HomeMy WebLinkAboutC22790 RBF Consulting - Land Surveying Srvcs CIPCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C22790 to RBF Consulting, Inc. for the
Land Surveying Services for Capital Improvement Projects
SUBMITTED BY: Armando Rodriguez, P.E.
Senior Engineer
APPLICANT: RBF Consulting, Inc.
74-410 Highway 111
Palm Desert, California 92260
DATE: May 27, 2004
CONTENTS: Agreement
Vicinity Map
Recommendation:
By Minute Motion:
1) Award Contract No. C 22790 to RBF Consulting, Inc., for
Land Surveying Services for Capital Improvement Projects in
the amount of $19,877.00.
Discussion:
On April 28, 2004, staff requested proposals to provide land surveying services
for Capital Improvement Projects (CIP). The scope of work to be performed by
these services is the tie -out, re-establishment, and preservation of existing
monumentation, affected by CIP's construction activities. Proposals were
received from the following firms:
BAS
PSOMAS
David Evans and Associates
RBF Consulting, Inc.
Tri-State Land Surveyors
(Diamond Bar, California)
(Riverside, California)
(Palm Desert, California)
(Palm Desert, California)
(Palm Desert, California)
Staff Report
Award Contract No. C2279oto RBF Consulting, Inc., for Land Surveying Services
Page 2 of 2
May 27, 2004
Staff evaluated these proposals based upon the qualifications of the applicants.
For the purpose of ranking proposals, staff considered the following criteria:
1) timely availability,
2) assigned personnel,
3) firm's history and resource capability.
The highest ranked consultant for these services is RBF Consulting, Inc., of Palm
Desert, California.
While the term of this contract expires on June 30, 2004, it is the intention of staff
to renegotiate a one-year extension for fiscal year 2004-2005.
Funds are available for this service in the various CIP accounts.
Therefore, staff recommends that City Council, by minute motion, award Contract
No. C`22790 , to RBF Consulting, Inc., for Land Surveying Services of Capital
Improvement Projects, in the amount of $19,877.00.
Submitted By:
Ago
Armando Roy' ig'/z, P.E.
Senior Engineer
Approval:
ent Services
City Manager
/cls
Department Head:
Michael Errante, P.E.
Director of Public Works
Finance Director
G:\PubWorks\Staff Reports12004\May 27\STAFF REPORTAward to RBF for Land Surveying Services.dot
CONTRACT NO.xxxxxx
AGREEMENT
THIS AGREEMENT, made and entered into this 27 day of May, 2004, by and
between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to
as "CITY" and RBF Consulting, Inc., hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional CONSULTANTS duly registered under the laws of the State of California;
and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and professional CONSULTANTING services as set forth in Exhibit "A"
(CONSULTANT'S Proposal of Services) in connection with the Land Surveying Services
for Capital Improvement Projects.
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage CONSULTANT to perform the
technical and/or professional services as hereinafter set forth.
(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.
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CONTRACT NO.xxxxxx
(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.
(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
CONSULTANT or under its direct supervision, and all personnel engaged in the work
shall be qualified and shall be authorized or permitted under state and local law to
perform such services.
(6) The execution of this Agreement by the parties hereto does not
constitute an authorization to proceed. CITY's Director of Public Works has not
authorized CONSULTANT to proceed.
(7) The CONSULTANT shall work closely with the CITY's Director of
Public Works, or his designated representative, who shall be the principal officer of the
CITY. The CONSULTANT shall review and receive the Director of Public Works
approval of the details of work as it progresses. The Registered CONSULTANT hereby
designated by the CONSULTANT as its representative for supervision of the work
required by this Agreement is Levi Cox L.S. No. 7930.
(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
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CONTRACT NO.xxxxxx
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
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'S 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. CITY acknowledges and agrees that all plans, specifications, reports and other
design documents prepared by CONSULTANT pursuant to this agreement shall be
used exclusively on this project and shall not be used for any other work without the
written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re-
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CONTRACT NO.xxxxxx
use or other use of the plans, specifications, reports or other design documents, CITY
shall require the party using them to indemnify and hold harmless CITY and
CONSULTANT regarding such re -use or other use, and CITY shall require the party
using them to eliminate any and all references to CONSULTANT from the plans,
specifications, reports and other design documents.
(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
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.
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CONTRACT NO.xxxxxx
(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 not to exceed the total contract amount of: $19,877.00 (Dollars:
Nineteen thousand, eight hundred seventy-seven 001100 ONLY). 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 and submit the
Final Design CONSULTANTING phase as displayed in Exhibit "A".
(16) In the event that any judgment is entered in any action upon this
Agreement, the party hereto against whom such judgment is rendered agrees to pay the
other party an amount equal to the reasonable value of the legal services performed in
his or its behalf in such action and that such amount may be added to and made a part
of such judgment.
(17) This Agreement shall be binding on the successors and assigns of
the parties, but it shall not be assigned by the 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:
No officer, member or employee of the CITY during his tenure or one year
thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds
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CONTRACT NO.xxxxxx
thereof. The parties hereto covenant and agree that to their knowledge no member of
the City Council, officer or employee of the CITY has any interest, whether contractual,
non -contractual, financial or otherwise, in this transaction, or in business of the
contracting party other than the CITY, and that if any such interest comes to the
knowledge of either party at any time a full and complete disclosure of all such
information will be made in writing to the other party or parties, even if such interest
would not be considered a conflict of interest under applicable laws.
The 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, Toss, cost or expense resulting
from any injury or damage to persons or property caused by the negligent acts or
omission 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.
(21) In case of conflicts within the contract documents, the document
precedence shall be as follows:
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CONTRACT NO.xxxxxx
(a) This Agreement;
(b) Exhibit "A" (CONSULTANT'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 Company Name
Municipal Corporation
Robert A. Spiegel, Mayor Authorized Signature
Date: Date:
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Michael Errante, P.E.
Director Of Public Works
David J. Erwin, City Attorney
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CONTRACT NO.xxxxxx
EXHIBIT "A"
CONSULTANT'S PROPOSAL
OF
SERVICES
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City of Palm Desert 2004 Capital Improvement Projects JN 20-100545
Monument Rehabilitation
EXHIBIT "A"
SCOPE OF SERVICES
RBF agrees to perform the following scope of services for the 2004 City of Palm Desert
Capital Improvement Projects. This proposal is not based on any preliminary plans and
only provides a "per monument" fee for the services described below.
TASK 1 MONUMENT REHABILITATION
Consultant shall research the records and compile a plan showing the monumentation
(including, but not limited to, centerline, right-of-way and section corners) that may be
vulnerable to disturbance, destruction, or covering by material as a result of construction,
reconstruction or maintenance.
Prior to construction, Consultant shall field locate each monument and set and measure
sufficient reference tie accessory points to each monument, as required under Section
8771 of the Professional Land Surveyor Act, and file a preliminary Corner Record
document with the County Surveyors Office, also required under Section 8773.3 of said
Land Surveyors Act.
After completion of construction, reconstruction or maintenance, Consultant shall replace
any disturbed or destroyed monuments as required under said Section 8773.3 per City of
Palm Desert Standards, and submit a final Corner Record to the County Surveyors Office
for filing as a public record, said final Corner Record document showing the monument(s)
destroyed, tied out and replaced.
Consultant will assemble post -construction monument records into digital recovery notes in
a PDF (Portable Document Format) format, including monument character, location,
coordinates and elevations if known, and a digital photograph. A graphical map interface
will be prepared to provide interactive access to all monument records assembled for the
project.
The number of vulnerable monuments as a result of this project is not currently known and
will need to be determined by research as a portion of the work involved in this task.
Agency filing fees shall be paid by Client.
H:\PDATA\20100545 Wdmin\proposal\CityofPDprop.doc
City of Palm Desert 2004 Capital Improvement Projects
Monument Rehabilitation
OPTIONAL TASK 1
FIRST -ORDER GPS CONTROL SURVEY
JN 20-100545
Consultant will conduct a GPS geodetic control survey for survey monuments specifically
designated by the City Surveyor. This may include monuments set on section corners,
section lines, tract boundaries and major street intersections. This task would be limited to
monuments recovered under Task 1. Unless otherwise requested, horizontal control will
be based upon NAD83 (epoch 2000.35), and vertical control will be based upon NAVD88.
Horizontal control will meet the requirements of the California Coordinate System, Public
Resources Code 8801-8819, including an accuracy level of 2 centimeters circular error
probable according to the Federal Geographic Data Committee "Geospatial Positioning
Accuracy Standard, Part 2, Geodetic Control Networks", FGDC-STD-007.2-1998. Vertical
control will be derived from an over -constrained GPS network including ties to a minimum
of four NAVD88 benchmarks, and orthometric height modeling using the Geoid99 model.
Nominal accuracy for the derived elevations will be +/- 5 centimeters relative to the local
vertical control system.
OPTIONAL TASK 2 SURVEY EXTRA WORK CONTINGENCY
RBF Consulting shall provide additional Survey services for anticipated, but quantitatively
unknown work items, which may include the setting or restablishment of benchmarks
and/or other control surveys that were not anticipated or not covered under this contract.
All time worked performing these tasks shall be "Extra Work" and shall be performed under
a Field Work Requisition approved by the City of Palm Desert authorized staff.
H:\PDATA\201005451Admin\proposal\CityofPD_prop.doc
City of Palm Desert 2004 Capital Improvement Projects JN 20-100545
Monument Rehabilitation
EXCLUSIONS
Consulting services relating to any of the following tasks may be completed by RBF if
negotiated under a separate contract for an additional fee;
1. Construction Staking
2. Record of Survey Mapping
3. As -Built Surveys
4. Topographic Surveys
5. Any other services not specifically set forth the above Scope of Services.
CLIENT RESPONSIBILITIES
1. Client shall provide access to the site.
2. Client is to provide any and all indemnification, abatement, disposal or other
actions required by local, state or federal law regarding hazardous materials.
3. Client shall pay all governmental fees and costs.
4. Client will require any construction contractors to indemnify RBF from any
and all losses, damages, claims, expenses, including attorneys fees, and
costs arising out of the contractor's work, except only losses, damages,
claims, expenses including attorneys fees, and costs which are caused by
the sole negligence of willful misconduct of RBF in performing its services
under this agreement. Client will require that the construction contractors
add RBF (RBF) as an additional insured in the comprehensive general
liability, auto liability, worker's compensation and builder risk insurance
coverages required by Client.
H:\PDATA\20100545\Admin\proposaKityofPD_prop.doc
City of Palm Desert 2004 Capital Improvement Projects JN 20-100545
Monument Rehabilitation
EXHIBIT "B"
COMPENSATION
Client agrees to compensate RBF for such services as follows:
RBF shall complete the work outlined above in accordance with the fees schedule
identified below and shall invoice Client on a monthly basis on the percentage of
completion.
SURVEY TASK
Task 1
Monument Rehabilitation
A. Search & Recovery $110
B. Monument Tie -Out $170
C. Pre -Construction Corner Record $100
D. Reset Monument - Post Construction $170
E. Post Construction $100
TOTAL FEE FOR TASK 1: $650 PER
MONUMENT
OPTIONAL SURVEY TASK
Optional Task 1 First -Order Gps Control Survey
Optional Task 2 Survey Extra Work Contingency
$250 PER
MONUMENT
$3,000
Progress billings will be forwarded to the Client on a monthly basis. These billings will include
the fees earned for the billing period plus all direct costs advanced by RBF. The Client shall
make every reasonable effort to review invoices within fifteen (15) working days from the date of
receipt of the invoices and notify RBF in writing of any particular item that is alleged to be
incorrect. The fees proposed herein shall apply until January 1, 2005. Due to ever changing
costs, RBF reserves the right to increase those portions of the contract fee for which work must
still be completed after January 1, 2005 by ten percent (10%).
H:\P DATA\201005451Admin\proposal\CityofPD_prop.doc
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PROJECT
SITE
Fred Waring Drive
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Warner Trail
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Mountain View Avenue
Robin Road
VICINITY MAP
City of Palm Desert
PUBLIC WORKS DEPARTMENT
73-310 FRED WARING DRN£
PALL DESERT CA 02260-2376
Telephone: (760) 346-0611
Fee (760) 341-7006
CCSION 6,
BOE
CITY OF PALM DESERT
0101191 BY
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VICINITY MAP
Warner Trail Storm Drain Improvements
Project Area No. 4
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