR THE SAN PABLO AVENUE IMPROVEMENT PROJECT, (PROJECT 691-16) CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 25t' day of August, 2016, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and MSA Consulting, Inc., a California Corporation, with its principal place of business at 34200 Bob Hope Drive, Rancho Mirage, California, 92270 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional surveying, mapping, and utility research services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional surveying, mapping, and utility research services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional surveying, mapping, and utility research services for THE SAN PABLO AVENUE IMPROVEMENT PROJECT, ("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional surveying, mapping, and utility research services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. CONTRACT NO. C35520A 3.1.2 Term. The term of this Agreement shall be from September 1, 2016 to August 31, 2017, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Reauirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Julian A. De La Torre, P.E., Vice President (Civil 43880); Charles R. Harris, P.L.S, Director of Survey and Mapping (P.L.S 4989). 3.2.5 City's Representative. The City hereby designates Mark Greenwood, P.E., Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. City's Representative shall have the power to act on 2 Update 04/08/2014 CONTRACT NO. C35520A behalf of the City for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Charles R. Harris, P.L.S. Director of Survey and Mapping, (P.L.S. 4989) or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Emolovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, 3 Update 04/08/2014 CONTRACT NO. C35520A Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liabilitv insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liabilitv Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liabilitv (Errors & Omissions) Insurance: Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. 4 Update 04/08/2014 CONTRACT NO. C35520A Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant 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 Consultant, his agents, representatives, employees or subconsultants. Citv's Riahts of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributina Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 5 Update 04/08/2014 CONTRACT NO. C35520A Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. Citv's Riqht to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self -Insured Retentions.: Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timelv Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safetv: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy Two Thousand Eight Hundred and Twenty One Dollars ($72,821) without authorization of the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give 6 Update 04/08/2014 CONTRACT NO. C35520A written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.3.6 Prevailinq Waqes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. SINCE the Services are being performed 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 Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 7 Update 04/08/2014 CONTRACT NO. C35520A 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: MSA Consulting, Inc. 34200 Bob Hope Drive Rancho Mirage, CA 92270 ATTN: Charles R. Harris, P.L.S. City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Justin McCarthy, Interim City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentialitv. 3.5.3.1 Documents & Data: Licensing of Intellectual Prooertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, 8 Update 04/08/2014 CONTRACT NO. C35520A provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.5.5 Attornev's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnitv. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 Additional Indemnitv Obliaations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each 9 Update 04/08/2014 CONTRACT NO. C35520A of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. The above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Citv's Riqht to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Partv Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 10 Update 04/08/2014 CONTRACT NO. C35520A 3.5.17 Invalidity: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or 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 rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Eaual Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation, or to undertake self- insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Reauired. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 11 Update 04/08/2014 CONTRACT NO. C35520A CITY OF PALM DESERT In Justin McCarthy, Interim City Manager ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO CONTENT: in Mark Greenwood, P.E. Director of Public Works APPROVED AS TO FORM: la Robert W. Hargreaves, City Attorney Best Best & Krieger LLP MSA CONSULTING, INC. [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] [INSERT NAME AND TITLE] 12 Update 04/08/2014 CONTRACT NO. C35520A EXHIBIT "A" SCOPE OF SERVICES CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research B.1 Approach/Work Plan Upon receipt of Notice to Proceed, a project kickoff meeting will be coordinated with City staff to review the project objectives and schedule. Survey crew would set aerial targets to control mapping at 40-scale, with one foot contours. The aerial targets and at least two survey monuments and published benchmarks would be observed with rapid static GPS, post processed using Leica software, and sent to the photogrammetrist (Inland Aerial) for control. Coordinate system used would be California State Plane Zone 6, NAD83, Epoch 2010 horizontal coordinates, and NAVD88 vertical datum. In addition, the survey crew would obtain QAQC spot check elevations over the mapping area and submit to Inland Aerial for preparation of a residuals report confirming mapping meets or exceeds national mapping standards and City of Palm Desert requirements. Survey crew would then set control points on site and perform field surveys that would include all visible utilities, 50 foot cross sections along San Pablo Avenue as well as existing trees, buildings, signs, lights, curb, gutters and ramps within the area of proposed design. An AutoCAD file would be prepared plotting the above surveyed points, along with the centerlines and rights -of -way for San Pablo Avenue within the project limits as determined from recorded maps and instruments of record. Using the combined vertical digital terrain model data from the aerial mapping AutoCAD file and the supplemental field survey elevations, a three dimensional surface using Civil 3D version 2016 would be generated. Utility research letters will be drafted, forwarded to the City, transferred to City letterhead and sent out by the City. All utility plats, maps, etc. received by the City will be forwarded to MSA for preparation of an electronic existing utility base plan in AutoCAD format. A site visit will be "D The San Pablo Avenue Improvement Project (Project No. 691-16) Page 16 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research performed to field verify utilities. In conjunction with the City, a conflict study will be performed and a pothole exhibit prepared. The pothole subconsultant (C-Below) will coordinate the markings for USA Underground Alert for location purposes, prepare a traffic control plan and pull City Encroachment Permit (fee waived). C-Below will set up traffic control, pothole up to 15 locations using vacuum excavation methods and repair all potholes to City specifications. Potholes will be surveyed and base plans will be adjusted to reflect results. 13.2 Scope of Work Task Description 1 I Project Meetings a. Kick -Off Meeting j b. Project Development Team Meetings (3), as required. 2- Data Collection, Field Review and Base Mapping -_ - --- - -- - -- ----- Aerial Survey a. Set targets and tie in control for aerial photogrammetrics using existing monuments and the City of Palm Desert Vertical Control Network. b. Fly, photograph and map the site for production of topographic mapping at 1"=40' scale and produce a base map with 1 ft. contour intervals in digital format. Street Right -of -Way Research and Mapping a. Perform record map research. b. Prepare base plan. Supplemental Field Survey a. Establish and set survey control points throughout project limits using existing monuments and the City of Palm Desert Vertical Control Network. b. Perform supplemental field survey to identify all obstructed curbs, median islands, sidewalks, above ground utilities and structures, obstructed building corners, finish surface elevations at building entrances and changes in grade. Only the buildings fronting San Pablo Avenue between Highway 111 and San Gorgonio Way shall be field surveyed. 3D Surface a. Prepare Civil 3D surface generated from aerial topography and supplemental field survey. Utilities Research a. Perform utility research. b. Prepare an existing utility base plan. c. Perform site visit to field verify utilities and planimetrics. Adjust base accordingly. d. Coordinate potholing. e. Potholing up to 15 locations. Includes permits and traffic control. f. Survey of pothole excavations. ID The San Pablo Avenue Improvement Project (Project No. 691-26) P a g e 17 CONTRACT NO. C35520A EXHIBIT "B" SCHEDULE OF SERVICES CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research Deliverables: •Survey Control / Street Right -of -Way Mapping sExisting Utility Base Plan •Topographic Survey (Aerial and Field) ePotholing Exhibit 93D Surface *Pothole Report *Field data files B.3 Project Schedule MSA understands that time is of the essence in the performance of consultant services with respect to overall project schedules. With the extensive experience and flexibility of our field and office personnel, MSA has the ability to meet ambitious schedule milestones within the time frame provided by the City. The following timeline based on a three (3) month work schedule is prepared to identify project milestones and estimated weekly time periods for each. Task 1: Project Meetings Kick-off Meeting .............................................................................................................. Week 1 Additional Meetings........................................................................................................As Needed Task 2: Data Collection, Field Review and Base Mapping Aerial Survey Research and Control Surveys; Set Aerial Targets for Mapping ..................................... Week 2 AerialSurvey........................................................................................................ . Week 5 Street Right -of -Way Research and Mapping Perform Record Map research; Prepare Base plan ......................................................... Week 6 Supplemental Field Survey Set Survey Control Points................................................................................................ Week 7 Supplemental Field Survey..............................................................................................Week 7 3D Surface Civil3D Surface ............... ................................................................................................. Week 10 Utility Research Utility Research; Agency Letters...................................................................................... Week 1 Utility Company Responses.................................................................................. Week 1— Week 5 UtilityBase Plan...............................................................................................................Week 6 Field Verification Site Visit............................................................................................... Week 7 Conflict Study; Pothole Exhibit........................................................................................ Week 7 Coordinate Potholing, USA Markings, Permit.................................................................Week 8 Perform Potholing including Survey................................................................................ Week 10 UpdateBase Plans........................................................................................................... Week 11 S The San Pablo Avenue Improvement Project (Project No. 691-16) Page I S CONTRACT NO. C35520A EXHIBIT "C" COMPENSATION CONTRACT NO. C35520A I I I I CITY OF PALM DESERT ' LAND SURVEYING AND MAPPING SERVICES WITH UTILITY RESEARCH FOR THE SAN PABLO AVENUE IMPROVEMENT PROJECT (PROJECT NO. 691-16) ' COST PROPOSAL SHEET ' The following is a summary of costs to provide the services outlined in the Request for Proposal (RFP) for Land Surveying and Mapping Services with Utility Research for The San Pablo Avenue Improvement Project and will be used as the basis for negotiating a Professional Services Agreement (PSA): 4 TASK DESCRIPTION FIXED FEE ' 11 Project Meetings $2,400 Kick-off Meeting; Project Development Team Meetings (3) $2,400 1 2 Data Collection, Field Review and Base Mapping $60,475 , Aerial Survey $10,500 f Street Right -of -Way Research and Mapping $7,200 Supplemental Field Survey $19,600 3D Surface $1,500 Utilities Research $4,450 Potholing (includes standard Perma-Patch repair) $14,525 Potholing Coordination; Pothole Excavations Survey $2,700 j Optional Additional Potholing Repair (Hot Repair Method) $9, 946 tII; TOTAL COST w/o Optional $62,875 ( TOTAL COST with Optional $72, 821 ' Prime Consultant: 1:�o ' MSA Consulting, Inc. By: Julian A. De LaTorre, P.E., Vice President/Principal Engineer Date Signed: 7-2 z -I(-- CONTRACT NO. C35520A MSA Consulting, Inc. 34200 Bob Hope Drive Rancho Mirage, CA 92270 Representative: Charles R. Harris. P.LS, MSA Consulting, Inc. CITY OF PALM DESERT Proposal / Statement of Qualifications Land Surveying and Mapping Services with Utility Research ForThe San Pablo Avenue Improvement Project (City Project No. 691-16) Prepared for: Joel Montalvo, P.E. Senior Engineer City of Palm Desert, Department of Public Works July 22, 2016 73-510 Fred Waring Drive Palm Desert, Califomia 92260-2578 Rr. Y,,A` July 22, 2016 Mr. Joel Montalvo, R.E., Senior Engineer City of Palm Desert, Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Subject: Land Surveying and Mapping Services with Utility Research for the San Pablo Avenue Improvement Project (Project No. 691-16) Dear Mr. Montalvo: MSA Consulting, Inc. (MSA) is pleased to submit our proposal to provide Surveying, Mapping and Utility Research Services required for the San Pablo Avenue Improvement Project from Highway 111 to Magnesia Falls Drive requested per the City of Palm Desert Request for Proposals (RFP) issued June 29, 2016. By submitting our proposal, MSA represents that we have thoroughly examined and are familiar with the work required under the RFP and are capable of performing quality work to achieve the City's objectives. MSA is now in our 401h year in the Coachella Valley. Our staff of 51 includes 9 state -registered engineers and land surveyors. As the largest locally owned civil engineering, surveying, and land planning firm, our work on your project would ensure the City that the work would be handled promptly and professionally. The MSA Team will be further strengthened with our partner team members referenced below: Derek Hood, P.L.S., President Inland Aerial Surveys, Inc. Aerial Photogrammetric Services 7117 Arlington Avenue, Suite A Riverside, CA 92503 951-687-4252 Nick Loera, Business Development Manager C Below, Inc. Potholing Services 14280 Euclid Avenue Chino, CA 91710-8803 714-918-9300 The proposal submitted herein shall remain valid for 120 days from the date of this letter. I hereby certify that I have the authority to offer this proposal to the City of Palm Desert on behalf of MSA Consulting, Inc. and by my signature attest that all the information provided herein is true and correct. I have the authority to bind MSA Consulting, Inc. in a contract should we be successful in our proposal efforts. Additionally, all Addenda issued by the City for this RFP is hereby acknowledged. 34200 Boo Hom DRlvr. ■ RANCHO MIRAGE ■ CALIFORNIA ■ 92270 760-320-9811 0 760-323-7893 FAX 0 www.MSACONSULTINGINC.COM CONTRACT NO. C35520A Mr. Joel Montalvo July 22, 2016 Page 2 Thank you for considering our firm's qualifications. We look forward to discussing your needs in greater detail and are confident of our ability to serve the City of Palm Desert with professional competence and integrity. Should you have any questions or require any further information please feel free to contact: Charles R. Harris, P.L.S., Director of Survey and Mapping MSA Consulting, Inc. 34200 Bob Hope Drive Rancho Mirage, CA 92270 760.320.9811 charrisPrnsaconsultinRinc.com Very truly yours, Julian A. De LaTorre, P.E. Vice President/Principal Engineer MSA Consulting, Inc. JAD:ssf 34200 BOB HOPE DRIVE • RANCHO MIRAGE ■ CALIFORNIA • 92270 760-320-9811 ■ 760-323-7893 FAx • www.MSACONSULTINGINC.COM CONTRACT NO. C35520A Land Surveying and Mapping Services with Utility Research The San Pablo Avenue Improvement Project (Project No. 691-16) Table of Contents • Qualifications, Related Experience and References A.1 Firm Profile..........................................................................1 A.2 Similar Work Experience......................................................2 A.3 Subconsultants....................................................................4 A.4 References...........................................................................5 Technical Approach/Work Plan B.1 Approach/Work Plan 6 B.2 Project Schedule..................................................................8 B.3 Quality Control/Budget and Schedule Control....................9 • Q Conflict of Interest C.1 Conflict of Interest.............................................................10 • Exceptions/Deviations 0.1 RFP Exceptions/Deviations—Technical Requirements ..... 10 D.2 RFP Exceptions/Deviations —Contractual Requirements..10 APPENDIX Key Employee Resumes — MSA Consulting, Inc. CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 land Surveying and Mapping Services with Utility Research SECTION A: QUALIFICATIONS, RELATED EXPERIENCE AND REFERENCES A.1 Firm Profile Inc. (MSA) is a multi- . ' cO11?k"NNam ..MMcamuMi %kit. MSA Consulting, •type of Flniic CaNforrili Corporstioa `' G •Oats of lneix{ior" D*=nbw = W6 disciplinary Planning, Civil Engineering and Land acbnioreteanao'nhiotece:'° j �zco 906,Fbp+ orjvi;Rinci�o MJrah • Nuenbar of Emisk, yMr M ' , 77. Surveying firm providing professional services to '-,'FI( S. ,:..`'" r ltobiuc5. snub; ri+�td.m/ao i .1Wtan 11. Da la To"rre. Vla rraldent .. , public agencies, tribal interests, non -profits, schools . •."0.°'"':." 3*0 A.M. to sm P.M., Monday tt cueh Prldiy and private development since 1976. Known prior to 2004 as Mainiero, Smith and Associates, MSA is located in Rancho Mirage, California and is the Coachella Valley's largest locally owned, full -service planning, engineering and surveying company. The senior surveying staff is supported by a Team of professionals offering planning/environmental, multidisciplinary civil engineering, GIS, and administrative services. The team of professional surveyors, field survey crews and office technicians comprise one of the most formidable land surveying and mapping teams in the Southern California region and are viewed as a mainstay in the Coachella Valley. In addition, MSA's Dry Utility Department's dedicated staff has performed research and mapping for hundreds of projects in the Coachella Valley. With a thorough understanding of utilities including design coordination and installation, MSA is highly regarded in the public utility community and enjoys excellent working relationships with the agency planners. (QDThe San Pablo Avenue Improvement Project {project No. 691-16) P a g e I 1 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research A.2 Similar Work Experience The following similar projects performed by our team serve as a sample of the expertise and success we can translate to your project. Each of these projects was delivered to the client on budget and in accordance with the required schedule. RAMON ROAD WIDENING Palm Springs MSA Consulting, Inc. provided the surveying and engineering design services for the Ramon Road Bridge Widening Project Study Report (PSR) in accordance with Palm Springs and Cathedral City's General Plans. The project entailed the widening from 4 lanes to 6 lanes of 2,600 LF of existing street and 2100 LF of the existing Ramon Bridge over the Whitewater River Storm Channel. MSA responsibilities included the field survey/topographic mapping, existing utility research/coordination, right-of-way research/ plotting, preliminary roadway drainage/hydrology calculations, preparation of the Geometric Approval Drawings (GAD), and preliminary costs estimates of the project site. Three separate GAD were provided including preliminary cost estimates for each. The project application for funding was successful and is currently in the Project Approval and Environmental Document (PA&ED) phase. Key Team Participants: Julian A. De La Torre, P.E.; Chuck Harris, P.L.S.; Jack Fox; Douglas E. Redlin, P.L.S.; Arturo Espino; Eduardo Hernandez ID The San Pablo Avenue Improvement Project (Project No. 691-16) Page 12 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research VISTA CHINO LOW WATER CROSSING BRIDGE] Palm Springs MSA Consulting, Inc. provided surveying and engineering services for the Vista Chino Low Water Crossing Bridge Replacement Project Study Report (PSR) and Project Approval and Environmental Document (PA&ED) Phase. MSA is responsible for surveying, mapping, utilities research, and the roadway geometric design for the project in Palm Springs. The project is to replace the existing Vista Chino at -grade crossing with an all-weather access bridge. Key Team Participants: Julian A. De La Torre, P.E.; Charles R. Harris, P.L.S.; Jack Fox; Douglas E. Redlin, P.L.S.; Eduardo Hernandez; Arturo Espino 1-10 FWY/86S EXPRESSWAY/DILLON ROAD INTERCHANGES I Coachella MSA Consulting, Inc. provided the Survey and Mapping for an area covering 600 +/- acres. Work included right-of-way and parcel research, aerial imaging, field verification, and topographic mapping for Interstate 10, Dillon Road and State Highway 86 for future interchange design. Key Team Participants: Charles R. Harris, P.L.S.; Douglas E. Redlin, P.L.S.; Julian A. De La Torre, P.E.; Jack Fox; Eduardo Hernandez AVENUE 52/GRAPEFRUIT BLVD GRADE SEPARATION I Coachella MSA Consulting, Inc. provided surveying and engineering services required by the City of Coachella for the Avenue 52/Grapefruit Boulevard Grade Separation improvements located at the intersection of Avenue 52 and Grapefruit Boulevard. Services included pre -design survey, utility research/coordination and pothole coordination at Grapefruit Boulevard and the Union Pacific Railroad. Key Team Participants: Charles R. Harris, P.L.S.; Jack Fox; Julian A. De La Torre, P.E.; Douglas E. Redlin, P.L.S.; Eduardo Hernandez IDThe San Pablo Avenue Improvement Project (Project No. 691-16) Page 13 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research A.3 Subconsultants The MSA Team is further strengthened by the following well -respected sub -consultant firms: Inland Aerial Surveys, Inc. C Below, Inc. Derek C. Hood, P.L.S., President/Principal Nick Loera 7117 Arlington Avenue, Suite A 14280 Euclid Avenue Riverside, CA 92503 Chino, CA 91710 951-687-4252 888-902-3569 Inland Aerial Surveys, providing photogrammetric services in both the private and public sector since 1969, has established a prominent reputation in the industry by providing services with an unequaled level of quality. Working effectively together for over 16 years, MSA relies on Inland Aerial's aerial topography expertise to provide quality aerial mapping services. MSA survey crews work closely with Inland Aerial to provide ground control and QAQC check shots for the aerial mapping projects. C-Below, with an impressive well trained staff, has experience working throughout Southern California with the ability to perform comprehensive utility investigations using state of the art equipment and technology. Working from a potholing exhibit and USA Markings, utilities are located using electromagnetic locators and ground penetrating radar if necessary. Potholing is performed using "Vacuum Excavation" for minimal damage and repaired to local specifications. Each excavation is documented and a pothole report provided. C-Below can also provide mapping services and traffic control. MSA has worked closely with C-Below for many years due to their impressive performance and dependable services. `97 The San Pablo Avenue Improvement Project (Project No. 691-16) Page 14 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research A.4 References We encourage the City to contact our client references to confirm our Team's performance: Willian Enos, P.E., City Engineer Alex Acevedo, Service Planner City of Rancho Mirage SCE 69-825 Highway 111 2885 W. Foothill Blvd. Rancho Mirage, CA 92270 Rialto, CA 92376 760-770-3224 909-424-6433 Ext. 11433 Marcus Fuller, Assistant City Manager Luis Becerra, Engineer City of Palm Springs Frontier Communications 3200 East Tahquitz Canyon Way 295 N Sunrise Way Palm Springs, CA 92262 Palm Springs, CA 92262 760-322-8380 760-778-3621 Bill Simons, Senior Engineer Scot Koehler City of Cathedral City Time Warner Cable 68-700 Avenida Lalo Guerrero 83-473 Ave 45 Cathedral City, CA 92234 Indio, CA 92201 760-770-0360 760-674-5642 Tim Rayburn, Supervising Land Surveyor Lorena Davalos County of Riverside Transportation The Gas Company 4080 Lemon St 81h Fl 75095 Mayfair Drive Riverside, CA 92502 Palm Desert, CA 92211 951-955-6700 909-335-7628 The San Pablo Avenue Improvement Project (Project No. 691-16) Page 15 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research B.1 Approach/Work Plan Upon receipt of Notice to Proceed, a project kickoff meeting will be coordinated with City staff to review the project objectives and schedule. Survey crew would set aerial targets to control mapping at 40-scale, with one foot contours. The aerial targets and at least two survey monuments and published benchmarks would be observed with rapid static GPS, post processed using Leica software, and sent to the photogrammetrist (Inland Aerial) for control. Coordinate system used would be California State Plane Zone 6, NAD83, Epoch 2010 horizontal coordinates, and NAVD88 vertical datum. In addition, the survey crew would obtain QAQC spot check elevations over the mapping area and submit to Inland Aerial for preparation of a residuals report confirming mapping meets or exceeds national mapping standards and City of Palm Desert requirements. Survey crew would then set control points on site and perform field surveys that would include all visible utilities, 50 foot cross sections along San Pablo Avenue as well as existing trees, buildings, signs, lights, curb, gutters and ramps within the area of proposed design. An AutoCAD file would be prepared plotting the above surveyed points, along with the centerlines and rights -of -way for San Pablo Avenue within the project limits as determined from recorded maps and instruments of record. Using the combined vertical digital terrain model data from the aerial mapping AutoCAD file and the supplemental field survey elevations, a three dimensional surface using Civil 3D version 2016 would be generated. Utility research letters will be drafted, forwarded to the City, transferred to City letterhead and sent out by the City. All utility plats, maps, etc. received by the City will be forwarded to MSA for preparation of an electronic existing utility base plan in AutoCAD format. A site visit will be AIs The San Pablo Avenue Improvement Project (Project No. 691-16) Page 16 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research performed to field verify utilities. In conjunction with the City, a conflict study will be performed and a pothole exhibit prepared. The pothole subconsultant (C-Below) will coordinate the markings for USA Underground Alert for location purposes, prepare a traffic control plan and pull City Encroachment Permit (fee waived). C-Below will set up traffic control, pothole up to 15 locations using vacuum excavation methods and repair all potholes to City specifications. Potholes will be surveyed and base plans will be adjusted to reflect results. B.2 Scope of Work Task 1 Description- 1 Protect Meetings - a. Kick -Off Meeting — - -- - b. Project Development Team Meetings (3), as required. 2 Data Collection, Field Review and Base Mapping Aerial Survey _- -- - --- J - - a. Set targets and tie in control for aerial photogrammetrics using existing monuments and the City of Palm Desert Vertical Control Network. b. Fly, photograph and map the site for production of topographic mapping at 1"=40' scale and produce a base map with 1 ft. contour intervals in digital format. Street Right -of -Way Research and Mapping a. Perform record map research. { b. Prepare base plan. _ j Supplemental Field Survey f a. Establish and set survey control points throughout project limits using existing monuments and the City of Palm Desert Vertical Control Network. b. Perform supplemental field survey to identify all obstructed curbs, median islands, sidewalks, above ground utilities and structures, obstructed building corners, finish surface elevations at building entrances and changes in grade. Only the buildings fronting San Pablo Avenue between Highway 111 and San Gorgonio Way shall be field surveyed. 3D Surface a. Prepare Civil 3D surface generated from aerial topography and supplemental field survey. Utilities Research a. Perform utility research. b. Prepare an existing utility base plan. c. Perform site visit to field verify utilities and planimetrics. Adjust base accordingly. d. Coordinate potholing. e. Potholing up to 15 locations. Includes permits and traffic control. f. Survey of pothole excavations. IV The San Pablo Avenue Improvement Project (Project No. 691-16) Page 17 CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research Deliverables: •Survey Control / Street Right -of -Way Mapping •Existing Utility Base Plan eTopographic Survey (Aerial and Field) ePotholing Exhibit e30 Surface *Pothole Report *Field data files B.3 Project Schedule MSA understands that time is of the essence in the performance of consultant services with respect to overall project schedules. With the extensive experience and flexibility of our field and office personnel, MSA has the ability to meet ambitious schedule milestones within the time frame provided by the City. The following timeline based on a three (3) month work schedule is prepared to identify project milestones and estimated weekly time periods for each. Task 1: Project Meetings Kick-off Meeting.............................................................................................................. Week 1 Additional Meetings........................................................................................................As Needed Task 2: Data Collection, Field Review and Base Mapping Aerial Survey Research and Control Surveys; Set Aerial Targets for Mapping ..................................... Week 2 AerialSurvey.................................................................................................................Week5 Street Right -of -Way Research and Mapping Perform Record Map research; Prepare Base plan .........................................................Week 6 Supplemental Field Survey Set Survey Control Points................................................................................................ Week 7 Supplemental Field Survey..............................................................................................Week 7 3D Surface Civil3D Surface................................................................................................................Week 10 Utility Research Utility Research; Agency Letters......................................................................................Week 1 Utility Company Responses.................................................................................. Week 1— Week 5 UtilityBase Plan...............................................................................................................Week 6 Field Verification Site Visit............................................................................................... Week 7 Conflict Study; Pothole Exhibit........................................................................................ Week 7 Coordinate Potholing, USA Markings, Permit................................................................. Week 8 Perform Potholing including Survey................................................................................ Week 10 UpdateBase Plans........................................................................................................... Week 11 The San Pablo Avenue Improvement Project (Project No. 691-16) Page is CONTRACT NO. C35520A MSA Consulting, Inc. City of Palm Desert July 22, 2016 Land Surveying and Mapping Services with Utility Research B.4 Quality Control/Budget and Schedule Control Quality Assurance/Quality Control. MSA has an established CIA/QC program to ensure deliverables are complete, accurate and withstand internal peer review. This Program provides a strategy and framework for continuously improving performance across the full spectrum of services, MSA personnel consider it his/her responsibility to follow the procedures set forth in MSA's Program, as well as using common sense and good judgment during all facets of work. Budget/Schedule Control. The MSA team provides effective project control by analyzing the technical approach well in advance, minimizing schedule and technical risk areas, and providing for rapid action based on the constant measurement of cost, schedule, and performance over the contract life. To ensure that all projects are effectively tracked and managed appropriately, MSA developed and successfully implemented an automated and integrated cost and schedule control system that provides an efficient management tool for the Project Manager to manage prime and subcontractor costs. The key elements of project control and reporting include: Standardized Work Order and Expenditure Authorization System — The Project Manager uses this system to establish a controlled number of accounts in order to achieve cost accumulation and reporting. Computerized Project Cost Tracking System — Employees complete time sheets on a daily basis showing the hours worked on each separate project each day of the week. Weekly job cost reports for each project task can be generated at any time and provided to the Project Manager and to the individual(s) responsible for each task. The Project Manager uses these to tract expenditures and to identify variances that need to be addressed. `D The San Pablo Avenue Improvement Project (Project No. 691-16) Page 19 CONTRACT NO. C35520A MSA Consulting, Inc. city of Palm Desert July 22, 2016 land Surveying and Mapping Services with Utility Research SECTION C: CONFLICT OF INTEREST C.1 Conflict of Interest MSA Consulting, Inc. shall avoid any activity or situation where their personal interests could conflict, or reasonably appear to conflict with the best interests of the City. MSA Consulting, Inc. affirms, to the best of their knowledge, there exists no actual or potential conflict between the firm's business or financial interests, and either the services to be provided under the Agreement, or any commissioner, officer, employee, or agent of the City. MSA Consulting, Inc. would refrain from undertaking any work for any individual, business, or legal entity, in which direct conflicts of interest regarding the services to be provided thereunder or herein may arise. D.1 RFP Exceptions/Deviations —Technical Requirements After review of the Request for Proposals, MSA Consulting, Inc. finds no technical exceptions and/or deviations in proposed performance of services. D.2 RFP Exceptions/Deviations — Contractual Requirements MSA Consulting, Inc. requests the following highlighted changes to the Indemnification language as referenced in the Request for Proposals. 3 5 a Indemnification. 3 5.8 1 Scope of Indemnity To the fullest extent permitted by law, Consultant shall defend. Indemnify and hold the C ty, its directors, officials, officers, employees, volunteers and agents free and harmless from any and aft claims, demands, causes of action costs, expenses kttbmity, loss, damage or injury of any xind, in law or equity, to property or persons. Including wrongful death, in any manner arising out of, pertaining to. or Incident to any ~ acts, errors or omissions, or willful misconduct of Consultant, its officials officers, employees, subcontractors consuiants or agents in connection with the performance of the Consuftant's Services, the Project or this Agreement, Including without limitation the payment of a I expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above Indemn ty shall be limited, to the extent required by Civil Code Section 2782.8. to clalms that arise out of, pertain to, or relate to the negligence recklessness. or wl Itul misconduct of the Consultant. 3 5 8 2 Addillonal Indemniff Obligations To the fullest extent permitted by law Consultant shall defend, with counsel of City $ choosing and at Consultant's own cost, expense and nsk, any and all claims, suits, actions or other proceedings el &.wy l +a covered by Section 3.5.6.1 that may be brought or Instituted against City or its directors, officials officers, employees, volunteers and agents Consultant sham pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officia s, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall aso reimburse City for the cost of any settlement paid by City or Its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit action or other proceeding. Such refrrRwrsement shag Include payment for City's attorneys fees and costs, including expert witness fees Consultant shall reknburse City and its directors, oKcia;s, officers. employees, agents, and/or volunteers, for any and all legal expenses and costs Incurred by each of them In connection therewith or In enforcing the Indemnity herein provided. Consultants obligation to Indemnity sham not be restricted to insurance proceeds if any, received by the C ty, its directors officials officers, employees, agents, or volunteers. The above Indemnity shall be limited, to the extent required by Civil Code Section 2702.8, to claims that aria* out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. The San Pablo Avenue Improvement Project {Project No. 691-16) P a g e 110 CONTRACT NO. C35520A APPENDIX Key Employee Resumes — MSA Consulting, Inc. CONTRACT NO. C35520A Key MSA Team Members Julian A. De La Torre, P.E. Vice President/Principal Engineer NP Mr. De La Torre was born and raised in the Coachella Valley, attended UCLA and graduated with an Engineering degree in 1983. He was registered as a Civil Engineer in 1989 and joined MSA Consulting, Inc. in 1995. Today he brings over 32 years of experience as a design engineer, project manager and principal engineer. As a registered civil engineer in California, Mr. De La Torre has utilized his expertise in numerous street improvements projects including the Portola Avenue street widening and median island improvements in Palm Desert, Gene Autry Trail (State Route 111) street widening and median island improvements in Palm Springs, Fred Waring Drive street and bridge improvements in Indio and Enterprise Way street and drainage improvements in Coachella. Mr. De La Torre became the firm's Vice President and Principal Engineer in 2007. Charles R. Harris, P.L.S. Director of Survey and Mapping Mr. Harris joined MSA Consulting in 1983. He received his license as a California Land Surveyor In 1981. As Survey Director, his responsibilities include the q supervision of projects that involve establishing alignment surveys, topographic mapping, and right of way surveys for agencies that include the City of Palm Springs, City of Cathedral City, Valley Sanitary District, Coachella Valley Water District, City of Indio, City of Rancho Mirage, City of Coachella, and private development in the town of Yucca Valley, City of Twentynine Palms, Joshua Tree and Morongo Valley. He has a strong working knowledge of the Subdivision Map Act, ACSM A.L.T.A. standard requirements, boundary and topographic (photogrammetric and field data collector) surveying, A.L.T.A. surveys and construction staking, including extensive experience on road and highway projects and right-of- way engineering. Mr. Harris directs a survey department at MSA that includes 4 survey crews, 3 licensed surveyors and CADD support staff. He is past president and an active member of both the Desert and Riverside chapters of the California Land Surveyors Association. Mr. Harris' expertise in surveying and mapping, along with his leadership skills, has earned the firm a solid reputation as the Valley's leading land surveyors. Jack Fox Director of Utility Services Mr. Fox joined the firm in 1999 performing several roles including management of the utilities group. Mr. Fox supervises a staff dedicated to performing utility due diligence and coordination along with construction administration, compliance inspections, and management services. Working directly with many public agency clients and private developers, Mr. Fox provides support services for projects of all sizes and complexities. His related responsibilities include preparation of electronic base plans, design coordination services and on -site construction supervision. Additionally, Mr. Fox does cost estimating and performs utility conflict studies. He has an excellent working relationship with all the local public utility agencies allowing him to work quickly and efficiently through construction related issues. Working closely with several pothole contractors, Mr. Fox personally coordinates and oversees client potholing needs. CONTRACT NO. C35520A Key MSA Team Members Douglas E. Redlin, P.L.S. Survey Manager Mr. Redlin, a 14-year veteran of MSA Consulting, Inc. and past president of the Desert Chapter of the California Land Surveyors Association, has been surveying in the Coachella Valley for over 17 years, being licensed since 2003. With a total of over 24 years of surveying & mapping experience, he has performed everything from the preparation of Final maps, A.L.T.A. surveys and Records of Survey to field surveying for boundary, topographic surveying and construction staking. Mr. Redlin is extremely proficient with Leica GPS and Robotic Total Stations, as well as with AutoCAD/Land Desk -Top, Eagle Point, Civil 31) and Leica Geo-Office software. Currently at MSA he supervises the field survey crews for both public agencies and private industry clients. He has a strong technical background for both field operations as well as office operations. Mr. Redlin directs field and office personnel that include 4 survey crews and CADD support staff. Luke R. Beverly, P.L.S. Senior Surveyor Mr. Beverly, a new member of the MSA Consulting, Inc. team, has been a practicing surveyor for over 17 years. With primary emphasis on problem solving and customer satisfaction, he has a proven performance within the construction and design fields with contributions in Land/Field Surveying including Boundary Surveys, Topographic Surveys and Construction Staking. Varied project involvement includes the development of a tract from bare ground to finished product as well as major golf course construction and public works projects for multiple public agencies. Mr. Beverly majored in bioengineering at the University of California San Diego and focused in the field of Land Surveying at San Diego City College. Luke has earned his Professional Land Surveying license in the State of California with proficiencies in Leica GPS and Robotic Total Stations as well as AutoCAD. His principal responsibilities consist of the preparation of Records of Survey, Corner Records, Legal Descriptions and Exhibits, and the necessary office calculations for use by the field crews for public works projects, subdivisions, commercial developments, their related improvements and the construction thereof. Mr. Beverly is an active member in the California Land Surveyors Association. Eduardo C. Hernandez, II Senior Survey Technician JLMr. Hernandez has been practicing land surveying for over 17 years in the Imperial and San Diego Counties and now in Riverside County. As a Survey Party Chief, he has conducted boundary, construction staking, A.L.T.A. and topographic surveys. In addition to his exemplary field crew supervision and contractor coordination skills, Mr. Hernandez is proficient with GPS and both Standard and Robotic Total Stations. His field expertise is matched by his office skills including the use of AutoCAD/Land Development and Trimble/Leica Geo Office softwares. Project involvement has included City of Indio Street Rehab Program Phase 7; Blythe Energy Stage 1; Ramon Road Bridge Widening — R/W Acquisition; Wolff Waters — Asbuilt A.L.T.A. Survey Certification; and Desert Hot Springs Boy's and Girl's Club. CONTRACT NO. C35520A Key MSA Team Members Byron J. Cazar Senior Survey Technician ILMr. Cazar, a new member of the MSA Consulting, Inc. team, has been a practicing surveyor for over 13 years. He has a proven performance within construction and design fields with contributions in Land/Field Surveying, Construction Staking, Boundary Research and AutoCAD preparation of Subdivision Maps and office research. In 2010, Mr. Cazar earned his Bachelor of Science degree in Civil Engineering from the Pontific Catholic University of Ecuador. He earned an Engineer in Training certification and Land Surveyor -in -Training certification in the State of California with proficiencies in AutoCAD Civil 3D, Microsoft Office applications, and excellent analytical and math skills. To add to his technical skills, Mr. Cazar is fluent in Spanish. Arturo Espino, Jr. CADD Designer Arturo Espino, Jr., joined MSA Consulting, Inc. in 1999. He is employed as a CADD Designer in our Survey Department performing a variety of Civil Engineering and Survey drafting and designing tasks. As a CADD Designer with over a decade of experience, he has contributed to the completion of ALTA Surveys, Final Maps, Records of Survey and Legals and Exhibits. In addition to his commendable design skills, Mr. Espino is also proficient with survey calc's which include curb, water, sewer and building envelopes. Mr. Espino is also involved in creating and reviewing cut sheets. His office skills include the use of AutoCAD Civil 3D. Field Surveyors/Party Chiefs MSA's professional surveyors, field survey crews and office technicians comprise the most formidable land surveying and mapping team in the Coachella Valley. Their use of the most sophisticated equipment currently available, including the latest in Global Positioning Systems (GPS) and robotic total stations, ensures consistency, precision and accuracy on even the most demanding projects. The Department's field party chiefs, instrument men and technicians have extensive experience providing proactive solutions to promote "problem prevention", identifying potential field issues in advance in order to save clients time and money. CONTRACT NO. C35520A r MSA Consulting, Inc. 34200 Bob Hope Drive Rancho Mirage, CA 92270 Representative: Charles R. Harris, PLS. MSA Consulting, Inc. I CITY OF PALM DESERT Cost Proposal Land Surveying and Mapping Services with Utility Research ForThe San Pablo Avenue Improvement Project (City Project No. 691-16) Prepared for: Joel Montalvo, P.E. Senior Engineer City of Palm Desert, Department of Public Works July 22, 2016 73-510 Fred Waring Drive Palm Desert, California 92260-2578 i CONTRACT NO. C35520A 11 I I I I I I CITY OF PALM DESERT LAND SURVEYING AND MAPPING SERVICES WITH UTILITY RESEARCH FOR THE SAN PABLO AVENUE IMPROVEMENT PROJECT (PROJECT NO.691-16) COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposal (RFP) for Land Surveying and Mapping Services with Utility Research for The San Pablo Avenue Improvement Project and will be used as the basis for negotiating a Professional Services Agreement (PSA): { TASK DESCRIPTION FIXED FEE 1 Project Meetings $2,400 Kick-off Meeting; Project Development Team Meetings (3) $2,400 2 Data Collection, Field Review and Base Mapping $60,475 , Aerial Survey $10,500 Street Right -of -Way Research and Mapping i $7,200 Supplemental Field Survey i $19,600 3D Surface $1,500 Utilities Research I $4,450 Potholing (includes standard Perma-Patch repair) $14,525 Potholing Coordination; Pothole Excavations Survey $2,700 Optional Additional Potholing Repair (Hot Repair Method) $9, 946 i TOTAL COST w/o Optional $62,875 TOTAL COST with Optional $72,821 Prime Consultant: MSA Consulting, Inc. By: Julian A. De LaTorre, P.E., Vice President/Principal Engineer Date Signed: 7-2 Z -!F i MAGNESIA -FALLS -DR _ __ II i L� ALUMNI WAY Q 3 z f :J _Q ALUMNI WAY �SANTAIRQ$ i CONTRACT NO. CU520A �AAGNES A-F_A_ -LLS-DP _H1 1 1 1 1 1-1 1 H 1 1 1 1 1 1 1 1 1 1 PRIVATE -STD- I I 1 r --PRIVATE-SS > '� Q J �� Nz.� CS i w U O RUTLED�GE-WAY r- � 1z J=� F�ASON-z.ST = -- I I J a_3- 1 ° KRUG AVE W KRUG AVE" h Qetm cn I I �; Q- 7 to Q•� - Q Ui -----------z`-- FRED4 tL Ll I I � 4 ROs WAY SANTA-R ISA` IA on NICHOL-AS-A E o BI w l_11l I W ALINA WAY CATAL"INA WAY iALUPE-AVE I_ ICJ PALM DESERT DR N PALM DESERTDRS— I I I NL-CJJNIVUKV UK I I I i I 11T1. Ff' ] l �f] PALM DESERT DRN nil �e nccror no e� VICINITY MAP