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Home My WebLink AboutC24100B Surveying of Monuments Fred Waring Drive Soundwall 654-01REQUEST: SUBMITTED BY: APPLICANT: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C24100B to Guida Surveying, Inc. of La Quinta, California, for Surveying of Monuments in conjunction with the Fred Waring Drive Widening Soundwall (Project 654-01) John A. Garcia, P.E., Engineering Manager Guida Surveying, Inc. 79-440 Corporate Center, Suite 114 La Quinta, California 92253 July 13, 2006 Agreement Proposal Vicinity Map By Minute Motion: 1. Award Contract No. C24100B to Guida Surveying, Inc. of La Quinta, California, in an amount not to exceed $48,000.00, for surveying of existing monuments in conjunction with the Fred Waring Drive Widening Soundwall (Project 654-01). 2. Set a side a 10% contingency. 3. Authorize the Mayor to execute the agreement. Discussion: On June 8, 2007 City Council awarded contract no. C24100 for the construction of the Fred Waring Drive Soundwall to Sukut Construction, Inc., of Santa Ana, California, in the amount of $6,931,432.50. The City of Palm Desert as the owner of these improvements is required to mark all existing monuments that may be disturbed during construction so that the contractor may re-establish them. Approve Contract No. C24100B for Survey of Monuments (Project 654-01) Page 2 of 2 July 13, 2006 Staff advertised a request for proposals for these surveying needs and received responses from the following firms: Guida Surveying, Inc. La Quinta, California CES Corona, California Staff evaluated the submitted proposals and based upon the evaluation, staff recommends awarding the contract to Guida Surveying, Inc. Funds are available in account number 400-4399-433-4001. Therefore, staff recommends that City Council award Contract No. C to Guida Surveying, Inc. in an amount not to exceed $48,000.00, set aside a 10% contingency, and authorize the Mayor to execute the contract. Submitted By: Johr. Ga►cia, P.E. Eng(p'ering Manager Approval: Homer Croy ACM for Development Services Carlos L. Ortega City Manager /cls/d hl Department Head: c1.4'1, Mar. =reenwood, P.E/ Director of Public Works Poi1' Paul it. fibs Finace Director CITY COUNCIL,ACTION: APPROVED ,1/ DENIED RECEIVED OTHER MBETIN DATE ' )� • OCQ AYES:'WA [ 1 y, 4iemei arri LL z1 NOES: cc1v ABSENT: A1{S)'* ABSTAIN: VERIFIED BY: t' / Original on File w ity Clerk's Office G:\PubWorks\Staff Reports12006VuIy 13\13 Award Contract Guida FWD Soundwall Surveying 654-01 4ward 654-01 Surveying Guida.doc CONTRACT NO. AGREEMENT THIS AGREEMENT, made and entered into this 13th day of July, 2006, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and Guida Survevinq, 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 surveying of Proiect: Fred Waring Drive Wideninq Soundwall (Project 645-01). 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. W \Agenda Items\2006-July 13�,Award Contract Guida FWD SoundwalI Surveying 654-01\DESIGN AGREEMENT CONSULTANT-Guida doc CONTRACT NO. (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 Public Licensed Surveyor hereby designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is Walter E. Cudmore P.S.L. No. 4490. (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 W:Wgenda Items\2006-July 13Wward Contract Guida FWD SouQdwall Surveying 654-01\DESIGN AGREEMENT CONSULTANT- Guida.doc CONTRACT NO. 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 survey 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- W:Wgenda Items\2006-July 13Wward Contract Guida FWD Sou3dwall Surveying 654-01\DESIGN AGREEMENT CONSULTANT- Guida.doc CONTRACT NO. use or other use of the plans, specifications, reports or other survey 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 survey 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. W:1Agenda Items12006-July 13Wward Contract Guida FWD Sou4dwall Surveying 654-011DESIGN AGREEMENT CONSULTANT- Guida.doc CONTRACT NO. (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: $48,000.00 (Forty Eight Thousand Dollars: NO/100 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 surveying 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 thereof. The parties hereto covenant and agree that to their knowledge no member of W:1Agenda Items12006-July 13Wward Contract Guida FWD Sougdwall Surveying 654-011DESIGN AGREEMENT CONSULTANT- Guida.doc CONTRACT NO. the City Council, officer or employee of the CITY has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. The CONSULTANT hereby covenants that he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. (20) The CONSULTANT shall indemnify and save harmless the CITY, its officers and employees from and against any liability, loss, cost or expense resulting from any injury or damage to persons or property 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) The City shall not be responsible for payment for services by the Consultant that are directly related to addressing discrepancies, errors, omissions, ambiguities, etc in the plans, specifications, and estimates prepared by the consultant. W:Wgenda Items\2006-July 13Wward Contract Guida FWD Sougdwall Surveying 654-01\DESIGN AGREEMENT CONSULTANT- Guida.doc CONTRACT NO. (22) In case of conflicts within the contract documents, the document precedence shall be as follows: (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 Jim Ferguson, Mayor Authorized Signature Date: ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director Of Public Works David J. Erwin, City Attorney Date: W:Wgenda Items\2006-July 13Wward Contract Guida FWD Soutjdwall Surveying 654-01\DESIGN AGREEMENT CONSULTANT- Guida.doc CONTRACT NO. EXHIBIT "A" CONSULTANT'S PROPOSAL OF SERVICES W:Wgenda Items\2006-July 13Wward Contract Guida FWD Soundwall Surveying 654-01\DESIGN AGREEMENT CONSULTANT- Guida.doc X C 117•, 7, 2006 City of Palm Desert Public Works Department 73-510 Fed Waring Drive Palm Desert, California 92260 Attn: Cora Salas RE: Proposal for a Back Property line recovery, prep and record preliminary corner ties. Dear Cora, Guida Surveying, Inc. is pleased to submit the following revised proposal per my conversation with Page Garner, City Surveyor on this date_ A. Recovery of centerline control for Fred Waring Drive and set control points along Fred Waring Drive for recovery of existing back property lines and calculation of backline search points for city provided sub- division record maps $ 7,000 B. Recovery of existing property corners for 102 lots. $ 24,000 C. Set corner ties on Property Line Prod on the South Curb line of Fred Waring the South Curb line of Florida Avenue and file a Comer Record for each found corner per Riverside County and the City of Palm Desert Standard. With the assumption of 30% find rate. $ 17,000 Total S 48.000 City of Palm Desert to provide sub -division maps for recovery purposes. If this proposal is satisfactory, please sign below as your acceptance and notice to proceed. If you have any questions or additions please give me a call. 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