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HomeMy WebLinkAboutC-7685-2B - On-Call PSA for On-Call Surveying Services04 N to 00 ON -CALL PROFESSIONAL SERVICES AGREEMENT f WITH GUIDA FOR ON -CALL SURVEYING SERVICES �J THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 20th day of March, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GUIDA, a California corporation ("Consultant"), whose address is 220 Commerce, Suite 150, Irvine, CA 92602, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide On -Call Surveying Services upon request of the City's Community Development Department ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 19, 2030, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 2.1.3 The estimated number of hours and cost to complete the Services; and 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy Five Thousand Dollars and 00/100 ($75,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. GUIDA Page 2 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Tim Fettig, PLS to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Real Property Administrator or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical GUIDA Page 3 personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. GUIDA Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or GUIDA Page 5 joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. GUIDA Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may GUIDA Page 7 foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Real Property Administrator Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Bernie Mclnally, PLS I Principal, Executive VP GUIDA 220 Commerce, Suite 150 Irvine, CA 92602 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). GUIDA Page 8 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. GUIDA Page 9 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] GUIDA Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IiV /Z '" By: 1 a on 6Harp '15 3 City Attorney 131-5 ATTEST: Date: a-4. � By:_�A �- +n�= Brown City Clerk ®0 �U CITY OF NEWPORT BEACH, a California m anic'pal corporation Date: By. Seimone Jurjis Assistant City Manager CONSULTANT: GUIDA, a California corporation Date: Signed in Counterpart By: Bernie Mclnally Executive Vice President Date: Signed in Counterpart By: Lisa Spivak Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements GUIDA Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— / 9 Z2�' l By: �a�,n C. Harpttorney S ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Seimone Jurjis Assistant City Manager CONSULTANT: GUIDA, a California corporation Date: 03/19/2025 Bernie Mclnally Executive Vice President Date: 03/19/2025 By:_ --z Lis'a :§pivak Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements GUIDA Page 11 EXHIBIT A SCOPE OF SERVICES GUIDA Page A-1 ONE 111GUIDA ::::M.: ONEEME TECHNICAL APPROACH As a full -service land surveying and mapping firm, GUIDA is experienced in providing a wide variety of surveying and mapping services and deliverables to our clients. The following are the surveying, mapping, and geospatial services we will continue to provide to the City. CONTROL SURVEYS HORIZONTAL AND VERTICAL CONTROL ', Horizontal and vertical control is the foundation of every survey project. Understanding project datums, known controls, accuracy requirements, and acceptable methods to achieve the clients' expectations are all critical in planning, establishing, and producing solid and repeatable ground control. — -u, ; ' f To achieve this, each crew is equipped with Trimble GNSS receivers with both .� real-time kinematic and real-time network capabilities, Trimble total stations, digital levels, data collectors and all the appropriate fixed height tripods, bipods, and tools necessary. Prior to sending the crew out to the field, the '�`•% GUIDA project manager will review the project requirements with the City, and '� the project team to develop a control plan that will meet the project requirements for datums, epochs and accuracies. The survey crew will be provided with a field package which will include the appropriate information l for known controls, field notes will be maintained throughout the survey, and "k' redundancy o measurements made to confirm accuracies are being met. All - control data will be reviewed and adjusted in the office and the resultant control values issued for all subsequent work on the project. BENCHMARK SURVEYS j GUIDA utilizes digital leveling methods to establish accurate elevations on benchmarks and other control points for project controls on a variety of projects. Performing the level runs, balancing foresights and backsights, checking into sufficient benchmarks, and performing final level adjustments, when necessary, are all key in a proper benchmark survey. DESIGN SURVEYS AERIAL PHOTOGRAMMETRY I GUIDA has invited Digital Mapping Inc. (DMI) to join our team and provide aerial flight services, aerial imagery, aerial photogrammetric mapping, and airborne LiDAR. DMI is a full service aerial photogrammetric firm and has provided GUIDA with aerial photogrammetric services for over 30 years. DMI owns and operates two aircraft, two digital mapping cameras, and an Optech airborne LiDAR sensor. For each project, GUIDA will work and coordinate with DMI on the work plan to complete complete the mapping in accordance with project requirements. GUIDA will establish the necessary ground control stations and DMI will prepare the flight plan, coordinate the flight with appropriate airport and air traffic control personnel, conduct the photo mission, perform the aerial triangulation, mapping, digital orthophoto production, and submit final deliverables to GUIDA for review and approval. GUIDA will perform verification of the aerial mapping products through field checks and office survey reviews. k .El2no11 .o,1.. GUIDA. ■ur�ran■ UNMANNED AERIAL SYSTEMS (UAS) 9 GUIDA provides UAS imagery and digital video with IGU,L"'^-J� our four in-house DJI Phantom 4 Pro with RTK UAS. Whether these systems are utilized for environmental purposes, municipalities, or private developers, GUIDA has integrated UAS as j� a method of capturing video and imagery in time. UAS have been helpful in documenting the I existing conditions of properties and has also utilized UAS technology to capture imagery for project planning and conceptual design purposes, as well as progress imagery and document as -built conditions, to support topographic mapping and digital terrain modeling. TOPOGRAPHIC SURVEYS 9 Topographic surveys are performed for a variety of project types from planning and engineering design, to identifying encroachments and post -construction as -built surveys. Field crews are equipped with robotic Trimble total stations along with Trimble GNSS receivers. This provides flexibility in how to approach each topographic survey project and determine the appropriate method to achieve project requirements. Prior to beginning any topographic survey, GUIDA's project manager will meet with the City to discuss the project needs, topographic survey limits, how the data will be utilized, the level of detail required, and the format of the final deliverables. Understanding what needs to be surveyed is just as important as performing the survey. With any topographic survey, too little and too much data can be collected, so it is important to communicate at the onset of the project and understand what is expected by the City. All topographic survey deliverables can be delivered in AutoCAD Civi13D or MicroStation formats. GUIDA can directly produce deliverables in either platform to support City projects. TERRESTRIAL AND MOBILE LIDAR 6 Topographic data can also be developed by terrestrial and mobile LiDAR methods. GUIDA brings more than 10 years of terrestrial and mobile LiDAR experience. GUIDA employs two Trimble SX-10 scanning total stations and our new Dual Sensor Mobile LiDAR System. UTILITY MAPPING � Our team is knowledgeable in preparing utility base mapping, utilizing plan utility information, and surface visible indications based on field surveys. The first step in a detailed utility survey is to identify what is of record. Once these providers are identified, each of them will be contacted and all available plan information will be requested. Utility research information will also be obtained from cities, counties, and other agencies affected by the project. Maps and documents including street improvement plans, sewer and storm drain maps, online GIS resources, and subdivision maps can be useful in identifying the location of potential underground facilities. Basic utility surveys may include research with the utility purveyors, visual inspection of the project area for surface visible indications, and subsequent field and office surveys to locate visible features for plotting in CAD relative to plan information. GUIDA will perform research with all known utility purveyors, obtain available mapping, and plot that information into CAD relative to surface visible indications of underground utilities. If needed, GUIDA, through our network of utility vendors, can also provide non -evasive instruments such as electronic magnetic detection, ground penetrating radar equipment and CCTV to aid in the detection of underground utilities. ...... �©0��©G UIDA I ■fnnum .©o�. BOUNDARY SURVEYS Boundary surveys may include many steps in identifying rights of way, centerlines, property boundaries, easements, etc. These steps include proper cadastral research, monument recovery, analysis, mapping, setting of monuments, and preparing a record of survey to document the findings and decisions made during the survey. CADASTRAL RESEARCH I Research is the key to any boundary survey. Having all the available information, whether it be recorded maps, deeds, or prior field notes, allows the survey team to understand how the property has been defined, what monuments may be available for retracement, and where to focus field efforts prior to sending the crews out to the project site. We understand where we need to go to perform this research and what types of information are available. FIELD RECONNAISSANCE AND MONUMENT RECOVERY I As part of a boundary survey, it is necessary to recover existing monuments to confirm and establish existing boundaries. When recovering a monument, proper diligence will be taken to locate each monument. This diligence includes locating existing records with Orange County, the City, applicable state and federal agencies, and other available and applicable records. Field surveyors will be sent out to recover potential monuments. Our field surveyors understand that proper diligence in recovering monuments is required, so it may be necessary to dig for monuments to properly locate them and existing boundaries for a project site. BOUNDARY ANALYSIS , Once research is completed, the maps and documents will be reviewed and organized. Preliminary calculations will be performed to prepare a field package that provides field crews with an approximate coordinate of monuments to be searched and/or found that will be utilized in the analysis and determination of boundaries and rights of way. Field data will be reviewed daily so that adjustments to search coordinates and monuments to be recovered can be made, as needed. Conventional survey methods will be utilized to obtain locations of each monument found. Determining which method to use is based upon the project location, access to the monument, etc. Field surveys will include the collection of monument recovery field notes and photos. Sketches of the monument will be created and will depict the location of the monument relative to physical improvements in the field. A Professional Land Surveyor (PLS) will review the field, cadastral, and title research data and establish/determine the boundaries within the project limits. An independent PLS review will be performed for each boundary established. The boundaries will be delineated on a land net map which will be signed, sealed, and delivered to City. Each boundary survey will be performed in accordance with the California Professional Land Surveyors' Act, Subdivision Map Act, and other professional standards. PREPARE RECORDS OF SURVEY # Records of survey provide a detailed story of the boundary and right of way surveys performed. When requested and/or required by California State Law, a record of survey will be prepared to document monuments found, boundary establishment and resolution, encroachments, new right of way limits, etc. Any record of survey will be prepared by or under the direction of a California PLS to meet the Orange County standards and requirements. Our team brings an extensive amount of experience preparing proper records of survey throughout California and understands the requirements of many of the counties throughout the state to meet our clients' needs and satisfy local requirements. GUIDA LEGAL DESCRIPTIONS AND PLATS l Legal descriptions and plats will be prepared according to all state and local laws and standards. Each legal description will be prepared by a professional land surveyor and will be accompanied by a plat, which will be incorporated by reference within the legal description document to help remove any misinterpretations. Both the legal description and plat will be prepared to meet City standard formats. Legal descriptions prepared will be tied into found monuments, and those found monuments will be shown on the plat. As with every document prepared by GUIDA, all legal descriptions will be reviewed by an independent PLS prior to delivery to the City. SUBDIVISION MAPS AND DOCUMENTS i Our team is well -versed in the Subdivision Map Act and its processes and knows how to prepare maps and documents such as Parcel Maps and Lot Line Adjustments. In addition, the GUIDA team is experienced and works with City and County agencies reviewing the work of other surveyors, so we are well versed in what to look for when reviewing the work of others. This experience includes final maps, parcel maps, lot line adjustments, legal descriptions and plats and other survey reports and documents that are required for a specific project. MONUMENT PRESERVATION/PERPETUATION ; Preserving survey monuments is one of the most important activities we perform as land surveyors. We have supported several on -call surveying services contracts for local municipalities including the City of Newport Beach and the Cities of Irvine and Huntington Beach, County of Los Angeles, and Caltrans. GUIDA supports these agencies by researching and recovering existing monuments, preparing pre -construction corner records and/or records of survey, and filing them with the applicable County. Upon completion of construction, GUIDA will return the project area, review the monuments preserved, replace those that were damaged or destroyed and file a post -construction corner record and/or record of survey with the applicable County. CONSTRUCTION SURVEYS GUIDA is experienced in providing construction surveying services to our clients for public and private projects. The following discusses our understanding of the various elements of construction projects and some of our additional experience in performing each of these tasks. CONSTRUCTION SURVEYS " Construction surveys include constructability reviews, computations, layout or staking, and quality assurance. GUIDA brings experience in all categories from large subdivisions and commercial developments to school projects and high-rise buildings, to city street improvements, bridges, and large transportation construction. At the onset of any construction staking project, GUIDA will begin by verifying horizontal and vertical project controls, review the plan set and specifications and any revisions, and identify any additional information that may be necessary to complete the construction staking activities. Upon receipt of a written staking request detailing the work to be performed and the date it will be completed, GUIDA will perform any necessary computations, submit requests for information (RFI), if necessary, perform checks on controls, conforms and computations, and then set the stakes as required. O�Noi G U I DA .211" .UD��. Quality control is performed with each staking request. This may include verifying points staked, collecting as -built data to confirm computations made match existing conditions, and confirming that the plan sets being utilized are the latest and that no further revisions are available, to name a few. AS-BUILTSURVEYS � As -built surveys paint the picture of a project at a moment in time. Typically, as -built surveys are performed at the completion of construction to document the newly built improvements. However, as -built surveys can also be performed at the beginning of a project to aid in the planning of those same improvements. Whether pre- or post -construction, GUIDA approaches an as -built survey in a similar manner as a topographic survey. The project begins with a conversation with the client regarding project purpose, specific needs and requirements and delivery format. Once these items are addressed the survey can be performed. As -built surveys can be performed by aerial, UAS, LiDAR or ground survey methods, depending on the purpose of the as -built survey. _�� •` . ,K EARTHWORK QUANTITIES Earthwork quantities are typically performed to VIA r compute pay items on construction projects, determine the volume of imported and exported materials, and to determine erosion and/or sediment build up. To perform the quantity calculations, a before conditions or prior conditions survey and an existing conditions survey are required. From each of f` these surveys, the volume differences can then be computed using various methods (triangle, grid, end area). Typically, a digital terrain model is developed` for both the before/prior condition survey as well as the current as -built survey and the digital terrain models compared. The accuracy of these digital terrain models is important, as the accuracy of the volume computation will be dependent on them. Terrain data can be captured by aerial methods, LiDAR or conventional topographic surveys, or a combination of methods. The size, character and needs of the project will dictate the approach to capturing sufficient terrain data. MAP CHECKING SERVICES GUIDAfully understands the complexities and nature of providing map checking and plan review services to cities and other municipal clients. GUIDA currently provides map/document checking services to Southern California Edison and the City of Dublin and has provided plan review and map checking services to the City or Pasadena and other clients on prior contracts. Our team is well -versed in the California Professional Land Surveyors Act and Subdivision Map Act and understands how to prepare maps and documents such as Parcel Maps, Records of Survey, Lot Line Adjustments, and Legal Descriptions, to name a few. Our map checking experience includes performing reviews of final maps, tract maps, parcel maps, certificates of compliance, lot line adjustments, legal descriptions and plats, annexations, Records of Survey, corner records, tie notes, and other survey reports and documents that are required for a specific project. IL EXHIBIT B SCHEDULE OF BILLING RATES GUIDA Page B-1 rE�r�e� ■o�or�n ■E70■■■ ■luA ■oo■ CI�G U I DA TY OF NEWPORT BEACH I SURVEY AND MAPPING RATE SHEET Rates effective through June 30, 2029 HOURLY RATES LABOR DESCRIPTION HOURLY Principal $360.00 Senior Project Manager $315.00 Project Manager $280.00 Senior Project Surveyor $260.00 Project Surveyor $230.00 Senior Survey Analyst $205.00 Survey Analyst $180.00 Survey Technician $160.00 Project Coordinator $160.00 Survey Intern $125.00 Field Survey Rates by Prevailing Wage Classification* 1-Person Survey Crew $255.00 2-Person Survey Crew $420.00 3-Person Survey Crew $560.00 *1-, 2- and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated survey tools, safety equipment etc. MINIMUM HOURLY CHARGE (PREVAILING WAGEONLY) Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be billed on an hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements. ESCALATION Rates are effective through June 30, 2029. Rates will remain fixed throughout the five year contract term. If the term exceeds five years, escalation will occur annually based on negotiations with the City. MITAI2 Straight time will be billed for all work performed on -site up to 8 hours each day, Monday through Friday. Overtime will begin after 8 hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays. The overtime/double labor rates will include: Overtime (on -site over 8 hours Mon -Fri and Sat) Sundays and Holidays Nighttime Non -Overtime 1.5 times the hourly base rate 2.0 times the hourly base rate 1.5 times the hourly base rate OTHER DIRECT COSTS 1. Reimbursable costs including but not limited to delivery or messenger fees, reproduction costs, agency fees, permits, title company fees, etc., shall be billed at cost plus 10%. 2. Travel costs such as per diem, mileage, and lodging will be billed at cost. 3. Subconsultant fees shall be billed at cost plus 10%. 4. Mobile LiDAR equipment will be billed at $1,428.00 per day. 5. Costs related to specialty survey requirements, (i.e., traffic control, specialty equipment, etc.) will be billed at cost plus 10%. 6. Expenses for any special equipment and/or requests shall be at the approval of the client. SOUTHERN CALIFORNIA LOCATIONS ORANGE COUNTY 220 Commerce, Suite 150, Irvine, CA 92602 INLAND EMPIRE 3536 Concours, Suite 201, Ontario, CA 92408 1 SAN DIEGO 380 State Place, Escondido, CA 92029 WWW.GUIDAINC.COM EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this GUIDA Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. GUIDA Page C-2 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not GUIDA Page C-3 intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. GUIDA Page C-4 \ < LLJ t _ ] - g / ) \ 7 / § E ¥ \ ) _ ) j } ) \ / 2 ) 2 % / _ / \ \ u \ m CD / } d § ) { \ \ \ ° Q) 2 2 | ) ` ) ` } } ) 2 $ g $ _ [ { Do) In+ ) ) ) ) I , # / ) ) 0 \ ) \ \ \ ) / j \ j / 3 ■] /