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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. G:\PubWorks\Cora Salas\My Documents\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc 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 G:\PubWorks\Cora Salas\My Documeras\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc 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- G:\PubWorks\Cora Salas\My Documer8s\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc 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. G:\PubWorks\Cora Salas\My Documera4s\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc 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 G:\PubWorks\Cora Salas\My Documergs\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc 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: G:\PubWorks\Cora Salas\My Documer6s\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc 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 G:\PubWorks\Cora Salas\My Docume4ts\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc CONTRACT NO.xxxxxx EXHIBIT "A" CONSULTANT'S PROPOSAL OF SERVICES G:\PubWorks\Cora Salas\My Documents\Survey RFP\AGREEMENT CONSULTANT Land Surveying.doc 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 3f1N3Ad V90 80 d W 0 0 cc a_ 0 z_ U L W 0 0 Jana 213dIdaNVS s3M)lan03 IdONVS )IoVaa mita ar 0 0 z cc ?]a V1L01SV3 0 Ld 0 00 13 AVMONIW3H = Z oa: z 0 z 0 -1 0 z w w 3f1N3Ad 3f1N3AV A3N31NO N •c A32i31NOW N3A`d ) 32}31NOW 0. __3 0 N3AVH1:01/.4 3 3AV Il 1 :r . 0 z c� 0 z w 0 0 a_ w 0 PROJECT SITE Fred Waring Drive 11/6/;`o Warner Trail Ch 0 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 BOE CHM 6F AR VICINITY MAP Warner Trail Storm Drain Improvements Project Area No. 4 SHEET SHEETS FAA MAIDEN NdN1Y YM.DMG DATE 06/30/2003 F--1E 6 s3.--cam 1 film" o• zz LJ 0 w J zO =w z>- o1— Qz Q I—O z 0 J ec W IS N000 210 30VS M0113). 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