HomeMy WebLinkAboutTransfer Monumentation Deposit Funds - Continuation MemoCITY OF PALM DESERT
PUBLIC WORKS
INTEROFFICE MEMORANDUM
To: Rachelle Klassen, City Clerk
From: Michael Errante, P.E., Director of Public Works
Date: June 16, 2005
Subject: Continuation of Agenda Item
Regarding the agenda item continued from April 28, 2005, titled "Transfer
Monumentation Deposit Funds and Award Contract for Survey Monuments for nine
Record Maps and file the required Documents with the City of Palm Desert and the
County of Riverside," we respectfully request that this item be continued to a date
uncertain, to allow staff more time to complete the process of selecting a qualified
applicant to perform the services.
Should you have any questions please call me at extension 447.
MEAN
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Transfer Monumentation Deposit Funds and Award Contract
No. C23710 to Pacific Engineering & Assoc., to set the
Survey Monuments for nine Record Maps and file the
required Documents with the City of Palm Desert and the
County of Riverside
MEETING DATE
SUBMITTED BY: R. Page Garner, L.S., E.I.T. �u CONTINUEDTOr,,,�Q ' v'�3•n'�
City Surveyor/Senior Engineer
APPLICANT: Pacific Engineering & Associates El PASSED TO 2ND READING
41-230 Carlotta Drive
Palm Desert, CA 92211
DATE: April 28, 2005
CONTENTS: Proposal
Agreement
Recommendation:
By Minute Motion:
1. Award contract No. C 23710 to Pacific Engineering &
Associates of Palm Desert, California, in the amount of
$40,000.00, to set the survey monuments for nine
recorded Tract and Parcel Maps (listed below) and file
the required documents with the City of Palm Desert and
the County of Riverside; authorize the Mayor to execute
same.
2. Set aside $2,435.00 for contingencies for said
agreement.
Staff Report
Page 2of3
April 28, 2005
3. Authorize the transfer of funds from the following trust
deposits to the professional services account to provide
funding for the contract in accordance with Municipal
Code Section 26.28.130:
TR 25102-1
TD 2283
$18,000.00
TR 27882-1
TD 1790
$3,275.00
TR 27882-2
TD 1791
$10,750.00
TR 19847-3
TD 1108
$5,000.00
PM 28090
TD 1911
$2,500.00
PM 28602
TD 2296
$700.00
PM 27044
TD 1097
$250.00
PM 28251
TD 2056
$1,460.00
PM 26609
TD 1078
$500.00
Total
$42,435.00
Discussion:
Survey monuments are required at the locations as shown on a final map (i.e., lot
corners, street centerline, etc.). An audit conducted by staff revealed that the
City was still holding funds deposited by the developers of nine different projects
to guarantee that monumentation would be set. The deposits for the Tract and
Parcel Maps were filed between 1985 and 2000 and they total $42,435.
Staff has performed preliminary field investigations to ascertain whether the
monuments were ever set, since the deposits held specifically for survey
monumentation were never released. Staff found no evidence that the
monuments shown on the maps were ever set in the form of physical monuments
nor as records in the engineering files. Staff subsequently made public
advertisement for proposals to complete the required work, as recommended by
the City Attorney.
Under the guidance of the City Attorney, staff made several attempts over the
last two years to contact the developers and engineers/land surveyors
responsible for setting monuments for each map. Staff was either unsuccessful
in contacting anyone regarding a map, or the responsible party requested that
the City use the deposit to have someone else set the monuments. The City of
Palm Desert municipal code contains a provision that allows the City to utilize the
deposited funds to complete the work in the event that the responsible party is
unable or unwilling to complete the work themselves.
GAPub WorkslStaff Repons120MApril 281Award monumentation contract Pacific Engineering doc
Staff Report
Page 3 of 3
April 28, 2005
Staff subsequently made public advertisement for proposals to complete the
required work, as recommended by the City Attorney. Proposals to complete the
work were received from the following firms:
RBF Consulting Palm Desert, California
Wright Land Surveying Palm Desert, California
Tri-State Land Surveying La Quinta, California
Pacific Engineering & Assoc. Palm Desert, California
Staff carefully reviewed the proposals and considered the qualifications of each
firm as it relates to the contract at hand. Staff recommends the contract be
awarded to Pacific Engineering & Associates of Palm Desert, California, and is
confident in the value being received.
Additional funding for this contract should not be required, as funding is sufficient
from the sum of all trust deposits. The funds from each trust deposit will be
transferred to the Public Works professional services account, 110-4300-413-
3310, following Council approval.
Therefore, staff recommends that City Council, by minute motion, transfer
monumentation deposit funds in the amount of $42,435 from trust deposit
accounts to the professional services account and award contract No. C 23710 to
Pacific Engineering & Associates of Palm Desert, California, in the amount of
$40,000, to set the survey monuments for nine recorded Tract and Parcel Maps
and file the required documents with the City of Palm Desert and the County of
Riverside.
Submitted By:
P'q "'(' R",
R. Page Garner, L.S., E.I.T.
City Surveyor
Approv
ACM for Dement Services
City Manager
/dhl
Z
ment Head:
Michael Errante, P.E.
Director of Public Works
Finance Director
G:IPubWorkslStaKReports120051April 2"ward monumentatron contract Pacific Engineeang.doc
CONTRACT NO. C23710
AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of April, 2005, by and
between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to
as "CITY" and PACIFIC ENGINEERING & ASSOCIATES, hereinafter referred to as
"ENGINEERILAND SURVEYOR".
WITNESSETH:
WHEREAS, ENGINEER/LAND SURVEYOR is a corporation, the principal
members of which are Professional ENGINEER/LAND SURVEYOR's duly registered
under the laws of the State of California; and
WHEREAS, CITY desires to engage ENGINEER/LAND SURVEYOR to render
certain technical and professional engineering services as set forth in Exhibit "A"
(Engineer's Proposal of Services) in connection with the design of MONUMENTATION
SUBSTITUTION PROJECT.
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage ENGINEER/LAND SURVEYOR to
perform the technical and/or professional services as hereinafter set forth.
(2) ENGINEER/LAND SURVEYOR 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 TubWorks\Land DevelopmentWonument Substitution\DESIGN AGREEMENT.doc
CONTRACT NO. C23710
(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 ENGINEER/LAND SURVEYOR without charge
by CITY and CITY shall cooperate in every way reasonable in the carrying out of the
work without delay.
(4) ENGINEER/LAND SURVEYOR 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
ENGINEER/LAND SURVEYOR 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 ENGINEER/LAND SURVEYOR to proceed.
(7) The ENGINEER/LAND SURVEYOR 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 ENGINEER/LAND SURVEYOR shall review and
receive the Director of Public Works approval of the details of work as it progresses.
The Registered Civil Engineer authorized to practice Land Surveying hereby designated
by the ENGINEER/LAND SURVEYOR as its representative for supervision of the work
required by this Agreement is LYDIA R. SHINOHARA R.C.E. No. 32182.
2
G:\PubWorks\Land DevelopmentWonument Substrtution\DESIGN AGREEMENT doc
CONTRACT NO. C23710
(8) The ENGINEER/LAND SURVEYOR warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the consultant, to solicit or secure this Agreement, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely
for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the right to annul this
Agreement without liability, or in its discretion to deduct from the contract price or
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 ENGINEER/LAND SURVEYOR's services,
in the sole judgment of CITY, are unsatisfactory or because of the ENGINEER/LAND
SURVEYOR'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 ENGINEER/LAND
SURVEYOR shall be paid the reasonable value of the services rendered, based upon
ENGINEER/LAND SURVEYOR's standard hourly rates, up to the time of the
termination. The ENGINEER/LAND SURVEYOR shall keep adequate records to
substantiate costs and provide copies of original timecards in the event of termination or
suspension.
3
G:\PubWorks\Land Development\Monument Substitution\DESIGN AGREEMENT doc
CONTRACT NO. C23110
(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 ENGINEER/LAND SURVEYOR 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 ENGINEER/LAND SURVEYOR. In the event CITY
and ENGINEER/LAND SURVEYOR permit the re -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 ENGINEER/LAND SURVEYOR
regarding such re -use or other use, and CITY shall require the party using them to
eliminate any and all references to ENGINEERILAND SURVEYOR from the plans,
specifications, reports and other design documents.
(11) The ENGINEER/LAND SURVEYOR 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 ENGINEER/LAND SURVEYOR shall be made except by supplemental authority
in writing between CITY and the ENGINEER/LAND SURVEYOR. 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 ENGINEER/LAND SURVEYOR, if any.
4
G1PubWorWLand DevelopmentlMonument SubstltutionIDESIGN AGREEMEN7,doc
CONTRACT NO. C23710
(13) In connection with the execution of this Agreement, the
ENGINEER/LAND SURVEYOR shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex or national origin. The
ENGINEER/LAND SURVEYOR 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 ENGINEER/LAND
SURVEYOR.
(14) The CITY agrees to pay the ENGINEER/LAND SURVEYOR for the
work required by this Agreement on the following basis:
ENGINEER/LAND SURVEYOR shall submit invoices monthly for services
performed in the previous month not to exceed the total contract amount of: $40,000.00
(Forty Thousand Dollars 00/100 ONLY). CITY agrees to pay all undisputed invoices
within thirty (30) days of receipt of invoice. CITY agrees to notify ENGINEER/LAND
SURVEYOR of disputed invoices within fifteen (15) days of receipt of said invoice.
(15) The ENGINEER/LAND SURVEYOR agrees to complete the work
and submit the Final Design engineering phase as displayed in Exhibit "A".
5
GAPOWorWLand DevetopmentlMonument SubshtutionIDMGN AGREEMENT.doc
CONTRACT NO. C23710
(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 ENGINEER/LAND SURVEYOR without
written consent of the CITY.
(18) The ENGINEER/LAND SURVEYOR 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
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.
6
GAPubWorks\Land Development\Monument Substilution\DESIGN AGREEMENT doc
CONTRACT NO. C23710
The ENGINEER/LAND SURVEYOR 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
ENGINEER/LAND SURVEYOR further covenants that in the performance of this work
no person having any such interest shall be employed by the ENGINEER/LAND
SURVEYOR.
(20) The ENGINEER/LAND SURVEYOR shall indemnify and save
harmless the CITY, its officers and employees from and against any liability, loss, cost
or expense resulting from any injury or damage to persons or property caused by the
negligent acts or omission of the ENGINEER/LAND SURVEYOR, its agents or
employees, while engaged in the performance of this Agreement. The
ENGINEER/LAND SURVEYOR shall submit to CITY, prior to the Notice to Proceed is
issued, certification of adequate coverage for "errors and omission" insurance in
amounts approved by the City Attorney. Any such insurance shall not be canceled prior
to written notice to and approval from the CITY.
(21) In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement;
(c) Exhibit "A" (Engineer's Proposal of Services, and any written
modifications thereto).
7
GAPubWorks\Land DevelopmentWonument SubsutuuOnOESIGN AGREEMENT.doc
CONTRACT NO. C23710
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT PACIFIC ENGINEERING & ASSOC.
Municipal Corporation
Buford A. Crites, 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
GAPubWorks\Land DevelopmentWonument SubstitutiOnOESIGN AGREEMENT doc
CONTRACT NO. C23710
EXHIBIT "A"
ENGINEER/LAND SURVEYOR'S PROPOSAL
OF
SERVICES
G:\PubWorks\Land Development\Monument Substitution\DESIGN AGREEMENT.doc
PACIFIC ENGINEERING Contract No. C23710
& ASSOCIATES
CIVIL ENGINEERING • PLANNING • SURVEYING
R. Page Garner, LS, EIT March 25, 2005
Senior Engineer/City Surveyor
Public Works Department
City of Palm Desert
73 -5 10 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Garner:
We are responding to your Public Advertisement for the Request for Proposal (RFP) for Land
Surveying Services for Land Development Division for the following maps:
Tract Map 25102-1
2. Tract Map 27882-1 (Corte Bella only)
3. Tract Map 27882-2
4. Tract Map 19847-3
5. Parcel Map 27044
6. Parcel Map 28090
7. Parcel Map 28602
8. Parcel Map 28251
9. Parcel Map 26609
The work performed will be under my direct supervision (Lydia R. Shinohara, RCE No. 32182).
I have over 25 years of experience in civil engineering, including mapping. My work experience
includes working for the City of Colton (1977), JF Davidson & Associates (1978-1988),
Principal of VS Associates (1988-1992), and Principal of Pacific Engineering & Associates
(1992-present).
Andy L. Nielsen, L.S.I.T. who has been working as a Party Chief for various different
engineering/surveying companies since 1973 will be running 2 survey crews for this job if
awarded to Pacific Engineering & Associates.
Please find enclosed our hourly rate and Cost Proposal for the RFP, itemizing cost breakdown for
each of the maps to do the necessary supplies, material, instrumentation, equipment, personnel,
supervision and transportation to carry out all tasks.
Please find also attached our proof of insurance as follows:
Commercial General Liability $2,000,000/$1,000,000 for General Aggregate/Each Occurrence
Professional Liability (E&O) $1,000,000/$2,000,000
Automotive Comprehensive $1,000,000/$1,000,000 Liability
41-230 Carlotta Drive, Palm Desert, CA 92211 (760) 346-4264, Fax (760) 779-5994, E-mail paceng@earthlink.net
Contract No. C23710
City of Palm Desert RFP
March 25, 2005
Page 2 of 2
Pacific Engineering & Associates deals with subcontractors only and has no employees, therefore
carries no Workman's Compensation.
It would be our general intent if awarded the project to immediately commence a field search for
the survey monuments in the 9 maps listed above, which will take approximately one week's
time. This would be followed with an analysis of the maps against the field data. We shall then
proceed with setting substitute monuments of type specified by recorded map with my tag,
RCE32182. Tie notes and certificate of corrections for the monument substitution will be
prepared and submitted to both the City of Palm Desert and the County of Riverside. We
anticipate all the work to be completed within 3 months.
Thank you for this opportunity for us to submit our proposal for this job. We look forward to
being able to help the City of Palm Desert with its needs.
Sincerely Yours, oQ�OfESS/AYq�
t.. SNl,yo
0
NO. 32182 > A
DEC. 31, 2006
Lyd1a R. Shinohara, P.E. slq aFrcn��F\!
RCE No. 32182 Exp.12/31/2006
March 25, 2005
City of Palm Desert Cost Proposal
Page 1 of 3
COST PROPOSAL
1. Tract Map 25102-1 $ 9,500
• Field Research
$
500
• Monument Wells (7 Ea.)
$
3,000
• 1" I.P. Tract Boundary
$
1,000
• Property Corners
$
3,500
• Monument Ties
$
1,000
• Certificate of Correction
$
500
Total
$
9,500
2. Tract Map 27882-1 (Corte Bella only) $ 4,000
• Field Research
$
500
• Centerline Monuments
$
1,000
• Property Corners
$
1,500
• Monument Ties
$
500
• Certificate of Correction
$
500
Total
$
4,000
3. Tract Map 27882-2 $ 12,000
• Field Research
$
500
• Monument Wells (2 Ea.)
$
1,000
• Property Corners
$
7,500
• Centerline Monuments
$
1,500
• Monument Ties
$
1,000
• Certificate of Correction
$
500
Total
$ 12,000
4. Tract Map 19847-3 $ 2,250
• Field Research
$
250
• Centerline Monuments
$
1,000
• Monument Ties
$
500
• Certificate of Correction
$
500
Total
$
2,250
Lll
Consultant Initials
Client Initial
Contract No. C23710
Contract No. C23710
March 25, 2005
City of Palm Desert Cost Proposal
Page 2 of 3
5. Parcel Map 27044
• Field Research
• Centerline Monuments
• Monument Ties
• Certificate of Correction
Total
6. Parcel Map 28090
• Field Research
• Map Monuments
• Monument Ties
• Certificate of Correction
Total
7. Parcel Map 28602
• Field Research
• Map Monuments
• Monument Ties
• Certificate of Correction
Total
8. Parcel Map 28251
• Field Research
• Map Monuments
• Monument Ties
• Certificate of Correction
Total
$ 2,250
$ 250
$ 1,000
$ 500
$ 500
$ 2,250
$ 2,500
$ 250
$ 1,250
$ 500
$ 500
$ 2,500
$ 2,500
$ 250
$ 1,250
$ 500
$ 500
$ 2,500
$ 2,500
$ 250
$ 1,250
$ 500
$ 500
$ 2,500
Consultant Initials Client Initial
Contract No. C23710
March 25, 2005
City of Palm Desert Cost Proposal
Page 3 of 3
9. Parcel Map 26609
$
2,500
• Field Research
$
250
• Map Monuments
$
1,250
• Monument Ties
$
500
• Certificate of Correction
$
500
Total
$
2,500
Summary:
1.
Tract Map 25102-1
$
9,500
2.
Tract Map 27882-1 (Corte Bella only)
$
4,000
3.
Tract Map 27882-2
$ 12,000
4.
Tract Map 19847-3
$
2,250
5.
Parcel Map 27044
$
2,250
6.
Parcel Map 28090
$
2,500
7.
Parcel Map 28602
$
2,500
8.
Parcel Map 28251
$
2,500
9.
Parcel Map 26609
$
2,500
Grand Total
$ 40.000
Our proposal above reflects using copperwelds in lieu of any missing spikes and washers
called out in the streets per the map. Any missing monuments called out as "found" on the
map would be additional per our hourly rate (attached).
Ly is R. Shinohara, P.E.
RCE No. 32182 Exp.12/31 /2006
QROFESS/p�,,
a �
N0. 32182 >
* DEC. 31, 2111
�frf OFICAOi
Consultant Initials &-� Client Initial
PACIFIC ENGINEERING
& ASSOCIATES
CIVIL ENGINEERING - PLANNING - SURVEYING
SCHEDULE OF HOURLY BILLING RATES
January 1, 2005 to December 31, 2005
Contract No. C23710
Principal.............................................................................................................$
Project Engineer/Surveyor/Planner....................................................................$
Design Engineer/Planner...................................................................................$
Designer............................................................................................................$
Draftsperson......................................................................
,..............................$
Clerk/Typist........................................................................................................
$
One-man Survey Crew......................................................................................$
Two -man Survey Crew......................................................................................$
Three-man Survey Crew....................................................................................$
Survey crew travel time exceeding one hour at 80% of Base rate.
Mileage at $ 0.40/mile.
Materials at cost plus 15%.
Blueprints and document reproductions at cost plus 15%.
Outside services at cost plus 15%.
BILLING SCHEDULE
130.00
120.00
105.00
95.00
85.00
47.00
150.00
190.00
240.00
• PROGRESS BILLINGS WILL BE FORWARDED TO THE CLIENT ON A MONTHLY BASIS.
• PAYMENT OF INVOICE(S) ARE DUE UPON RECEIPT. THE COMMENCEMENT FEE WILL APPLIED
TO THE LAST INVOICE(S) TOWARDS 100% COMPLETION.
• THESE BILLINGS WILL INCLUDE THE FEES EARNED FOR THE BILLING PERIOD PLUS ALL
REIMBURSABLE CHARGES AND DIRECT COSTS ADVANCED BY CONSULTANT. ANY
UNQUESTIONED INVOICED BY CLIENT WITHIN 10 DAYS OF THE DATE OF THE INVOICE
THEREAFTER SHALL BE DEEMED ACCURATE AND APPROVED.
• PAYMENTS OF INVOICE(S) RECEIVED AFTER 30 DAYS OF THE DATE OF INVOICE WILL BE
SUBJECT TO A FINANCE CHARGE OF 1.5% PER MONTH (18% APR).
41-230 Carlotta Drive, Palm Desert, CA 92211 (760) 346-4264, Fax (760) 779-5994, E-mail paceng@earthlink.net