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HomeMy WebLinkAboutC26010 Set Survey Monuments for Nine Record Maps and File the Required DocumentsREQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Transfer Monumentation Deposit Funds and Award Contract No. C26olo to Psomas, 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 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Psomas 2010 Iowa Avenue, Suite 101 Riverside, CA 92507 DATE: November 16, 2006 CONTENTS: Proposal Agreement Recommendation: By Minute Motion: 1. Award contract No. C26o10 to Psomas of Riverside, California, in the amount of $42,435.00, 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, and authorize the Mayor to execute same; 2. Authorize the transfer of funds from the following trust deposits to the professional services account to provide funding for the contract in accordance with Section 66498 of the Subdivision Map Act and Municipal Code Section 26.28.130: TR 25102-1 TD 2283 TR 27882-1 TD 1790 TR 27882-2 TD 1791 TR 19847-3 TD 1108 PM 28090 TD 1911 PM 28602 TD 2296 PM 27044 TD 1097 PM 28251 TD 2056 PM 26609 TD 1078 Total Discussion: $18,000.00 $3,275.00 $10,750.00 $5,000.00 $2,500.00 $700.00 $250.00 $1,460.00 $500.00 $42,435.00 Survey monuments are required to be installed to perpetuate the position of lot corners per final maps. 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 P‘ Contract NO. C26010 Monumentation Deposit Funds Page 2 of 2 November 16, 2006 would be set. The deposits for the Tract and Parcel Maps were submitted between 1985 and 2000, and total $42,435.00. 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. 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 (as well as state law) 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. 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 and the City Attorney recommend that City Council, by minute motion, transfer monumentation deposit funds in the amount of $42,435.00 from trust deposit accounts to the professional services account and award contract No. C to Psomas of Riverside, California, in the amount of $42,435.00, 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. Prepared By: R. Page Garner, L.S. Sr. Engineer/City Surveyor Approval. Homer Croy ACM for Dev Carlos L. Ort City Manager pmen Mark Gree wood, P.E. Director of Public Works LuUNCJL ACTIONRaul Gibson PR §° FiREAUEADir ctor 9,� TING D.: TE S: K ABSENT: C. ABSTAIN: f in lfFaIEFEr01rif' `Wovemoer 101J NilBilnutntry Original on File with Ci ER D io 1 .. bPic' . /dhl \Award monumentation contract Psomas.doc erk's of Contract No. C26010 AGREEMENT THIS AGREEMENT, made and entered into this 16th day of November, 2006, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and PSOMAS, hereinafter referred to as "LAND SURVEYOR". WITNESSETH: WHEREAS, LAND SURVEYOR is a corporation, the principal members of which are Professional LAND SURVEYOR's duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage LAND SURVEYOR to render certain technical and professional land surveying services as set forth in Exhibit "A" (Land Surveyor's Proposal of Services) in connection with the MONUMENTATION SUBSTITUTION PROJECT. NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage LAND SURVEYOR to perform the technical and/or professional services as hereinafter set forth. (2) 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. (3) All information, data, reports, 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 LAND SURVEYOR without charge by CITY and G:\PubWorks\Staff Reports\2006\November 16\3 Monumentation Deposit Funds Psomas\Psomas Agreement Monument Substitution.doc Contract No. C26010 CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) 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 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 authorized LAND SURVEYOR to proceed. CITY's Director of Public Works has not (7) The LAND SURVEYOR shall work closely with the CITY's Surveyor, or his designated representative, who shall be the principal officer of the CITY. The LAND SURVEYOR shall review and receive the City Surveyor's approval of the details of work as it progresses. The Registered LAND SURVEYOR hereby designated by the LAND SURVEYOR as its representative for supervision of the work required by this Agreement is PAUL PEREA, P.L.S. No. 6199. (8) The 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. G:\PubWorks\Staff Reports\2006Wovember 16\3 Monurnentation Deposit Funds Psomas\Psomas Agreement Monument Substituuon.doc Contract No. C26010 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 LAND SURVEYOR's services, in the sole judgment of CITY, are unsatisfactory or because of the 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 LAND SURVEYOR shall be paid the reasonable value of the services rendered, based upon LAND SURVEYOR's standard hourly rates, up to the time of the termination. The LAND SURVEYOR shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. (10) All documents including field notes, tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all maps, notes, specifications, reports and other survey documents prepared by 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 LAND SURVEYOR. In the event CITY and LAND SURVEYOR permit the re -use or other use of the maps, notes, specifications, reports or other survey documents, CITY shall require the party using them to indemnify and hold harmless CITY and LAND SURVEYOR regarding such re -use or other use, and CITY G:\PubWorks\Staff Reports\2006\November 16\3 Monumentalion Deposit Funds Psomas\Psomas Agreement Monument Substitution.doc Contract No. C26010 shall require the party using them to eliminate any and all references to LAND SURVEYOR from the maps, notes, specifications, reports and other survey documents. (11) The 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 LAND SURVEYOR shall be made except by supplemental authority in writing between CITY and the 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 LAND SURVEYOR, if any. (13) In connection with the execution of this Agreement, the LAND SURVEYOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The 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 LAND SURVEYOR. (14) The CITY agrees to pay the LAND SURVEYOR for the work required by this Agreement on the following basis: LAND SURVEYOR shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: $42,435.00 G.\PubWorks\Staff Reports\2006Wovember 16\3 Monumentation Deposit Funds Psomas\Psomas Agreement Monument Substitulion.doc Contract No. C26010 (Forty-two thousand four hundred thirty-five dollars: 00/100 ONLY). CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify LAND SURVEYOR of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The LAND SURVEYOR agrees to complete the work and submit the tie sheets and Certificates of Correction 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 LAND SURVEYOR without written consent of the CITY. (18) The 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 G:\PubWorks\Staff Reports\2006\November 16\3 Monumentation Deposit Funds Psomas\Psomas Agreement Monument Substitution doc Contract No. C26010 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 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 LAND SURVEYOR further covenants that in the performance of this work no person having any such interest shall be employed by the LAND SURVEYOR. (20) The 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 LAND SURVEYOR, its agents or employees, while engaged in the performance of this Agreement. The LAND SURVEYOR shall submit to CITY, prior to the Notice to Proceed is issued, certification of adequate coverage for "errors and omission" professional liability 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; (b) Exhibit "A" (LAND SURVEYOR's Proposal of Services, and any written modifications thereto). G:\PubWorks\Staff Reports\2006\November 16\3 Monumentation Deposit Funds Psomas\Psomas Agreement Monument Substitution.doc Contract No. C26010 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT Psomas 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: GAPubWOrks\Staff Reports\2006\November 16\3 Monumentation Deposit Funds Psomas\Psomas Agreement Monument Substitution.doc Contract No. C26010 EXHIBIT "A" LAND SURVEYOR'S PROPOSAL OF SERVICES G:\PubWorks\Staff Reports\2006\November 16\3 Monumentation Deposit Funds Psomas\Psomas Agreement Monument Substitulion.doc information and Enginmmg Solutions October 24, 2006 Contract No. C26010 Mr. R. Page Garner, L.S. Senior Engineer/ City Surveyor City of Palm Desert 73-150 Fred Waring Drive, Palm Desert, CA 92260-2578 Re: Surveying Services Substitute Monuments for various recorded City of Palm Desert Subdivision Final Maps City of Palm Desert, CA Dear Mr. Garner: Enclosed please find our proposal to provide substitute monuments for the recorded Final Maps within the City of Palm Desert, per our meeting on Thursday, October 19, 2006. Our proposal as set forth in our Scope of Surveying Services attached as Exhibit "A" and made a part hereof, will include the following recorded Final Maps: 1. 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 Notwithstanding circumstances beyond our control, we expect to complete our Surveying Services within ninety (90) workdays of receipt of your written authorization to proceed based on The City of Palm Desert Council approval. To authorize us to proceed, please send us, by fax or mail, a signed copy of the resolution to provide our surveying services. Upon receipt, we will sign, if required, and return to you to execute our agreement. We will begin mobilizing 48 hours after we receive the fully executed agreement. Also enclosed, please find our current Rates, Billing Policies and Procedures Statement. We look forward to working with you on this project and invite any inquiries you may have regarding our proposed services. Sinccr P O AS Paul erea, LS Vice President Surveying and Mapping 2010 Iowa Avenue Suite 101 Riverside. CA 92507 951 787.8421 951 682.3179 Fax www.psomas com P S O M A S Contract No. C26010 City of Palm Desert Surveying Services Proposal EXHIBIT "A" SCOPE OF SURVEYING SERVICES SUBSTITUTE MONUMENTS FOR VARIOUS RECORDED CITY OF PALM DESERT FINAL MAPS Page 2 of 3 October 24, 2006 The Psomas agrees to provide one (1) set of substitute monuments for the recorded City of Palm Desert Final Maps as follows: 1. Tract Map 25102-1 5. Parcel Map 27044 2. 'Tract Map 27882-1 6. Parcel Map 28090 Corte Bella Only 7. Parcel Map 28602 3. Tract Map 27882-2 8. Parcel Map 28251 4. Tract Map 19847-3 9. Parcel Map 26609 Task 1. Substitute Centerline Monuments and Ties: • Substitute Centerline Monuments: Set an 8" spike with a 1 %z" brass washer stamped "L.S. 6199", in lieu of the recorded Final Map centerline monuments to be set, unless otherwise noted. • Substitute Centerline Monument Ties: Provide one (1) set of three (3), preferably four (4) centerline monument ties for each of the Substitute Centerline Monuments. The centerline tie will be a "ramset" nail set on the adjacent top of curb, flush, unless otherwise noted. • Substitute Centerline Monument Tie sheets: Provide one (1) set of centerline tie sheets for each Final Map listed above, per the exhibit dated October 20, 2006. Task 2. Reference Property Corners (Property Line Prods) • Set a nail and brass tag stamped "L.S. 6199", on the top of curb at the intersection of curb face with the prolongation of the side lot lines, where physically possible, unless otherwise noted. Task 3. Certificate of Correction "Monument Substitution Letter" • Provide one (1) Certificate of Correction "Monument Substitution Letter" as required, for each of the recorded Final Maps listed above, describing the substitute monument set for Task 1 and 2. Total Fee $ 42,435.00 P S O M A S City of Palm Desert Surveying Services Proposal Contract No. C26010 Page 3 of 3 October 24, 2006 ASSUMPTIONS: Based on the meeting October 19, 2006, Psomas assumes the City of Palm Desert will provide research information, copies of record maps in hard copy and/ or digital AutoC AD 2004 or higher, centerline tie copies, recording process and fees at no additional cost. The City of Palm Desert will assist Psomas with "Right of Entry" into the various subdivisions, as required. TIIIS PROPOSAL DOES NOT INCLUDE SERVICES FOR: 1. Community relations 2. Other items not specifically outlined including: • ALTA Survey • Record of Survey • Title Reports • Psomas will make every effort to preserve the physical features being monumented; however will not be responsible for such surfaces that may be destroyed. • Front and rear property corners will not be set as a part of this project. P S O M A S Contract No. C26010 Efl c4ive through Fehruarv, 1, 2007 BILLING POLICIES AND PROCEDURES The relationship with our client works best when there is a mutual understanding about fees and payment terms. You are encouraged to discuss with us any questions you may have concerning these policies. BILLING: The value of our services is determined primarily by the time spent on each client matter. Our time records are kept on a weekly basis and invoices are prepared every four weeks. PAYMENTS: As there is a time lag between rendering professional services and mailing our bills, all invoices are due upon presentation. Any bills that are not paid within thirty days are classified as "delinquent". WORK STOPPAGE: Work will be stopped on any job that has invoices outstanding for more than sixty (60) days and a late charge of 1 1/2% per month will be assessed on any invoice not paid within that time. In addition, due to the costs and inefficiencies that result from stopping and restarting a job, an additional "start-up charge" will be assessed. RETAINERS: It is our policy to obtain an advance retainer from all new clients and from existing clients under certain circumstances. Also, it occasionally may be appropriate to require an advance retainer after the commencement of a project or to require an increase in a prior retainer. This depends in part on our client's payment history and the scope of the work involved. REIMBURSABLE EXPENSES: Costs, other than time charges, are based on usage. Therefore, the cost of blueprinting, messenger service, transportation, and other specific job related costs are charged as "reimbursable expenses". Generally, these costs are a very small portion of the total cost of a project. If requested, we will provide a computer printout that details these costs. We do not provide any additional back-up for these generally nominal expenses Client: Signature: Title: Date: P S O M A S Land Development Services Riverside Planning, Engineering and Surveying Office Services Field Services * S 60 - $ 80 $ 80-$110 $120 - $165 $130 - $145 $140 - $200 $175 - $250 $139 $215 $299 Contract No. C26010 Effective through Fehruaw I. 2007 Hourly Rates - Word Processors and Project Assistants - Drafters, Design Drafters and Assistant Planners - Planners, Engineers and Surveyors - Survey/GIS Project Management - Project Management, Directors - Planning and Entitlements, Principals - One -Person Survey Party - Two -Person Survey Party - Three -Person Survey Party Hourly rates for field survey parties include normal usage of electronic distance measuring equipment and survey vehicle expenses. Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate). Reimbursables Mileage at $.445 per mile (or current IRS allowable rate) and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent. The above schedule is for straight time. Overtime will be charged at 150 percent of the standard hourly rates. Sundays and holidays will be charged at 200 percent of the standard hourly rates. * Fees will be increased yearly on October 1 as granted under the current IUOE Local #12 Master Labor Agreement. P S O M A S Sample Invoice CLIENT NAME ADDRESS Contract No. C26010 Efec•tive through Fehruan 1, 2007 P.O. Box 51463 Los Angeles, CA 90051.5763 310.954.3700 310.954.3777 Fax FOR: (Description of Services) Professional services from October 29. 2004 to November 25. 2004 Professional Personnel SENIOR PLANNER PROJECT MANAGER ASSISTANT ENGINEER Total Contract Total Less This Invoice Less Prior Balance 26,000.00 340.00 6.715.00 18,945.00 Date Project No: Invoice Hours Rate Amount 0.00 195.00 0.00 2.00 170.00 340.00 0.00 90.00 0.00 340.00 Total this task $340.00 Total this invoice $340.00 Please return invoice copy with payment. Please pay from this invoice to avoid late charges. A late charge of 10% per annum will be added to all invoices more than 30 days past due. Costa Mesa Riverside Roseville Sacramento Safi Lake City Santa Clarita West Los Angeles Phoenix 714.751.7373 909 787,8421 916 788.8122 916.929.7100 801270.5777 661.219.6000 310.954.3700 602.508.6090