HomeMy WebLinkAboutC27070 - MSA Consulting, Inc.CONTRACT NO.c2�o�o
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THIS AGREEMENT, made and entered into this 25'h day of October 2007, by
and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter
referred to as "CITY" and MSA Consulting, Inc., hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is duly registered under the laws of the State of
California; and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and/or professional CONSULTING services as set forth in Exhibit "A" (Consultant's
Proposal of Services) in connection with Engineering Support Services within the Public
Works Department;
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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(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 Civil CONSULTANT
hereby designated by the CONSULTANT as its representative for supervision of the
work required by this Agreement is Robert S. Smith, P.E., R.C.E. 26401.
(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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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 othe� work without the
written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re-
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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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(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. 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 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
the City Council, officer or employee of the CITY has any interest, whether contractual,
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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.
(21) 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).
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CONTRACT NO.c27o7o
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
THE CITY OF PALM DESERT CONSULTANT
Municipal Corporation
Richard S. Kelly, Mayor
DATE:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
Authorized Signature
DATE:
DAVID J. ERWIN, CITY ATTORNEY
CONTRACT NO.c2�0�o
EXHIBIT "A"
CONSULTANT'S PROPOSAL
OF
SERVICES
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- PLANNING ■ CiVIL ENGIKEERING ■ LAND�SURVEYING '
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September 19, 2007 '
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Mr, Joe Gaugush, P.E.
DEPARTMENT OF PUBLfC WORKS
CITY 4F PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Subject: Palm Qesert Assessment District
Proposal for Engineering and Related Services
Dear Mr. Gaugush:
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As a follow up to our meeting this week, we wish to provide you with the following
proposal for professional services related to the Assessment Dis#rict work.
For background purposes, we should point out that our previous contract work was
administered by Ponderosa Homes and all invoices were paid by them as we11. Since
that initial contract scope was completed and the p�oject is well beyond the planning
and initial design engineering phase, Jeff Schroeder would like payments for continued
work done by MSA to come from the City funding mechanism for the assessment
district.
As discussed during our meeting, the engineering tasks are �enerally in response to the
needs of the district and date back to approximately June 15 . Due to the nature of
the work, we both agreed that an hourly agreement, with a not-to-exceed ceiling, is the
most appropriate contract format. We will provide you with detailed invoices with work
descriptions to support any time spent on the project.
Scope of Services
The primary categories of work effort are as follows:
1. Revised l-10 Sewer Crossing Design and Caltrans Encroachment Permit —
provide engineering design and support for the new I-10 sewer crossing concept
using the existing line in place and a new 24" casing and 12" PVC line, thereby
eliminating the temporary sewer rerouting. Provide a new encroachment plan
and application to Caltrans to replace the previously submitted package.
34200 Bos HoPE Daiv�. � RAVCHO MIRAGF �_. CAL.IFORNIA ':: 92Z%O
760-320-9811 .� 760-323-7893 FAX ��] WWW.MSACONSULTINGINC.COM
Mr. Joseph Gaugush
September 19, 2007
Pa�e Two
2. Redesign of 18" Water Main in Gerald Ford Drive - Provide engineering
senrices related to modifications to the existing water main design, including 45
degree bends to adjust the point of connection; required since the CVWD
inspector determined the water main alignment in front of Lawes did not match
the approved plans by Favreau Engineering.
3. Dry Utility Coordination — Provide as needed assistance in resolving issues
related to SCE easements, undergrounding and related dry utility coordination as
required by the District.
4. Plan Requests and Data Transfers — Provide district property owners and their
engineers with engineering plans and digital data on an as-needed basis.
5. General Construction Support Services and Surveying — Provide on-going
construction support services such as responding to RFI's, periodic site visits
and construction survey support as requested.
Compensation
The above described work shall be performed on an hourly basis in accordance with
our prevailing fee schedule up to a Not-to-Exceed total of Forty-eight thousand
dollars ($48,000). Invoices will be submitted monthly for work performed previously
with a description of services and back-up as requested. Reimbursable expenses such
as reproduction shall be included.
We look forward to receipt of the formal agreement with standard City of Palm Desert
provisions and would be pleased to answer any questions you might have.
Very truly yours,
�°v,���-¢�, .,��L��
Robert S. Smith, P.E. �
President
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34200 BOB HOPE URIVE `_' RANCHO MIRAGE `=' CALIFURNIA � 922%O
760-320-9811 � 760-323-7893 Fnx =. wcvw.MSACoHsvLT�r�cIhc.coM
VICINITY MAP
ASSESSMENT DISTRICT 29
Project 627-05