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HomeMy WebLinkAbout09 - C-3580 to C-3583 - Geotechnical & Survey On-call ServicesLJ CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 November 26, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, P.E. 949 - 644 -3311 msinacori@city.newport- beach.ca.us SUBJECT: GEOTECHNICAL AND SURVEY ON -CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH HARRINGTON GEOTECHNICAL ENGINEERING, COAST SURVEYING, GUIDA SURVEYING, AND BUSH AND ASSOCIATES RECOMMENDATIONS: 1. Approve Professional Services Agreement with Harrington Geotechincal • Engineering for on -call geotechnical services (C -3580) and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Professional Services Agreement with Coast Surveying (C -3581) for on- call professional surveying services and authorize the Mayor and City Clerk to execute the Agreement. 3. Approve a Professional Services Agreement with Guida Surveying (C -3582) for on- call professional surveying services and authorize the Mayor and City Clerk to execute the Agreement. 4. Approve a Professional Services Agreement with and Bush & Associates (C -3583) for on -call professional surveying services and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City Council approved a Fiscal Year 2002/03 City Wide Capital Improvement Program (CIP), which totals $34,478,486. More than 50 projects within the CIP will require some sort of geotechnical and /or survey services. These services are paid for from the individual project budgets. When geotechnical and /or survey services are required, a Professional Services Agreement is normally executed between the City and the selected consultant. For very small projects, services are paid directly without • the benefit of a Professional Services Agreement. SUBJECT: GEOTECHNICAL AND SURVEY ON -CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH HARRINGTON GEOTECHNICAL ENGINEERING, COAST SURVEYING, GUIDA SURVEYING, AND BUSH AND ASSOCIATES November 26, 2002 Page 2 For example, Harrington Geotechnical Engineering has performed services for the City • over the past year that total $48,561 for ten different CIP projects. The fee for their services is normally less than $5000 to perform either compaction or asphalt testing for a particular project. To reduce time in preparing individual agreements for each CIP project, Staff is recommending negotiating with a select few consultants to provide "as needed" services. These are not the only firms who are providing geotechnical and /or survey services to the City - there are several other firms providing the same types of services but are contracted individually as part of the projects. The attached On -Call Professional Services Agreement with Harrington Geotechnical Engineering is identical to our normal professional services agreements with the exception of Section 2 (Services To Be Provided) and Section 3 (Compensation to the Consultant). These sections have been drafted to allow the consultant to provide services for multiple projects. Note - any services requiring expenditures more than $30,000 will require a separate City Council action in accordance with Policy F -14. Similar on -call Professional Services Agreements are recommended with Coast Surveying, Guida Surveying, and Bush and Associates. All four firms are highly recommended and have provided the City with excellent services on previous projects. The City currently employs only one licensed surveyor who utilizes other City Staff to complete his survey party. In house City survey is only done for selected projects with • critical schedules and limited scope of work. Otherwise, most survey services will be contracted with one of the above survey companies. Fundinq Availability: Funds for these services are available in each the specific project accounts within the City Council approved Capital Improvement Programs. Environmental Review: Environmental clearances will be completed for each capital project. Prepared ael J. Sinacori, P.E. es Engineer Submitted bv: Attachments: Professional Services Agreement with Harrington Geotechnical Professional Services Agreement with Coast Surveying Professional Services Agreement with Guida Surveying • Professional Services Agreement with Bush & Associates Z • PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNCIAL FOR ON -CALL GEOTECHNICAL SERVICES THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Harrington Geotechnical, Inc., whose address is 1938 N. Batavia Street, Suite N, Orange, California, 92865 -4140, (hereinafter referred to as "Consultant'), 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 is implementing a 31 million dollar capital improvement program in the 2002 /03 fiscal year which began on July 1, 2002. C. City desires to engage Consultant to perform on -call geotechnical testing services in various locations and for various City construction projects upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of this Agreement is Don Harrington, Sr. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided se in this Agreement. • NOUN, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 27`" day of September 2002, and shall terminate on the 30th day of June 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call" Geotechnical Construction Support Services as described in the September 27, 2002 Statement of Qualifications attached as Exhibit "A ". Upon verbal request from Contract Administrator, Consultant shall provide letter proposals for services requested by the City. The letter proposal shall include the estimated cost and time to complete the services, including the estimated number of • hours and position for each person assigned to perform the services contained in the letter proposal. No Services shall be provided until the City has provided written acceptance of the letter proposal. Consultant shall diligently perform the duties in the approved letter. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for services -2- • G • performed in accordance with this Agreement shall not exceed the approved fees identified in the letter proposals. A letter proposal fee shall not exceed $30,00 without City Council approval. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. The accounting and billings shall also be broken down by individual projects identified by the separate letter proposals. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior • written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". • 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in -3- 69 advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not 13 r1L • E J • imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. S. INDEPENDENT PARTIES is City retains Consultant on an independent contractor basis and Consultant is not an 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. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. -5- a, 6. COOPERATION • Consultant agrees to work closely and cooperate fully with City's designated Contract Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. CONTRACT MANAGER Consultant shall assign Agreement to a Contract Manager, who shall coordinate all aspects of this Agreement. This Contract Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Don Harrington to be its Contract Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit `B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Agreement without the prior written consent of City. City's • approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove f any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete services on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. The failure by Consultant to perform in a timely manner may result in termination of this In C] • Agreement. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Contract Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Contract Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall is respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Contract Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Contract Administrator and City Council. • -7- t 11. PROGRESS • Consultant is responsible to keep the Contract Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of • services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be El • • signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Workers compensation insurance, including "Wavier of Subrogation' clause, covering all employees and principals of Consultant, per the laws of • the State of California. B. Commercial general liability insurance, including additional insured and • primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), 0 I covering any owned and rented vehicles of Consultant in a minimum • amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement, in the minimum amount of $1 million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has • agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or -10- • .t • any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS is Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in • connection with this Agreement shall be the exclusive property of City. 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 as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice -11- ♦1 and has received from Consultant written consent for such changes. • Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or • others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. • aPQl • D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Robert Gunther shall be considered the Contract Administrator and shall have the authority to act for City under this Agreement. The Contract Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate • records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business • hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such -13- A withholding. Consultant shall have an immediate right to appeal to the City Manager or • his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will • foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -14- r1L i' E • 24. NOTICES All notices, demands, requests or approvals to be given under 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Gunther City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be is addressed to Consultant at: • Attention: Don P. Harrington, Jr. Harrington Geotechnical 1938 N. Batavia Street, Suite N Orange, California, 92865 -4140 Phone: (714) 637 -3093 Fax (714) 637 -3096 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two -15- (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the • nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. • 27. 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. 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 hereon. Any modification of this an • (1? • Agreement will be effective only by written execution signed by both City and Consultant. 29. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of • such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of • AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 30. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- h IN WITNESS WHEREOF, the parties have caused this Agreement to be executed • on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation CONSULTANT Harrington Geotechnical, Inc. By: Title: F: \USERS \PBW\Shared\Agreements \FY 02 -03 \Harrington Associates On- Call.doc MI-a E E �J IV. Barrington Geotechnical Engineering, Inc. Statement of Qualifications 0 Harrington Geotechnical Engineering, Inc. was established in 1990 with a commitment to provide efficient, cost - effective services to clients in the public and private sectors. These services include: • Preliminary Site Investigations, Geologic Studies, • Grading Inspection & Testing, • Construction Inspection, Percolation Tests, • Pavement Evaluation/Design, • Liquefaction Evaluation, • Fault -Line Studies and Environmental Site Assessments To date, the company has successfully completed more than 1,000 projects. Typical projects include: Single/Multi- family residential & commercial developments, hillside developments, industrial facilities, schools & universities, medical facilities, churches, shopping centers, parking • structures, streets & highways, parking lots, pump stations, underground storage facilities and underground utilities. The company offers an experienced staff of geotechnical engineers, engineering geologists, geotechnical technicians and support personnel. The company also has a complete soil testing laboratory approved by the City of Los Angeles Department of Building and Safety and is a participant in the California Department of Transportation (Caltrans) Correlation Testing Program. The company is approved by Caltrans to provide inspection and testing on Interstate Service Transportation Efficiency Act (ISTEA) projects. Reports are periodically submitted to the Association of Engineering Firms Practicing in the Geosciences (ASFE) and/or California Geotechnical Engineers Association (CGEA) for peer review. Clients served by Harrington Geotechnical Engineering, Inc. include: Architects, engineers, developers, homeowners and homeowners associations, cities, local school districts and the California State University system. • Page 1 of 3 • Harrington Geotechnical Engineering, Inc. Professional Affiliations include: American Society of Civil Engineers National Society of Professional Engineers California Geotechnical Engineers Association International Conference of Building Officials American Society for Testing and Materials References ► City of Yorba Linda - Fernando Saldivar ........................ (714) 961 -7170 ► City of Huntington Beach - Dave Webb ......................... (714) 536 -5431 ► City of Anaheim - Jack Plake .. ............................... (714) 254 -5176 ► Pacific Bay Homes - Robbie Herdman .......................... (714) 440 -7200 ► P.R.P. Development - Steve Mickel ............................ (909) 341 -6750 • ► Benner Metals Corporation - Francis Benner ..................... (714) 879 -6477 ► Kendricks & Associates - Ron Kendricks ........................ (714) 870 -6182 ► Farmers Insurance Group - Nancy VanCleve ..................... (619) 931 -7400 ► Edward R. Niles, .Architect, F.A.I.A . ........................... (3 10) 457 -j602 Condensed Resumes of Principals /Key Personnel Don P. Harrington, Sr., P.E., R.E.A., the company President is a registered civil engineer in California, Oregon and Nevada, and a registered geotechnical engineer and environmental assessor in California. With over 40 years experience in geotechnical engineering and construction inspection and testing, Mr. Harrington has worked on a large number of diverse projects. Don P. Harrington, Jr., R.E.A., the company Vice President is a Registered Environmental Assessor and Construction Inspector, City of Los Angeles Deputy Grading Inspector, and licensed grading contractor with 20 years experience on projects ranging from hillside grading involving in excess of 12 million cubic yards of earth to commercial/industrial developments and streets/highways. • Page 2 of 3 A Harrington Geotechnical Engineering, Inc. is Robert P. Dennis, P.E., Chief Geotechnical Engineer, is a registered civil and geotechnical engineer in California with 34 years experience. Mr. Dennis has been in responsible charge of various types of projects involving up to 15 million cubic yards of earth. Craig C. Chase, R.G., C.E.G., Project Geologist, is a certified engineering geologist in California and registered geologist in California, Arizona and Oregon. Mr. Chase has 8 years experience and has been involved in a wide variety of projects related to landslides and slope stability, distressed property investigations, residential and commercial development, public works development and environmental site assessments. (Detailed resumes will be provided on request) Page 3 of 3 • • Ml 4jaftin ton EXHIBIT B co Personnel cefin j, Intl Principal Engineer /Geologist .................................... ............................... $ 150 Per Hour Senior Engineer /Geologist ...................................... ............................... $ 100 Per Hour Supervisor ................................................... ..............................$ 70 Per Hour Geotecllnical Aide ........................................... ............................... $ 55 Per Hour Senior Technician (Soil, Concrete, Asphalt Concrete) ................ ............................... $ 60 Per Hour Technician (Soil, Concrete, Asphalt Concrete) ..................... ............................... $ 55 Per Hour Special Inspector (Grading) ...................................... ..............................$ 75 Per Hour Special Inspector (Building Construction) .......................... ............................... $ 45 Per Hour Draftsperson................................................. ..............................$ 55 Per Hour Clerical Personnel ............................................ ............................... $ 35 Per Hour Prevailing Wage Projects Senior Technician (Soil, Asphalt Conereie)1Special Inspector (Building Construction) ....................... $ 70 Per Hour Note: This rate is subject to change in accordance with prevailing wage rates set by the Director oflndustrial Relations. Field Vehicles/Equipment FieldVehicle ................................................ ............................... $ 5 Per Hour Nuclear Gauge ............................................... ............................... $ 5 Per Hour Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court Appearances ,Court Engineer /Geologist .................................... ............................... $250 Per Hour Senior Engineer /Geologist ...................................... ............................... $200 Per Hour ($1,200. 00 Minimum Professional Fee Per Case) Basis of Charges Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending past noon. Prevailing Wage Projects Daily straight time rates will apply to first 8 hours worked Monday- Friday. Overtime rates will apply as follows: Daily - 1.5x straight time rate for first 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 1.5x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours; Sundav/Holiday - 2.Ox or 3.Ox straight time rate, depending on holiday. A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two (2) hours, including travel time, will be charged for each site visit. Geotechnical Laboratory Charges Maximum Density- Optimum Moisture Test - ASTM D1557 ........................................... ..............................$ 110 Each - California Method 216 ................................... ............................... $ 140 Each - 1 -Point Verification (ASTM D1557) ......................... ............................... $ 45 Each Woisture Content Test ............................................. ..............................$ 11 Each oisture & Density Test ......................... ................................................ S 17 Each Sieve or Hydrometer Analysis ...................................... ............................... $ 82 Each (over) Batavia Business Center, 1938 North Batavia Street, Suite N. Oranqe, CA 92865 (714) 637 -3093 • (800) 924 -7645 • FAX (714) 637 -3096 - 8 Sieve & Hydrometer Analysis Combined ....................... : ................. .................... $ 132 Each Sand Equivalent Test .................. ............................... ........................$ 65 Each Collapse Potential Test ........................................... ............................... $ 83 Each Consolidation Test - With Time Rate ................................ ............................... $ 165 ch ` - Without Time Rate ............................. ............................... $ 11 Direct Shear Test - Fast .......................................... ............................... $ 120 h' -Slow ........................................ ............................... $ 165 Each - Residual ....................................... .............................. $ 385 Each' *Add SM Fabrication Charge jar Tests on Remolded Specimens. , Atterberg Limits (LL & PL Only) ................................... ............................... $ 130 Each Expansion lndex Test ............................................. ..............................$ 90 Each Hveem Stabilometer (R- value) Test .................................. ............................... $ 195 Each Water - Soluble Sulfate Test ........................................ ............................... $ 40 Each Concrete Laboratory Charges Compression Test Concrete Cylinders (ASTM C39) ............................. ............................... $ 20 Each' Mortar Cylinders (ASTM C39) .............................. ............................... $ 20 Each' Grout Prisms (Uniform Building Code Standard 24 -28) ............ ............................... $ 20 Each' Sample Pick- Up ........................... .................I............. ......................$ Quotation 'Includes Molds & Report oJRemlts Equipment/Supply Charges Organic Vapor Meter (Minimum Charge) .......................... ............................... $ 120 Per Day Brass Sample Tubes w/Teflon Lines & Plastic Caps (2.5" Dia. x 6" Long) ............................................ ............................... $ 12 Each Drill RigBulldozerBackhoe, Sample Tubes, Misc. Services (Airphotos, Chemical Laboratory Testing, etc.), Coring Portland Cement Concrete or Asphalt Concrete Pavement ........... ............................... Cost+ 15% Miscellaneous Charges The charge for any tests not indicated above will be billed at cost plus 15 percent. Laboratory technician time will be billed at the ate of $60 per hour. Fax Transmission ($5.00 minimum) ..... : .... ............................ ........................ $ 1 Per Page Expenses Job- related expenses (per diem, long distance telephone calls, permits, outside printing services, special tests, etc.) willbe billed at cost plus 15 percent. Report reproduction (in- house) will be billed at cost. Terms of Payment Monthly invoices will be issued for work in progress and a final invoice will be issued upon completion of services. Payment is due upon presentation of invoice and, if not contested within fourteen (14) calendar days, is past due thirty (30) days from date of invoice. Past due accounts may be subject to a carrying charge of 18 percent per annum (or the maximum rate allowed by law) until paid in frill. Attorney fees or other collection costs incurred in connection with a past due account will be charged to the client. (Effective July 2002 - Subject to Revision) J -1 k • PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING FOR ON -CALL SURVEY SERVICES THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Coast Surveying, Inc., whose address is 15031 Parkway Loop, Suite B, Tustin, California, 92780 -6527, (hereinafter referred to as "Consultant'), 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 is implementing a 31 million dollar capital improvement program in the 2002 /03 fiscal year which began on July 1, 2002. C. City desires to engage Consultant to perform on -call survey services in various locations and for various City construction projects upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of this Agreement is Ruel del Castillo, PLS. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided -1- 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 30th day of September, 2002, and shall terminate on the 30th day of June 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call" Survey Support Services as described in the September 30, 2002 Statement of Qualifications attached as Exhibit "A °. Upon verbal request from Contract Administrator, Consultant shall provide letter proposals for services requested by the City. The letter proposal shall include the estimated cost and time to complete the services, including the estimated number of hours and position for each • person assigned to perform the services contained in the letter proposal. No Services shall be provided until the City has provided written acceptance of the letter proposal. Consultant shall diligently perform the duties in the approved letter. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for services performed in accordance with this Agreement shall not exceed the approved fees • -2- • identified in the letter proposals. A letter proposal fee shall not exceed $30,00 without City Council approval. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. The accounting and billings shall also be broken down by individual projects identified by the separate letter proposals. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance is with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which • have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this -3- Agreement. 4. STANDARD OF CARE • 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and • vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction ME • • contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not • an 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. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. -5- 6. COOPERATION • Consultant agrees to work closely and cooperate fully with City's designated Contract Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. CONTRACT MANAGER Consultant shall assign Agreement to a Contract Manager, who shall coordinate all aspects of this Agreement. This Contract Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ruel del Castillo to be its Contract Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new • or replacement person to Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete services on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. The failure by Consultant to perform in a timely manner may result in termination of this 0 r1L I • Agreement. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Contract Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Contract Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall • respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Contract Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Contract Administrator and City Council. n LJ -7- 11. PROGRESS • Consultant is responsible to keep the Contract Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of • services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be la • t • signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Workers compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of • the State of California. B. Commercial general liability insurance, including additional insured and • primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), M covering any owned and rented vehicles of Consultant in a minimum • amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement, in the minimum amount of $1 million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. • Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or C] -10- • any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS • Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in 11 connection with this Agreement shall be the exclusive property of City. 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 as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice -11- and has received from Consultant written consent for such changes. • Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or • others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. -12- • '. • D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Robert Gunther shall be considered the Contract Administrator and shall have the authority to act for City under this Agreement. The Contract Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate • records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business l J hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such -13- withholding. Consultant shall have an immediate right to appeal to the City Manager or • his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will • foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -14- • • 24. NOTICES All notices, demands, requests or approvals to be given under 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Gunther City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be is addressed to Consultant at: l J Attention: Rue] del Castillo Coast Surveying, Inc. 15031 Parkway Loop, Suite B Tustin, California 92780 -6527 Phone: (714) 918 -6266 Fax (714) 918 -6277 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two -15- (2) days after receipt by defaulting party from the other party of written notice of default, • specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earn ed and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. 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. 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 hereon. Any modification of this • Biel • Agreement will be effective only by written execution signed by both City and Consultant. 29. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of • such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of L AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 30. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed • on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation In City Attorney ATTEST: CONSULTANT Coast Surveying, Inc. By: By: City Clerk F: \USERS\PBW\Shared\Agreements \FY 02 -03\Coast Survey On- Call.doc 5". • • Exhibit A COAST SURVEYING, INC. • 15031 PARKWAY-LOOP _ SUITE B TUSTIN. CA 92780- 6527__L14) 918 -6266 FAX (714) 918 -6277 www.coastsurvey.com September 30, 2002 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Attention: Mike Sinacori Re: Statement of Qualifications for Coast Surveying, Inc. Dear Mr. Sinacori: Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty -one years of surveying, mapping and right of way engineering experience working on projects in southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and 12; OCTA; RCTC; MTA; SCRRA; SBCAG; CPTC; TCA; counties of Orange and Los Angeles; numerous cities throughout the area; U.S. Army Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Port of Los Angeles; San Diego Unified Port District; as well as numerous private engineering companies. About 95% of our work is for federal, state, or local public agencies, transportation agencies or • water districts. Coast Surveying, Inc. is a Certified DBE firm with CALTRANS, OCTA, MTA, ADOT, NDOT and others. Coast is a very financially stable firm with 20 employees currently. We currently have an on -call contract with the City of Garden Grove to perform survey services and an on -call map checking contract with the County of Los Angeles, Department of Public Works. We are currently checking legal descriptions for the City of Tustin and have been performing design surveys and map checking for the City of Seal Beach through W.G. Zimmerman Engineering. As a subconsultant, we have been providing design surveys, construction staking and/or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine, Orange, Santa Ana, Anaheim, Brea, San Juan Capistrano, Laguna Beach and San Clemente. Also as a subconsultant, we have been providing design surveys, construction staking and /or right of way services for the Cities of Los Angeles, Santa Monica, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale, Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans District 7 and Caltrans Headquarters Structures. • COAST SURVEYING, INC. 15031 PARKWAY LOOP. SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277 www.coastsurvey.com • Attached are resumes for several of our key staff, our MTA DBE Certification letter as well as some relevant project experience. Also attached is our hourly rate schedule through June 30, 2003. Coast has built a solid reputation by consistently performing quality services, responding immediately to client requests and delivering projects on schedule and within budget. The satisfaction of our clients is evidenced in our repeat business; over 85% of our business is from repeat clients. Coast looks forward to working with the City of Newport Beach soon. Sincerely, Ruel del Castillo, PLS President P102 -140 SURVEYING IS OUR ONLY BUSINESS!! i 2 • Rue[ del Castillo, P.L.S. Survey Manager COAST SURVEYING, INC. YEARS OF EXPERIENCE Total Years Experience: 37Years Vab Coast: 21 Years Vab Otber Firms: 16 Years ED UCA TION Degree: Certificate Specialization: Public Service Administration Year: 1974 Santa Ana College is Degree: Continuing Educatioi Specialization: Business Adaunistratio: & Land Surveying at Santa Ana College REGISTRATION 1975 / Professional Land Surveyor # 4212 / California 1978 / Professional Land Surveyor # 11844 /Arizona 1978 / Professional Land Surveyor # 4713 / Nevada 1978 / Professional Land Surveyor # 3668 / Idaho 1980 / Professional Land Surveyor # 7249 / New Mexico 1985 / Professional Land Surveyor # 22480 / Washington 1989 / Professional Land Surveyor # 2 593 9 / Colorado • 2000 / Professional Land Surveyor # 4730903 / Utah PROFESSIONAL EXPERIENCE Mr. del Castillo has over 37 years of experience in managing both field and office operations for all phases of surveying and mapping services. He has managed 25 "on -call" contracts directly for, or in support of, marry federal, state and local agencies including the Counties of Los Angeles and Orange, the U.S. Forest Service, various U.S. Army Corps of Engineer Districts, the U.S. Navy - Southwest Division and the Los Angeles County Metropolitan Water District (MWD). He has a "hands -on" working knowledge of various land surveying services including boundary surveys & analysis, GPS surveys, topographic surveys, utility location surveys, large -scale aerial and geodetic control, and monitoring quantities. For example, while working directly for the County of Orange, Mr. del Castillo was responsible for all boundary surveys, first order /second order vertical and horizontal control surveys, photogrammetric mapping, control surveys and centerline surveys. In 1981, he established his own surveying company in Orange County, Coast Surveying, Inc.. Over a 21 year period with a staff of up to 40, his company completed hundreds of surveying projects in southern California generating over $40M in fees_ Mr. del Castillo serves as Coast's President and provides project management as well as contract administration for all major Coast contracts. SURVEY MANAGER EXPERIENCE. for Caltrans District 12 - provided surveys for RBF & Associates in support of their multi- million dollar, Caltrans 12 highway construction project. Control surveys and right-of -way surveys performed included: • GPS survey of primary control and prepared metric Record of Survey • Searched for existing right-of-way monumentation • Tied monuments to be destroyed by construction reference monuments • Tied monuments to control • After construction, reset monuments destroyed by construction • After construction, set monuments at new right-of -way points of control consisted or: preparation and/or review of legal descriptions and sketches, acreage calculations, and exhibits for various properties; preparation and revision of constraints maps; review preliminary title reports along with revisions or updates; provide fee credit acreage calculations and exhibit maps; rev ewing final policies of title and policy binders for accuracy of descriptions; field reconnaissance with builders surveyor of all horizontal and vertical control monumentation; maintain primary control network; staking the perimeters of no -work or limited -work areas designated as archaeological or biological resources; providing oversight verification surveys as direct the Construction Engineering Manager (CEM) for bridges, structures, walls, drainage, slopes, and frdshed surfaces as needed for the construction of 20 miles of new tollways design surveys and right -of -way surveys to HNTB on their engineering design contract with OCTA to provide freeway interchange improvements including direct HOV connectors, addition of HOV lanes, freeway widening, connector ramp realignments, and four overpass bridge replacements. Kenneth Kasbohm, P.L.S. Survey Party Chief COAST SURVEYING, INC. YEARS OF EXPERIENCE Total Years Experience: 25 Years Witb Coast: 10Years Wizb Otber Firms: 15 Years ED UCATION Degree: Specialization: Year. Degree: Education Specialization: Certificate Civil Engineering Technology 1976 North Dakota State School of Science Continuing Land Surveying Santa Ana College REGISTRATION 1997 / Professional Land Surveyor #7371 / California 1985 / Certified Parry Chief Local 12, Operating Engineers 1986 / 40 -Hour Hazardous Material Training per OSHA 29.CFR 1901.120 Local 12, Operating Engineers PROFESSIONAL EXPERIENCE • Mr. Kasbohm has over 25 years of surveying experience in the field Performing all types of surveying including vertical and horizontal control, photo control, GPS surveys, topographic surveys, design surveys, boundary surveys, right of way surveys, and construction layout. Mr. Kasbohm is a Professional Land Surveyor in California, a Certified Party Chief and has been Hazmat trained since 1986. SUR VEYPAR TY CHIEF EXPERIENCE Route 91 Freeway from I -15 Freeway to McKinley Street in Corona for the Riverside County Transportation Commission. Work consisted of construction staking for freeway widening, addition of auxiliary lanes, retaining walls, and slope staking. Bristol Street / I -405 Intercbange in Costa Mesa, California for the City of Costa Mesa tbru Kasler Corporation. Work consisted of construction staking for three new on -off ramps, bridge widening on Bristol Street over the 405 Freeway and widening of Bristol Street north and south of the freeway. Route 241 Freeway (Footbill Corridor) - Portola Parkway to Lake Forest Drive in Lake Forest, California for the Transportation Corridor Agencies tbru Ebensteiner Co. Work consisted of construction staking of 1.7 miles of new freeway (Foothill Corridor) for the Transportation Corridor Agencies to Caltrans' specifications and standards: rough grade /slope stakes for both sides and centerline of freeway, eight ramps, access roadway; layout stakes for box culverts, R.C.P, pre- cast concrete drain lines, and drain inlets; frtsh grade offset stakes for both sides of eastbound and westbound roadways, centerline, eight ramps, Lake Forest DriAft and Portola Parkway-, construction layout for six bridges; staking for fence on rigbLW of -way-, prepare slope stake listing; final monumentation; and vertical and horizontal control. Route 91 Freeway HOV - Route 55 to Riverside County Line in Anaheim, & Yorba Linda, California for the California Private Transportation Corp. tbru Kiewit 91. The scope of work involved providing quality control/quality assurance verification surveys as needed for the construction of 10 miles of new privatized HOV tollways. The project included numerous retaining walls & soundwalls, median paving, bridge widening, major interchange redesign, detours, and all associated survey control - conventional and GPS. San Joaquin Hills Transportation Condor State Route 73) in Orange County, California for the Transportation Corridor Agencies. Work consisted of: preparation and/or review of legal descriptions and sketches, acreage calculations, and exhibits for various properties; preparation and revision of constraints maps; review preliminary title reports along with revisions or updates; provide fee credit acreage calculations and exhibit maps; reviewing final policies of title and policy binders for accuracy of descriptions; field reconnaissance with builders surveyor of all horizontal and vertical control mono mentation; maintain primary control network; staking the perimeters of no -work or limited -work areas designated as archaeological or biological resources; providing oversight verification surveys as directed by the Construction Engineering Manager (CEM) for bridges, structures, walls, drainage, slopes, and finished surfaces as needed for the construction of 20 miles of new tollways r1L • Gwen del Castillo, P.L.S. PROFESSIONAL EXPERIENCE Office Survey Manager Ms. del Castillo has over twenty -two years of surveying experience in southern California, was licensed as a Land Surveyor in California in 1982 as L.S. 5108, COAST and has an AA degree in surveying from Santa Rosa College. Ms. del Castillo has had extensive experience in boundary analysis, preparation and checking SURVEYING, INC. of legal descriptions and maps, checking of final subdivision maps and Records of Surveys, research, as well as providing internal checking and quality control. Ms. del Castillo has also had extensive experience in field note reduction, calculations, preparation of as -built plans, and GIS database setup, YEARS OF EXPERIENCE input, review, analysis and output. Total Years Experience: 22 Years PROJECT SURVEYOR EXPERIENCE IY/rzh Coast: 16 Years With Other Firms: 6 Years Cah'fornia State Prison at Corcoran II - Ms. del Castillo was the Project Surveyor at Coast Surveying, Inc. (Coast) for the Site Engineering Services contract awarded to Holmes & Narver, Inc.(I-IW for the new expansion of EDUCATION Corcoran State Prison Coast's Scope of work included aerial mapping, photo control, horizontal and vertical control, boundary surveys, Record of Survey, Degree: Associate of Arts legal descriptions, design surveys to locate utilities, power line elevations, Specialization: Land Surveying drainage structures, cross - section drainage channels and streets, and tie -into Year: 1976 improvements along the outside of the existing facility. Santa Rosa College Interstate 5 / State Route 55Interchan= - Ms. del Castillo was the Project Surveyor at Coast Surveying, Inc., which provided surveys for RBF & Degree: Continuing Education Associates in support of their multi- million dollar, Caltrans 12 highway • Specialization: Land Surveying Santa Ana College construction project. Control surveys and right -of -way surveys performed included: < GPS survey of primary control and prepared metric Record of Survey < Searched for existing right -of -way monumentation REGISTRATION < Tied monuments to be destroyed by construction reference monuments 1982/ Professional Land Surveyor < Tied monuments to control Il 5108 / California < After construction, reset monuments destroyed by construction < After construction, set monuments at new right -of -way points of control < Assisted in preparation of post- construction Survey Control Maps Centerline and boundary surveys were performed as necessary for the preparation of Records of Surveys of the right -of -way in metric format. San loaquin Hills Transportation Corridor - Coast Surveying, Inc. was retained from 1992/1999 by the Transportation Corridor Agencies (TCA) to provide professional land surveying and right of way services for the new San Joaquin Hills Transportation Corridor, now State Route 73 Tollroad. Ms. del Castillo was in charge of the right of way portion which consisted of: • Preparation and/or review of legal descriptions and sketches, acreage calculations, and exhibits for various properties. • Preparation and revision of constraints maps. • Review of preliminary title reports along with revisions or updates. • Providing fee credit acreage calculations and exhibit maps. • Reviewing final policies of title and policy binders for accuracy of descriptions. • Preparation of utility easements using field gathered topographic information and as -built construction plans, post construction. • Neil A. Darling, LSIT Survey Analyst COAST SURVEYING, INC. YEARS OF EXPERIENCE Total Years Experience: 18 Years With Coast: 12 Years With Other Firms: 6 Years EDUCATION Degree: Bachelor of Science Specialization: Land Surveying Year: 1981 Purdue University Degree: Continuing Education Specialization: Intergraph MicroStation and AutoCAD Software Training REGISTRATION 1981 / Land Surveyor in Training # S80035 /Indiana PROFESSIONAL EXPERIENCE is Mr. Darling has over 18 years of surveying and mapping experience. He has over twelve years experience in southern California and is skilled at performing topographic mapping, right -of -way surveys, boundary surveys, centerline surveys, control surveys, utility locations, and monumentation. He has worked on contracts directly for, or in support of, many federal, state and local agencies including the Counties of Los Angeles and Orange, the U.S. Forest Service, various U.S. Army Corps of Engineer Districts, the U.S. Navy - Southwest Division, and Caltrans Districts 5, 6, 7, 8,9, 118 12. Mr. Darling is very knowledgeable of AutoCAD and MicroStation digital mapping requirements for numerous agencies in both English and Metric formats. He is also well versed in integrating field survey data files and photogrammetric mapping digital files as well as converting files from AutoCAD to MicroStation. SURVEY ANALYST EXPERIENCE State Route 55 / Interstate 5 Freeway Interchange in Orange County — GPS Control, right of way surveys, monumentation, Records of Surveys and Caltrans Monumentation Maps for Caltrans District 12. Corcoran State Prison in Corcoran, CA — Design surveys, aerial mapping, boundary surveys, monumentation, Record of Survey and legal descriptions for 2.5 square mile Phase II expansion for CA Department of Corrections. State Route 91 Freeway from Magnolia Avenue in Riverside County to State Route 57 in Orange County — 24 mile long design survey for RCTC. March Air Force Base Realignment and Closure Program, Utilities and • Roads in Riverside — Photo control and aerial photogrammetric mapping, design surveys of existing roads, locate existing utilities, and combine field surveys and aerial mapping for Sacramento District, Corps of Engineers. State Route 55 Freeway from State Route 22 to State Route 91 in Orange County — Vertical and horizontal control, GPS surveys, photo control, design surveys, utility surveys, right of way surveys and Caltrans Right of Way mapping for OCTA. San Joaquin Hills Transportatlon Corridor (State Route 73) from Jamboree Road to Interstate 5 Freeway in Orange County — Design surveys, legal descriptions and sketches, topographic mapping, and quality assurance surveys for freeway construction for TCA. Nicholas Canyon Beach Access Road in Malibu — Design surveys, photo control, and aerial mapping for the LA County Department of Public Works. Fort Wingate in Gallup, New Mexico — Boundary surveys, Record of Survey, and several topographic surveys and mapping for the St. Louis District, Corps of Engineers. Atlantic Avenue from Alondra Blvd. to McMillan Street in Compton — Design surveys and topographic mapping for 1.2 miles of arterial highway for the LA County Department of Public Works. Golden Eagle Refinery Site Cleanup in Carson - As -built surveys prior to construction activities, topographic surveys, mapping and volume determinations for numerous excavation and stock pile areas as cleanup activities progressed for Earth Technology Corporation. • -o f� COAST SURVEYING, INC. • 15031 PARKWAY LOOP, SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX 7!41918 -6277 RELEVANT PROJECTS • Springville Road I SR -101 Interchange in Camarillo for the City of Camarillo through Tetra Tech, Inc. Work consists of research, right of way delineation, legal descriptions and sketches, and preparation of right of way mapping for new freeway interchange. Cook Street 11-10 Interchange (New) in Palm Desert for the City of Palm Desert — CVAG through Moffatt & Nichol Engineers. Work consisted of design surveys and right -of -way mapping for a new bridge and interchange, which spans both Interstate 10 and adjacent Union Pacific Railroad. Work involved: horizontal and vertical control; cross - sectioning across 1 -10 and adjacent railroad, local access streets and freeway on -off ramps; locating local drainage structures in addition to any topographic features which affected design; boundary, right -of -way and centerline surveys; and prepared base mapping, appraisal maps, right -of -way maps, and legal descriptions for new right - of -way acquisitions. • Central Avenue I SR -101 Interchange in Camarillo for the City of Camarillo • through Tetra Tech, Inc. Work consists of research, horizontal and vertical control, photo control, aerial photogrammetric mapping, centerline survey, right of way delineation, design surveys for roadway widening, and legal descriptions and sketches. • Bridge Surveys on 1 -5 between SR -134 and SR -170 for Caltrans District 7 through CH2M Hill. Work consists of detailed design surveys of fourteen freeway bridges along with intersecting streets for bridge widenings. Also created Caltrans .tss files and MicroStation files of survey results. • York Boulevard at State Route 110 in Los Angeles for the City of Los Angeles through Parsons Transportation Group. Work consisted of research, horizontal and vertical control, photo control, aerial photogrammetric mapping, centerline survey, right of way delineation, and design surveys for bridge and roadway widening. • Interstate 10 Freeway — Citrus Avenue to State Route 57 in Los Angeles County for Los Angeles County Metropolitan Transportation Authority through Tetra Tech, Inc. Work consists of horizontal and vertical control, photo control, aerial photogrammetric mapping, freeway and ramp centerline alignments, right of way delineation, and design surveys for 6.0 miles of freeway for the addition of HOV lanes. • Bridge Surveys on various freeways for Caltrans District 7 through Dokken Engineering. Work consists of detailed design surveys of nine freeway bridges along • with intersecting streets for bridge widenings. December 13, 2001 This recertification is valid for a period of three years. During this period, you an required to submit annually to the MTA an affidavit that affirms your organization's continued eligibility to participate in the DBE program The affidavit (attached) is due no later than the amivesary, date of your certi0ntion. Failure to comply with this requirement may be a ground for removal of your DBE eligibility av MTA projects. To continue doing business with MTA as a DBE, a recertification affidavit and consent Federal Tax Returns most be submitted prior to the fnm's recertification expiration date of Decnsrber 13, 2004 • MTA reserves the right to withdraw this recertification if at arty time it is determined that recertification was knowingly obtained by false, misleading, or incorrect information. MTA also reserves the right to request additional infomvtion andlm conduct on-sia visits at any time during the recertification period. The firm Coast Surveying, Inn thereby consents to the examination of its books, records, and docmrants by MTA. If there are any changes in the ownership or control of the firm during the mcertiftcatioo period, you are required to notify this office immediately at (213) 922 -2600. i rely, Vinton Singer Small BusiMSs Diversity and Labor Compliance Representative • Mr. Ruel del Castillo Coast Surveying, Inc. 2681 Dow Avenue, OA Metropoliun Tustin, CA 92780 Transportation Authority Dear Mr. del Castillo: One Gateway P6ra SUBJECT: DBE RECERTIFICATION APPROVAL Los Angeles, CA 900122952 Pursuant to the provisions of the Department of Transportation Rules and Regulations found at 49 CFR, Part 26 and the policy of the Los Angeles County Metropolitan Transportation Authority (MTA), Coast Surveying, Inn has been granted approval for Disadvantaged Business Enterprise (DBE) recetifintion status. The North American Industry Classification System ( NAICS) code(s) used in determining your firm's eligibility is(am): NAICS Code(s) # 541370 Only work in the above mentioned NAILS code(s) will be wanted towards DBE participation goals. This recertification is valid for a period of three years. During this period, you an required to submit annually to the MTA an affidavit that affirms your organization's continued eligibility to participate in the DBE program The affidavit (attached) is due no later than the amivesary, date of your certi0ntion. Failure to comply with this requirement may be a ground for removal of your DBE eligibility av MTA projects. To continue doing business with MTA as a DBE, a recertification affidavit and consent Federal Tax Returns most be submitted prior to the fnm's recertification expiration date of Decnsrber 13, 2004 • MTA reserves the right to withdraw this recertification if at arty time it is determined that recertification was knowingly obtained by false, misleading, or incorrect information. MTA also reserves the right to request additional infomvtion andlm conduct on-sia visits at any time during the recertification period. The firm Coast Surveying, Inn thereby consents to the examination of its books, records, and docmrants by MTA. If there are any changes in the ownership or control of the firm during the mcertiftcatioo period, you are required to notify this office immediately at (213) 922 -2600. i rely, Vinton Singer Small BusiMSs Diversity and Labor Compliance Representative • L J • • COAST SURVEYING, INC. Exhibit B 15031 PARKWAY LOOP SUITE B TUSTIN, CA 92780 -6527 —(714) 918-6266 _. FAX (714) 918 -6277 www.coastsurvey.com July 1, 2002 to June 30, 2003 SCHEDULE OF CURRENT HOURLY RATES FOR SERVICES PERFORMED BY OUR COMPANY FOR THE CITY OF NEWPORT BEACH Project Management $120.00 Project Surveyor 100.00 Survey Technician 80.00 Clerical and Delivery Service 45.00 2 Person Survey Party w /Equipment 175.00 3 Person Survey Party w /Equipment 225.00 GPS Receivers (minimum of three) - $150.00 /day /receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. AT COST WE PROFESSIONAL SERVICES AGREEMENT • WITH GUIDA SURVEYING FOR ON -CALL SURVEY SERVICES THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Guida Surveying, Inc., whose address is 14712 Franklin Avenue, Suite B, Tustin, California, 92780, (hereinafter referred to as "Consultant'), 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 is implementing a 31 million dollar capital improvement program in the 2002 /03 fiscal year which began on July 1, 2002. C. City desires to engage Consultant to perform on -call survey services in various locations and for various City construction projects upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of this Agreement is Ralph Guida. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided de • 1-41 • 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 5th day of September 2002, and shall terminate on the 30th day of June 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call" Survey Support Services as described in the September 27, 2002 Statement of Qualifications attached as Exhibit "A ". Upon verbal request from Contract Administrator, Consultant shall provide letter proposals for services • requested by the City. The letter proposal shall include the estimated cost and time to complete the services, including the estimated number of hours and position for each • person assigned to perform the services contained in the letter proposal. No Services shall be provided until the City has provided written acceptance of the letter proposal. Consultant shall diligently perform the duties in the approved letter. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for services performed in accordance with this Agreement shall not exceed the approved fees 52 13 identified in the letter proposals. A letter proposal fee shall not exceed $30,00 without • City Council approval. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. The accounting and billings shall also be broken down by individual projects identified by the separate letter proposals. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B ". • 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this -3- • -14 • Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus • type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction 13 contracting. Consultant shall not have control over or charge of, and shall not be • responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. • -5- I • 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Contract Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. CONTRACT MANAGER Consultant shall assign Agreement to a Contract Manager, who shall coordinate all aspects of this Agreement. This Contract Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ralph Guida III, P.L.S. to be its Contract Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. • Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Agreement without the prior written consent of • City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove f any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete services on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. The failure by Consultant to perform in a timely manner may result in termination of this In _J Agreement. Notwithstanding the foregoing, Consultant shall not be responsible for • delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Contract Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Contract Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. • 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Contract Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Contract Administrator and City Council. -7- Ir1L I • 11. PROGRESS Consultant is responsible to keep the Contract Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or is omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the • active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be %I signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this • Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation' clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and • primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), Ol • M • covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement, in the minimum amount of $1 million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has • agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or &MI any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so • without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in • connection with this Agreement shall be the exclusive property of City. 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 as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice -11- • P4 • and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be • entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such � J materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. -12- D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. • 18. ADMINISTRATION The Public Works Department will administer this Agreement. Robert Gunther shall be considered the Contract Administrator and shall have the authority to act for City under this Agreement. The Contract Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business • hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such -13- • a }. • withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the Califomia Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits • such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -14- r,'= 24. NOTICES All notices, demands, requests or approvals to be given under 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Gunther City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Ralph Guida III, P.L.S. Guida Surveying, Inc. 14712 Franklin Avenue, Suite B Tustin, California, 92780 Phone: (714) 508 -1114 Fax (714) 5081115 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two -15- • C� �C • (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and • regulations enacted or issued by City. 27. 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. 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 hereon. Any modification of this -16- Agreement will be effective only by written execution signed by both City and Consultant. 29. COMPUTER DELIVERABLES • CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in the City's latest adopted version of • AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 30. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- LJ 1.1 • • • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation CONSULTANT Guida Surveying, Inc. F: \USERS \PBW\Shared\Agreements \FY 02-03 \Guida Survey On- Call.doc so i, , somoms GUIDA ,S'URVEYING nor-OEE ■®u ®ms ■ENNENI1VC'. September 5, 2002 EXHIBIT A A MULTI -DISCIPLINED SURVEYING COMPANY -City `£Newport Beach';. Lois Thompson" Administrative Manager City of Newport Beach P.O. Box 1768 =_ Newport Beach, CA. 92660 Re:. State of Qualifications for. Oh-call Land'SurveyWig Services within the'City of Newport`... :..: Beach. /'.. Dear Ms. Thompson: Please find enclosed our submittal, in response'to your Request for Stateiuehtof Qualifications.(SOQ) _ for On -call Land Surveying Servtees,vtnthin the-City of $each. \ ;, d Thank you for allowing us to. submit this SOQ. We fegl. that Guida Surveybig,'Inc is uiuquely 1 , positioned to offer you exceptional % quality and outsfanding �ustgtner sernce %,the area of $ury ym9 and Mapping services. One`of 6i r, Nest assets is Dili. setvice u'4 responsive ss'and adaai9lnlit . ` We.speciahze with out n s. GuiddSiirveyfngInc. fias,ubrke , c on sever 1, o_j�cts for the City's�R.ublic WorksIl�epp�rti t and we excitedly look Forward to the opportum} providing on services Yslr,;we have tvozke¢ �wv Roliyq f .amers & � soeiat es o "n maY>y lot surveys and public w6r'l § pro�eofs within die, kfew,bfo4, `surveyors httve' "worked vvitli;l ob since.the late 19707s (su1& Surveying, l' c. amp tiys 1'l'Pr ©fissional Land Surveyors, l field crews and has 10 GPS r�ce ms Guirfa $;rv4ingtl>{e..maintams three.separate.offices throughout (% the 'Mate of Cali f, uiclu qut corpoiatir hea3quartors located in Tilstib, C A All fray', -in elividuals lute &' this Statemut Pf.Qualiahis•work but.of Our Grange County oi&ce: j. For this On =Cal 6iitract with the Citj,,6fNovpotk Be clt;. '{1nSuryep {ng,lne wll assignl�Ir Ralph Guida,flf Ii.I .S: as projectinana Gx�tda a oieTt3S years of surveylpg,eXpenenee aucl is currently oa Aember of Operatih ngin�et Local 12 fin{ gddd standing at}d will fil{ lie role of 'arty A. ,, .;. Chief on some tasl orders:.Mr. Tim Fethg -1 S is ouF Chie bf Parhes'and ill be scliedulitig the F - ` ; : survey, crews. i 1 Submitted-Widi t1nS tatemeffrof.QualiQahi smiT ! Compar�}tj Seminary for Griratu Srerveyitig, liter; a list,6f ar ro acts- aud're�r ces` a list "o ent;an staff co ks P Jegirin �i ur�i;.andresuuies`o y. individuals." CORPORATE OFFICE: 14711 Franklin Ave. Ste B Tustin. CA. 91780 Ph: 714 -508 -1114 Faze 714.508 -1115 J� gsitustin@guida ,eying.com 1 SANRAMON OFFICE: 130 Ryan industrial Ct. Ste. 1091 San Ramon. CA. 94583 J� Ph: 925-838-4568F=: 9254384570 1 gsisanramon@guidasuneying.eom SANDIEGO OFFICE: 600 So. Andreasen Dr. Ste. E ► Escondido, CA. 92019► Ph: 760- 740 -0680 Fax: 760 - 740 -0681 ► gsisandiego@guidasurveying.com �Q ■■MMES ■®®M®® mammon ■OREEN ■!0®■ Should you need any additional information, please do not hesitate to contact me at the phone numbers listed below. We look forward to working with the City of Newport Beach. Sincerely, Guida Surveying, Inc. p Guida III, P.L.S. Project Manager r 1 U .A 6 s■■®®® GIIIDA ■ ®I 71 m ®Q SURVEYING A MULTI - DISCIPLINED SURVEYING COMPANY mom ■®91 MINN • ...®®® INC. 1 , STATEMENT OF QUALIFICATIONS' TO PROVIDE ` is PROFESSIONAL SERVICES. -_- - -' IN THE AREA OF'. y4, SURVEYING .& MAPPING PROVIDED BY`. Cm WA SURVEYING . -NC — Fb ; I � �t Se 'Ote - bW5,4002. , i f . CORPORATE OFFICE: 14712 Franklin Ave. Ste. B ►Tustin, CA. 92780► Ph: 714- 508 -1114 Fax.' 714- 508 -1115 ► gsitwtin@guidasurveying.com .. SAN RAMON OFFICE: 130 Ryan lndustialCt. Ste. 109► San Ramon, CA. 94583► Ph: 925- 838- 4568Fax: 925- 838 - 4570 ►gsisanramon@guidasurveying.com SAN DIEGO OFFICE: 600 So. Andreasen Dr. Ste. E ► Escondido, CA. 92029► Ph: 760 - 740.0680 Fax: 760 - 7400681 ► gsisandiego@guidasurveying.com ` is SENSES ■ESSEN ■■EREE ■ ■N■■■ HOSE Company Profile Guida Surveying, Inc., a multi- disciplined land surveying firm, has been providing on -call surveying and mapping services throughout California since 1988. On -Call Surveying contracts were the cornerstone that built Guida Surveying, Inc. to the firm it is today. With offices in Orange County, San Diego County, and the San Francisco Bay Area, Guida Surveying, Inc. is not limited by geographical boundaries. We are able to provide service anywhere in the state. Guida Surveying, Inc. has recently became certified as a Small Business with the State of California thus allowing us to assist our clients in fulfilling their Small Business sub - contracting goals. Guida Surveying, Inca maintains 16 fully equipped survey field crews, including three active Party Chiefs who are Professional Land Surveyors. Beginning in 1988, Guida Surveying has been known for providing well - trained and skilled field personnel on an On -Call basis to the public and private sectors through out Southern and Northern California. Using the most up to date and technically advanced equipment in the industry, Guida Surveying Inc.'s highly skilled field crews are able to perform field surveys accurately and efficiently, getting the job to the client on time and mistake free. • Since creating Guida Surveying, Inc Ralph Guida, IV, P.L.S. has established one of most efficient and top quality mapping departments in the area. Guida Surveying, Inc.'s mapping staff consists of five Professional Land Surveyors, each having over 15 years, experience in the surveying and mapping industries, as well as six well trained Survey technicians/CAD drafters. All of Guida Surveying Inc.'s staff is experienced in filling On -Call services. At Guida Surveying, Inc. our goal is to become a seamless extension of our client's staff: To maintain it's reputation as -a leader in the Survey and Mapping industry, Guida Surveying, Inc. practices a, policy of constant corporate training and' active participation in industry organizations. All of.Grihla Surveying Inc.'s field stall have completed or is completing the Operating. Engineers Appi`epticeship program. In addition, Guida Surveying, Inc. maintains biweekly training classes; bi- yw @ekly safety meetings; and every other year provides CPR training for-il: staff .The cast CPR training was in the Spring of 1999. Three of Guida Surveying Inc.'s stafffare fomiathapter Presidents of the Orange County Chapter of CLSA. Paul Cuomo, P.L.S. is a past, president-of the State Association. In addition, 'Guida Surveying, Inc. has been a member . r of,.CELSO for over four years,. currently Wm. Alan Brooks, P.L.S., one of Guida Surveying's Project Managers serves on the Board of Direetors of the Orange County Chapter. In closing, we are sure you will find that Guida Surveying Inc. has put together all of the skill sets necessary to fulfill any task -which may be requested. We are also confident that, if awarded a contract, Guida Surveying, Inc.'s 12 years of experience in providing On -Call Survey and Mapping services will prove to be an asset for any project. L7. ■ ® -1 aeD Ma 2■■■ MORENO OFFICE LOCATIONS ORANGE COUNTY CORPORATE OFFICE Ralph W. Guida IV, P.L.S. President 14712 Franklin Ave. Suite B' ` Tustin, GA: 92780. _ - Phone: (714) 508 =1114 . Fax: (714)508 -1115 Mobile: (714) 981 - 7151. rg2idaiv@guidasury "^eying com www.gmdasurveying:com SAN FRANCISCO BAY AREA . E.A. "Woody" Oel lerf, P.L.S. Northern Califonua.Operations Manager " 1 - 0 130 Ryan InduStrtal Et;, Suite 109 - San Ramon Ck 9583 ]?hone: (925 8 8 4568 , Fax' - (925),, �- Q Ivkobiler(,) 269-775 6 ;. . wooetydastirveying.cam` ; _ � . _ www'Ind ASUNeying - :_. O �p A 1`I I21E�:, .,COUNTY: yV�Ite�T' beJo :Operations ` San Mazi er t; 6DO ;So". Anoriasen Dr.; 5iiy #e EC Es6ondidoj CA: 92029. Plrotle'(7b0 )-74O'V680 ) . - " '- Fax: (7W), 40=0681 lvf;6e:(i;19)_845 - wcudinoreQguidasurye'g.cdm ': • ww6gtudasug'neying:coin. 'r fi L ■EN■■■ ■EMEME Emmons ■MMEME N4100MME ■ENE■ Surveying Projects Page 2 of 2 On -Call Surveying Services to RBF Engineering - Guida Surveying has been providing on -call survey staff to RBF Engineering since 1988. RBF Engineering prefers to use Guida Surveying staff as opposed to hiring additional people from the Operating Engineers Union hall because they find Guida employees to always be well trained and efficient. ^ Contact:. Bob Crawford, P.L.S. 949- 472 -3505 On -Call Surveying for Irvine Ranch Water District - Guida Surveying has had yearly On- Call contracts with the Irvine Ranch Water District to provide surveying and mapping services for over 10 years. Some of the larger assignments are as follows: • Shady Canyon Road Infrastructure Pipelines - Provide surveying staking, G.P.S. Control, monument preservation and coordination with client for approximately 1.5 miles of infrastructure pipelines. Sewer, reclaimed water, and domestic water lines were all ^ installed. All surrounding monumentation was located and replaced after completion of construction. Completion Date: December 2000 Approximate Construction Cost: $4.5 million AD • Whiting Ranch Zone 9 Reservoir - Provide surveying staking and coordination with client. Project consisted of construction of a new steel water reservoir and the pipelines required for service. Completion Date: Spring 1998 Approximate Construction Cost: $2.0 million • San Joaquin Marsh, Redevelopment - Provide surveying staking and coordination with client`. This. was an environmental sensitive project due to the yearly migration of birds nesting there. The project consisted of revitalizing the area for other aiumals. Sensitive plants had to be protected in place and field modifications had to be made to 1 accommodate ttie existing condition Topographical surveys of removal area were provided and the - quantity of removal Was Calculated and used to verify contractor ;. payments. ' - - Completion Date: Fall 1997 1 " Approximate Construction Cost: $3.6 million Contact: Mr. Billy Stewart, P.E. 949- 453 -5610 On -Call Surveyist¢ & Mapping Services to Dort of Long Beach — Guida Surveying provided On-Call surveying services to. the Port of Long Beach from 1993 through 1995. j . Completing several miscellaneous assignments. Contact lvlo Miller, P.L.S. 562 - 590 -4169 MMMMMM MEMMEM M M 113 0 E3 D ■MLIMMM MMENUM ■MMMMM N Surveying Projects On Call Surveying and Map2R ing. Services for David A. Boyle •Engine erin - Guida Surveying- has been providing On-Call services to David A. Boyle Engineering since 1988. One of the major projects we completed with Boyle is: Anaheim Hills (2090 home subdivision) - Provide Boundary surveying, construction staking of rough !grade, and improvements. In the .grading operation coordination, calculation, and staking was provided slopes over 200'highand undulating slope along with buttress keys and back cuts.. As-built topographies 6 . f -removal were data collected' and quantities provide for -pay to contractor. Monitoring was provided where deep removals were located. and over sensitive areas such as, the MWD water fine, which ran through the' middle of the project. Improvements included the coordination of sewer, water and storm drain infrastructure. These include large diameter storm drain and water mains. This project lasted over a period of 10 years with a multitude of project managers from the developer and engineer of record. Completion Date: 1998 Approximate Construction Cost: $100 million Contact- Dave Boyle; e; P.E. 714- 957 -8144 Qrt Cali Surveying and NImping Services. to CDC Engrineeringaetia Tech GWda Surveylyg has been providing,, On-Can services to CDC Erigin.eeriny, Inc•,. which later. became -Tetra Te& Engineering, since ,1988. Two of the lar has completed ger pr6je'cis'Guida Surve on are: I in Newp6rt'Cokst DeVeWhient -Ne4ofi toach,, CA ;Guida Su rvey as completed . . surveying nd .mapping on several ons wiO -dn- this Irvine Company development. duida has wui1A.;,.,.V, mass d builder. lots gradin&' In& tructure improvements as, providing e-sign sftrve'�s;,sub division i4lAppmg an d construction staking. Date- 2002 Approximatt Constrfictioh Cost: $1 billion Imperial P CWiforifil didda $ g. �rve` i� has provided initial boundary -surveys,. 'diesip-survey§; constractioA' sui veys' and - as-built ALTA surveys.- on the redevelopment bf the Unocal C' her& a ' d plant arid.stotmding properties. A 'shopping center,iuiA golixcursewere lil Completion e Siring 1998 Approximate Construction Cost- '$200 million Conta&. Robert Ozibk6, P.E., P.L.S. 9497125026788 A • I L# ■t•MMEN ■MMME® AMMEM■ ■EME■ STAFF HEADCOUNT Entire Guida Surveying Staff Count Field Staff • 3 Union Party Chiefs, licensed as Professional Land Surveyors • 14 Union Party Chiefs, non - licensed • 9 Certified Chainmen • 8 Survey Apprentices Office Staff �• • 6 Professional Land Surveyors • 5 Survey Technicians • 3 Admutistrative S ■®D■■■ ■®®®®■ ■■■■■■ SURVEYING AND MAPPING EQUIPMENT .SURVEY VEHICLES • 16. vehicles, fully equipped with survey tools, including 2 way radios and Nextel digital phones - J _- TOTAL STATIONS • 5 T.C.M. 1600 (Full Robotic) instruments 2 T -1600 instruments' 2 T -1000 instruments " • 3.TC1QM 1105 (servo driven) iinstruuient .2 SET 4 instruments • 2 SET 3 instruments 16 TOTAL STATIONS ' L\ 1 CJ G.P.S. EQUIPMENT • ' 4 Leica 9500 /AT 302 receivers ' . 4 Leica SR399 receivers' • 2 Leica 510 receivers. 10 TOTAL RECEWTERS • . 3.P4cific Crest RTK'Radips ; . LEVELS 1 Digital ti Ievel NiA.20OZ .. ' .; • '1'NA 1 level_ r' 3 NA21ev21," 6 NA28 levels.: S TS?'%ALLEVhL 1.. f ` .. ... ...._. -- .i _ COMPUTERS . } • 11 W6rkStaiions all con ishng4of �'0 hum 400 gif4 computers or better, . PLOTTER !` PRINTERS, • ' . BP Dokfet: 50C... '' ? 2 Hl', LaS&JJ ko, __ ` .... 1 DeOkj 1220c'. L\ 1 CJ ■M■NN■ Noonan ■NE5100 ieEE.. RALPH GUIDA IV, P.L.S. President EXPERIENCE By utilizing over 15 years of surveying experience along with his business and managerial skills, Ralph has guided Guida Surveying into a dynamic, client - oriented organization. His experience in Construction Staking, Topographic, Aerial and Bridge Layout has enabled him to build and train a highly efficient field force, the backbone of the Company. Iiis selected representative projects include: • Barona Indian Reservation Record of Survey — Supervised in retracing the boundaries of a 6000 acres parcel. This includes reviewing original Government Plat Surveys, calculating boundary location, and process GPS control. This was used for Master Planning of the Reservation. • • San Joaquin Marsh Reconstruction Irvine (IRWD) — Supervised in field surveying. Provide and supervised construction calculation for grade operation. ' Bonita" Canyon Drive Pipe line Irvine (IRWD)- Supervised in coordination of field surveying which included GPS control, location of existing monuments for �ture replacement ,pre- calculation for location of water, sewer, and curbs. • Wishbone `Mills Newport Beach (Crystal Cove)- Party Chief of field crew, for 6 million yard grading. operation. Provided field calculation for rough grade of slope stakes, back cut or keys. Provide to calculation for staking of 60" RCP stonri drain. Provide Aeld typography for grading quantities and grading verification. • Santa Ana,River Scours,5tuOy- Party Chief of field for location of cross section of river. Provide field data reduction to the County Surveyors office for quantity calculation. m ■mm■■ ■ ®1 �t_S J, Emmons 0 RALPH GUIDA IV, P.L.S. EDUCATION Orange Coast College- Surveying and Mapping Rancho Santiago College- Surveying and Mapping Operation Engineers Surveying Apprentice'program PROFESSIONAL REGISTRATION PLS - State of California, No. 7076 . (Continued) ` PROFESSIONAL ORGANIZATIONS 1 President of Orange'County CLSA Chapter 1999.2000 ` . Broad Member on Califortiia Foundation for Land Surveying Education ` Treasure of:CLSA.Educat on Foundation 1999 =2000 - Vice President of CLSA Education'Found'a*on 1997 -1999 N 1 • • �)J E. A. "Woody" Oehlert, P.L.S. Director of Operations — San Francisco Bay Area EXPERIENCE Mr. Oehlert has more than 35 years experience in construction and land surveying including 5 years as manager of field -to -office liaison, 5 years as project manager of field surveys, 10 years as director of land surveys, and 1 1/2 years as Vice President of Land Surveys. His survey experience includes street and utility construction, grading, drainage and flood control facility construction, land surveying, construction surveying, record maps, parcel maps, record of survey maps, ALTA maps and condominium plans, boundary surveys, title reports and legal descriptions. Mr. Oehlert's representative projects are: 0 • County Wide GPS Control Survey, County of San Bernardino, CA. — Supervising Land Surveyor GPS Division San Bernardino County Surveyor in charge of researching, planning and conducting GPS surveys for location of 1 • township corners in San Bernardino County covering over 275 townships. A report of the various corner locations and how to reach each one was placed in the office of the County Surveyor for use by. the public. ` U.S. 395 Pre - Engineering Design Surveys, Bishop, CA. Onsite Project Co-, ` ordinator. Pre - engineering design surveys over various lengths of U.S. F ighway 395 ranging. from Johannesburg, California to Coleville, California; (CA/NV border) -0 aan independent contractor for the California Department of Transportation, District 9. The total length of the various segments surveyed is approximately 15 miles in terrain, ranging from high desert to mountains in the Mammoth Mountain area of California. 1 • San Joaquin Hills Transportation Corridor Pre - Engineering Design Surveys - Otange,County, CA Director of Surveys performing pre - engineering design surveys, set aerial ground control and field surveyed Check profile lines to ` corifirm aerial topographic mapping over approximately a 1.5 mile section of the corridor. r DART Light Rail Transit Preliminary Right -of -way Mapping, Dallas & Gatlartd, TX. Project surveyor co-ordinating the compilation and mapping of ' approximately five hundred properties along over eleven and one half miles of railroad right -of -way from Mockingbird Station' to Garland Station. 0 , E.A. "Woody" Oehlert, P.L.S. (Continued) • DART Bus, Shelter Locations, Dallas, TX. Project Surveyor. Provided field " topographic surveys, right -of -way location and utility location in areas where new bus shelters were proposed to be located. AnAl' x 17" exhibit was prepared for each site. J. • Crosstown Freeway Project Surveying - Saito Barbara, CA Survey project coordinator. For. the relocation of underground utilities in conjunction with the Crosstown Freeway project, meeting City and,Caltrans requirements. • . North Dallas Tollway,"Dallas,.TX. "Project Surveyor. Provided- design topographic field surveys" and topographic base mapping for approximately 10,000 feet of proposed sound attenuation. walls in segments lying along the Toliway between Wycliff "Avenue and II 1635- • Belt Line Road, Right,of -Way Engineering" Mesquite; TX . Project Surveyor. Assisted in the preparation of 100+ legal descriptions an4lais "for slope, drainage and temporary construction easemen'ts_along more than 2 miles of Belt Line Road. CONTINUING" EDUCATION Project Ivlanagernent for Engino s, 1995" ','Texas Bquil4,a- Lat•{W,1996 . B:qundarX',Law' seittials 1999 \ PROFESSION`i11 RE TSTRATII.ON ' P -State of California; No! 4828 r; . -- ...... _ -. S #a#e ofTkas Nq. $216 ? PROFESSIONAL ORGANIZATIONS' `. Texas Society of Profess'b"I..Surycyois`.; 7, - National Societ- of Profbssionalt surveyors j !Cal #6rwa.Foundatianfor'Land'Sukve ii}g;Education= l'reic%nt,1991 f %C5liloritia Land Surveyors;.AssociatidAi`- 'Piesid lit; Orange i ounty 'Chapter; 1993 r \ • • o ■EMEME MESSON �MENE■ WALTER E. CUDMORE, P.L.S. Director of Operations - San Diego County EXPERIENCE Mr. Cudmore brings over 35 years experience in the Surveying and Construction Management industries to Guida Surveying, Inc. Walt's most recent experience includes Project Manager of a seven bridge freeway interchange in Las Vegas; \ Superintendent and Chief Surveyor at the Duke/Fluor power plant construction project in Irain Jaya Indonesia; and Chief Operations engineer for Caltex Petroleum Indonesia, Jakarta, Indonesia. His forte' is managing large construction ` and earth moving projects including airport runway extensions, high rise buildings and irrigation. His selected representative projects include: • BARONA INDIAN RESERVATION RECORD OF SURVEY, San Diego County, CA — Supervised in retracing the boundaries of a 6000 acres parcel. This includes reviewing original government plat surveys, calculating • boundary location, and process GPS control. This was used for Master Planning of the Reservation. ` OTAY WATER DISTRICT GEOGRAPHIC INFORMATION SYSTEM, * San Diego County, CA.— Land Surveyor in charge of constructing and implementing the district wide land base for the proposed Otay Water district G.I.S. Mr. Cudtnore was responsible for establishing geodetic control using G.P-.S. and'in locating and mapping all existing facilities. Unfortunately the funding for this project was canceled prior'to completion. DUKENLUOR POWER PLANT, Earth Sains, Indonesia - Served as Assistant - Civil. Superintendent and Chief Surveyor. In charge of all civil work such as rebar;:concrete placement, piping'placement, electrical placement, grading and ` site surveys. Managed .9 two man 'survey crews and was responsible for tracking of fill inaterial quantities, calculations for construction placement of concrete,- piping and otherinfrastutture. ■■F;l313 ri ■■A■■■ WALTER E. CUDMORE, RL.S. (Page Two) , • CALTEX PETROLEUM INDONESIA Jakarta, Indonesia - Chief Operations Engineer, in charge of a 75 man engineering, design & survey group; - 35 roan quality control group; 38 man materials group; and 40 man estimating & scheduling - group. Additionally in charge of sub= contracts for a labor force up ^ -to 2000 men and scheduling of 1400 construction personnel with a seventy ^ person supervisory staff and up to ,360 pieces of . heavy equipment. ^ Responsible for all survey, drafting design .estimating, costing, scheduling, and production tracking" for .the construction" of oil field related roads, pipelines, .. ^ electric transmission lines, well site locations; and boundary "survey work for land indemnification processes. GEONEX INTERNATIONAL Cairo, Egypt- Responsible for development of a ^ cadastral program for.the Egyptian Survey Authority including procurement of all survey equipment and transporfatior = for outfitting 44 survey. crews and ^. 40 field survey computer data processors located _in two governorates of' Egypt. • ^ Responsible for "development of a program. "Jo suryey"more than one million ' feddans of land for ca'dastral land and ownership: registration,. _ IRRIGATION PROJECT SONATRAC_ A-Tgeria, ,.:''NORTHERN..:AL+GERL4,N _Africa — Pioject-ylylanager responsible for plaiining, logistics and scYieduli g as ^any'.as I9.5uratey;crews..I'rajeet consisted .,of Survey Control traversed and cross- soGticJitS for the design of a .very_ large "irrigation project in the central ^ mountaYnoua`;area ,around Satif, Algeria. and nofth to the Mediterranean Sea. IVlapping,aii "profiles of:foui major earthen dani sites,' Highway realignments, pi -line s; several hiiAdred_ kilometers of canal cross- sections. . _largk ` -' • .FLI30It,ALASKA ALA. SKAN PIPELiNE,!Fkbariks;. Alaska — Chief Surveyor ^ an charge o�f- layout;.of building; anA piping I -and ezcav tion for. of "and fwo large }lump s't-atior s., Responsible for, "a11. steel and piping alignment certification of their placement. Duties included cross- checking 'of all building plans, lietiveen PiPing,�,V eating, and'electlkal in buildings. "" '; .for _discrepancies '.-Res ponsibie..for as -built drawings of the' corAPleted:pump station. " MENNEN ■EMNON AMMEME MENEM ®ENE■ , WALTER E. CUDMORE, P.L.S. (Page Three) EDUCATION University of California, Long Beach Golden West College, Civil Engineering Santa Ana Community College, Adult Education Teaching Credential US Army Artillery Survey Instructor, Fort'Sill OK. Operation Engineers Surveying Apprentice program PROFESSIONAL REGISTRATION P.L.S. - State of California, No. 4490 P.L.S. - State of Alaska, No. LS 44045 PROFESSIONAL ORGANIZATIONS American Society of Photogrammetry American Congress of Surveying ,& Mapping California Adult Teacher Education Association ■®13 il 91l ■®r-i -n 012 ■INom®® ' ■®® ®I1® • ®EIIIIv ®® Wm. ALAN BROOKS, P.L.S. Project Manager EXPERIENCE Mr. Brooks has more than 15 years experience in surveying and mapping in California, Texas, and Oklahoma. He has served in both the public and private sectors of the industries with an emphasis in right -of -way engineering _ and subdivision mapping. Mr. Brooks has extensive experience in digital mapping and field to office automation. His selected representative projects'include: 1 fpb TRANSPORTATION CORRIDORS, T.C.A. - Orange County, California: Engineer -in -Charge of these projects that included the Foothill Corridor, San Joaquin Hills Corridor, and Eastern Transportation Corridor. Responsible for overseeing the right -of -way engineering issues for the transfer to Caltrans �. and opening of more than seven miles of the Foothill Transportation Corridor. • ALAMEDA CORRIDOR NORTH END — L'os Angeles County, California: Project Surveyor for thus recently completed project providing, base mapping for the North End of the Alameda Corridor. This project included a survey of r . approximately two miles of the Atchison, Topeka, and Santa Fe Railway 1 -Company's, right -of -way between Redondo Junction and Hobart , Junction_ The alignment of the railroad and all street centerline intersections were field surveyed byy�AfC Engineering's survey crews prior to prepazation.of the ease .mapping: ROUTE 39 BEtWH BOULEVARD WIDENING - Cities of Anaheim; and Buena Park, California: Reviewed and revised right -of -way maps for the `- Orange.; County Transportation Authority funded widening of Route 39, prepared legal descriptions and deeds from a- consultant's survey for, the ,. widening of said route. . 1' CULVER` DRIVE., UNDERPASS — City ,of Irvine, California: Served as Project. Surveyor providing design surveys, right-oil engineering monitoring; and .calculations for construction staking. Project consisted construction of a grade separation lowering Culver Drive to pass under • 1 fpb Bosoms MOMMEM SMEMINE s®O■ ■s A■M®®■ Ol NEM , , , , , , existing rail lines. A temporary detour road, two bridges one for existing rail line and one for pedestrian access were all constructed. ■ ■L��I�O mom-mom ■■NNEN ■■■■■■ • Wm. ALAN BROOKS, P.L.S. (Continued) • METRORAIL - Orange County, California: Performed office and alignment calculations for a design and alignment survey of said railway. • DIGITAL'BASE MAP CHECKING - Orange,County E.M':A., California: Served as Contract_ Map Checker in the Orange County Surveyors Office for more. than 18 months checking the county wide digital base map. Assisted in establishing the quality control procedures for checking the base.: map. ^ Trained. consultants and EMA employees in these: procedures Performed ., extensive research referencing the GPS Control Survey' Monuments and ' updating respective monument records. • LAKE FOREST DRIVE - Irvine, California: Served as Survey Project Manager on 1.5 mile widening of Lake Forest Drive from Interstate 5 to Moulton Parkway. ^ WISHBONE HILL GRADING - Irvine-, California: Project Surveyor, on .a • 20 -acre mass grading project consisting of . calculations for slope staking, coordination, and eatthwork'calculations. EDUCATION Okl &narStafe.Uiniversity, Civil Engineer ^ '...' - kancho Santiig&Kollege, Surveying/Ivlappin Caltiads Thlbgy Semifiar on "Stj eying For Right -of -Way" PROFE.4=NA:'REGISTRATI9N r - PLS' r•state of Cafifornia, No; 021 J ' ?r' PF13OFTS &ION4,011GANIZATIONS` X�aliforrua Land Surveyors Association — President- Orange County,Chapter r9 "91 999 International Right of Way Associadon - Member i Ct;'L OC :Orange County `Chapter.l3oard #nember 2001 �G> ee■ ■■e , ■ee�asee ■ ■ ■ ■■ ■ ■ ■e■ Joseph Padilla, P.L.S. Project Manger EXPERIENCE Mr. Padilla has 17 years of surveying and mapping experience in Southern California, with an emphasis on boundaries, topographic maps, subdivisions, and ALTA /ACSM surveys. Joseph has worked on numerous Tract Maps and Parcel Maps in the South Bay area, ALTA and boundary surveys in Los Angeles and Orange Counties. Mr. Padilla also has extensive experience preparing wireless telecommunication surveys throughout Southern California. His ` selected representative projects include: • SPRINT PCS WIRELESS COMMUNICATION ANTENNAE SURVEYS — Orange, Los Angeles, San Diego, Sari. Bernardino, Riverside, and Ventura Counties, California: Managed and supervised survey and mapping for over three hundred Sprint PCS antennae sites throughout Southern California. +• Scope of services included design surveys, 2-C certifications, legal description preparation and staking of the proposed lease areas. • NEXTEL WIRELESS COMMUNICATION AERIAL SURVEYS - Los Angeles and Orange Counties, California: Managed and supervised survey ` and mapping for several Nextel antennae sites throughout Southern California. Scope of services included design surveys, boundary analysis and staking of the proposed lease areas. • DIGITAL BASE MAP CRECKING - Orange County E.M.A., California: Served as Contract Map Checker in the Orange County Surveyors Office for more than 18 months checking the county wide digital base map. Performed extensive research referencing the GIBS Control Survey Monuments and updating respective monument records. • FOOTHILL TRANSPORTATION CORRIDOR, T.C.A. - Orange County, California: Served as 'Survey Analyst for the Foothill Transportation Corridor. Provided Construction Calculations and Quantities for Corridor layout of bridges, roadways, slopes, on ramps and off ramps. 1 ®1'1111y'IIq�® 11 ®El DLI El N®LDIIII®® Joseph Padilla, P.L.S. (Continued) 11 • • LA CELLULAR WIRELESS COMMUNICATION ANTENNAE SURVEYS - Orange, Los Angeles, San Bernardino, and Riverside Counties, California: Project Surveyor for the survey and mapping for over one hundred LA Cellular antennae sites throughout Southern California. Scope of services ` included design surveys, 2 -C certifications, 1 -A- certifications, As -built Surveys, legal description preparation and staking of the proposed lease areas. MOBILE OIL PIPELINE EASEMENTS - Kern County, California: Responsible for creating legal descriptions and exhibit maps of oil pipelines ' for each section in Kern County, CA. Existing right -of -way maps and field ^ data were used to compile the data. 1 • DISNEY STUDIOS SUBSTRUCTURE BASE M - Burbank, California: ^ Supervised the drafting of a - topographic.: and boundary map of Disney ` Studios. All underground pipelines within the studio were .compiled from ^ record drawings; and shown with depths of top of pipes. " . « SOUTHERN.' CALIFORNIA GAS CO'. BUILDING - Los Angeles, ` .:Californi a: .Responsible for calculations of vertical and horizontal layout of • High- riseliuildiflg, • METRO "AL L - Orange County, California:: Performed office and alignment ` calculatio' .a design and alignment survey of said railway. 1 { PDUCAtI.ON _ California,' State- Tiniversltl - Fullerton, Civil Engineering Rancho - Santiago College, Surveying/1klappmg ;PROFESSIONAL REGISTRATION_` PLS = State:of,California, NO. 7557 ^ PROFESSIONAL ORGANIZATIONS ; California`- Land "Surveyors Association Membership Chairman Orange Count}r Chapter: 11 • • ■NERN■ ■ ®e®®® ■MMEEN f ommon SOON ®MEN PAUL A. CUOMO, P.L.S. Quality Assurance /Quality Control — Legal Descriptions & Boundary Surveys, Expert Witness EXPERIENCE Mr. Cuomo has over 40 years of surveying experience specializing in boundary control, subdivision mapping and A.L.T.A. Surveys. As Deputy Orange County Surveyor for 13 years, Paul was responsible for the review and approval of all subdivision maps, record of surveys and annexations recorded in the County of Orange. Paul was the project manager for the County wide digital base map comprised of over 850,000 parcels. This is being utilized as the ^ base map for many G.I.S. Systems throughout the County. ^ COUNTY OF ORANGE, DEPUTY COUNTY SURVEYOR- Manager of the .• Office Section, overseeing 33 employees. Responsible for the review, examination and approval of all subdivision maps, boundary annexations, ^ city incorporations, city and county boundary changes, lot line adjustments, certificates of compliance and for the maintenance of all county base maps, ^ precinct maps and district maps. ^ COUNTY OF ORANGE - Chairman of the Digital Base Map Committee. • COUNTY OF ORANGE - Project Manager of the County Wide Digital Base Map Project - a county wide map containing all 850,000 parcels of land in the County of Orange and based on the California Coordinate System ^ (NAD83) • SURVEYOR -1958 TO 1980 - California Division of Highways • BOUNDARY CONSULTANT/INSTRUCTOR- Owner of Pacific Land Seminars,.Inc. and Director of the Pacific land Foundation. Services include boundary, consulting, surveying education and author of surveying manuals and related text. ^• ®®091RM ®®C1EDE,13 MOUMMM �®®®OR® ®®®®®M Paul Cuomo, P.L.S. (Page Two) PUBLICATIONS: Co-Author of "Advanced Land Descriptions" (Landmark) Author - "Surveying Principles for the California P.E. Exam" (P.P.I.) 1 PROFESSIONAL REGISTRATION PLS - State of California, No. 41,36 Lifetime Community College Limited Service Credential - November 18, 1974 to present PROFESSIONAL AFFILIATIONS; Past President - California Land Surveyors Association (C.L.S.A.) Past Chairman: Legislative, Education, Scholarship, Conference Program and Seminar Committees (C.L.S.A.) Past President & Present Director - California Foundation for Land Surveying Education Vice Chairman- Property Surveys - Southern California section of,A.CS.M. Member - International Right of Way Association: Expert Examiner - State Board of Registration for Professional Engineers and , Land Surveyors. Life Member - California Land Surveyors Association EDUCATIONAE AFFILIATION& Chairmari - -Surveying.and Mapping Advisory. Committee - Rancho Santiago; - Conirkiuziity "College Member' Surveying and Mapping Advisory Committee - Cal Poly Pomona Guest instructor - Cal Poly Pomona Chatter member - Cc4ourider - California:Foundation for Land Surveying Education:- • • SON■■■ ■ ■ ■ ■ ■ ■ NOON■■ NOON NONE Paul Cuomo, P.L.S. (Page Three) AREAS OF EXPERTISE U.S. Public Land Survey Boundary Establishment and Retracement Land Description Preparation and Interpretation Easement Creation and Location Subdivision Mapping Process ALTA Surveys Condominium Plans EXPERT WITNESS ASSIGNMENTS Gilham V. David - Merkin & Hemme, Attorney. • Wilson V. Wareing- U.S.A.A. Insurance Co. Strathern V. Simon- Jerome Behrens, Attorney Boukather V. Foreaker -Ron Columbe, Attorney. 1 Lechuza Village West V. California Coastal Commission - Reznik & Reznik, Attorney. Rich V. Angione - City Attorney - Newport Beach Neehan V. C.B. Koll Management - Richard M. Peterson, Attorney 1 1 i 1 RALPH GUIDA III, P.L.S. Party Chief EXPERIENCE Mr. Guida combines 32 years of surveying experience with a keen understanding of boundary principles. The majority of those years spent managing on-call survey staff crews to both the private and public sectors of this industry. Ralph has kept pace with the rapid changes from transit and slide rule days to the onboard computers found on today's total stations. His experience covers aerial surveys, A.L.T.A.'s, boundaries, cell sites, construction staking, G.P.S. and topographic surveys. Ralph provides Guida Surveying's clients with a complete, accurate and useable product. Sharing time between field•and office, Ralph adds a great deal of stability to Guida Surveying. His selected representative projects include: Irvine Industrial Complex East (now known as "The Spectrum" in Irvine) .Supervised and led the multiple crews needed for the complete infrastructure - r, development :of .Phases L II and M. This included the initial boundaries ind fopo's, the approximately 5 million yards of grading, the miles of sewer, storm dfaui,.water.and curb & gutter. Sand Canyon Water Transmission Main lik") — Party Chief for the 10 miles of water pipeline. The-,Hi hlands = 2000 homes in Anaheim Hills by Presley Homes. Supervised the en5ze survey operation from the approxi nately-20 million yards of grading to'thiihnal monumentation. This project started in the late 1970's and ended in the mid 1990 x. North Irvine Assessment District — Supplied field crews for the,j.oint venture ;projecYof building the infrastructure in the North Eastern portion of the-City of_ ' Irvine: CJ • A■m®m■ ■OMMM RALPH GUIDA III, P.L.S. (Continued) • Irvine Ranch Water District — Provide the district with survey crews on an as- needed basis for many projects in the County of Orange from the late 1970's to present. • San Ramon Office — Supervised the expansion of the Guida Surveying Northern California office. For 2 years, led 2 rental survey crews for a prominent engineer on the peninsula southeast of San Francisco. Coordinated with a civil engineering firm in San Francisco to supply surveying services for the Mission Bay Project. Although we just recently joined the engineer on this project it is anticipated to last 15 years. EDUCATION • Pasadena City College — Engineering and Surveying Operating Engineers Surveying Apprentice and Party Chief programs Santa Ana College — Surveying and Mapping Rancho Santiago College — Surveying and Mapping PROFESIONAL REGISTRATION State of California - PLS 5288 PROFESSIONAL ORGANIZATIONS Member of the East Bay Chapter of CLSA Member of the Orange Colony Chapter of CLSA Member of the Mount Diablo Historical Society HEMMER H®I3®®H NMI , I ED F1 El ■ISIUMEN WORMER • NMMMNM TIMFETFIG, P.L.S. Chief of Parties EXPERIENCE Mr. Fettig has over 13 years experience as a Party Chief, specializing in boundary surveying and construction staking. Tim is known as oiie.of Guida Surveying, Inc.'s "firemen'. Fireman is a term used for our multi- talented problem solvers. Tim is a stickler for all of the minute details required to obtain a complete survey. His selected representative projects include: ` • SAN DIEGO CREEK, Irvine, California: Served as Party Chief on over 1 mile of concrete line channel, providing construction staking,-for storm drain and grading improvements. • PORTOLA PARKWAY, Irvine, California: Served as Party Chief providing construction staking on 2 mile infrastructure improvements. Improvements included road construction, storm drain, . sewer, domestic water and • reclaimed water pipelines. • UNIVERSITY DRIVE I.R.W.D. PIPELINE, Irvine, California: Served as Party Chief providing construction staking for over 1 mile of water.pipeline. • '.CULVER ,BRIDGE,: Irvine, California: Served as Party Chief on pedestrian bridge erossm :Culver Drive in Irvine. Project. included relocating existing road and natural'gas line and precise location and monitoring of bridge. • NEWPORT ;COAST PA 22, Newport "Beach, CA.: Served as Project Surveyor on the boundary;.monumentation, and design survey'of a master.builder lot ` - '-".within the NewportCoast development. EDUCATION. Rancho Santiago College, .Surveying/MaRPmg ©gerating-Engineers Surveying Apprentice,'Program PROFESSIONAL REGISTRATION PIS - State of California, No. 7542 • ■ ■ ■■ ROBERTN. BEUSCHLEIN, P.L.S. Project Surveyor EXPERIENCE Mr. Beuschlein has over 12 years experience in the surveying and mapping industry, specializing in boundary and topographic mapping. Robert serves as Project Surveyor on the majority of the Subdivision Mapping prepared by Guida Surveying. Robert is skilled in preparing ALTA Maps, Record of Surveys, Parcel Maps, Plat Maps, Tract Maps, Legal Descriptions and Exhibits. He has extensive experience on mapping for Master Planned Developments for Commercial, Industrial, and Residential. His selected representative projects include: • Jack -in -the -Box ALTA surveys — served as Project Surveyor on the preparation of ALTA design surveys on over 15 sites in Southern California for Jack -in- the -Box Restaurants. Robert coordinated with the Title Company, Architect and developer to assist in addressing all site constraints and boundary issues. ^• • Sunridge at the MacDonald Ranch, Nevada: Served as Project Surveyor and was ^ responsible for the retracement of existing documents, horizontal control, and boundary for a 27 lot subdivision within a 600 acre parcel. • Las Vegas Beltway Section 2B — Clark County, Nevada: Served as Project Manager for the Construction Staking of Las Vegas Southern Beltway 2B consisting of 2.25 miles of ^ freeway with the construction of 5 bridge structures from Warm Springs Road to Windmill Lane. Mr. Beuschlein was responsible for horizontal control for the beltway improvements ^ along with final monumentatibn. ^ • Sheraton ALTA — Anaheim, Ca.: Served as Project Surveyor on 12.2 Acre site adjacent to Interstate 5 near San Diego. Project included coordinate with CALTRANS District 12 Right- -of-way department with regards to future excess land acquisitions and street vacations. 4 EDUCATION . Rancho Santiago College, Surveying/Mapping Vocational High School Three day "Advanced GPS Adjustment Seminar" by Leica Instruments PROFESSIONAL REGISTRATION PLS - State of Nevada, No. 12748 W ■ ®n�r�n RICH SMITH, P.L.S. Party Chief EXPERIENCE Mr." Smith has over ten years experience as a Party Chief specializing in topography and boundary surveys. Rich's field to office automation experience has allowed him to frequently produce completed topography maps with over 1,200 shots within 36 hours of beginning the field survey. Rich has frequently \ been called "the fastest data collector in the west.' Mr. Smith also has extensive experience providing construction staking on several large construction projects throughout Southern California and G.P.S. surveys. His 'selected representative projects include: • SAN DIEGO CREEK, Irvine, California:- Served as Party Chief on over 1 mile of concrete line channel,, providing construction staking for storm drain and grading improvements. • "SANTIAGO CANYON LANDFILL - County. of Orange, California. Served • as Party Chief providing construction .staking on storm' retention basins; concrete lined storm channels; a 72 inch storm drain line; and grading. --• - " UNIVERSITY, :DRIVE `I R:W.D. PIPELINE = Irvine, California: Served. as Party Chief'providing construction staking for over 1 mile of water pipeline:° • ANTELOPE VALE WATER: TREATMENT SYSTEM - Lancaster, California: °Se ved as Party Chief-on as -built and design surveys. EDUCATION 'Geology Oregon State University, : . Rancho Santiago College ;; Surveying/Mapp149. Operating Engineers Surveying :Apprentice Program PR0FES�IONAE "13EGISTRATION PLS. - State of California, No. 7556 , , MEMNON ■MEROM MMMINSIS f NOMME OMEN EMME GUIDA SURVEYING RATES EXHIBIT B CLIENT TYPE RATE PER CREW DESCRIPTION CLASS RETAIL $ 90.00 HOUR DRAFT / CADD OPERATOR OFFICE RETAIL $ 110.00 HOUR PROJECT MANAGER/ L.S. OFFICE RETAIL $ 140.001 HOUR 1 MAN SURVEY CREW WITH TRUCK FIELD RETAIL $ 170.00 HOUR 2 MAN SURVEY CREW FIELD AIL $ 215.00 HOUR 3 MAN SURVEY CREW FIELD RETAIL $ 300.00 DAY REAL TIME KINEMATIC RTK SYSTEM 2 UNITS FIELD RETAIL $ 150.00 DAY ADDITIONAL RTK SYSTEM 1 UNIT FIELD RETAIL $ 125.00 DAY POST PROCESSING KINEMATIC 1 UNIT FIELD RETAIL $ 65.00 HOUR RESEARCH OFFICE 150/6 Will be added to all reproduction, research material and delivery services RATES for 2002 to 2003.XLS Effective Date: July 1, 2002 PROFESSIONAL SERVICES AGREEMENT • WITH BUSH & ASSOCIATES, INC. FOR ON -CALL SURVEYING SERVICES THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Bush & Associates, Inc., whose address is 18017 Sky Park Circle, Suite Q, Irvine, California, 92614 -6520, (hereinafter referred to as "Consultant'), 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 is implementing a 31 million dollar capital improvement program in the 2002 /03 fiscal year which began on July 1, 2002. C. City desires to engage Consultant to perform on -call surveying services in various locations and for various City construction projects upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of this Agreement is David A. Bush, LS. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided • de • 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 3rd day of September 2002, and shall terminate on the 30th day of June 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call" Surveying Support Services as described in the September 3, 2002 Proposal for On -Call Surveying Services attached as Exhibit "A ". Upon verbal request from Contract Administrator, Consultant shall provide letter • proposals for services requested by the City. The letter proposal shall include the estimated cost and time to complete the services, including the estimated number of • hours and position for each person assigned to perform the services contained in the letter proposal. No Services shall be provided until the City has provided written acceptance of the letter proposal. Consultant shall diligently perform the duties in the approved letter. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for services IPA performed in accordance with this Agreement shall not exceed the approved fees • identified in the letter proposals. A letter proposal fee shall not exceed $30,00 without City Council approval. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. The accounting and billings shall also be broken down by individual projects identified by the separate letter proposals. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance • with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in • -3- • advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction • management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Numberwill be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not El imply that Consultant is engaged in any aspect of the physical work of construction • contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. • 161 is 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Contract Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. CONTRACT MANAGER Consultant shall assign Agreement to a Contract Manager, who shall coordinate all aspects of this Agreement. This Contract Manager shall be available to City at all reasonable times during term of Project. Consultant has designated David A. Bush to be its Contract Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not • remove or reassign any personnel designated in this Section or assign any new or replacement person to Agreement without the prior written consent of City. City's • approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete services on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. The failure by Consultant to perform in a timely manner may result in termination of this go Agreement. Notwithstanding the foregoing, Consultant shall not be responsible for • delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Contract Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Contract Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. • 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Contract Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Contract Administrator and City Council. -7- • • 11. PROGRESS Consultant is responsible to keep the Contract Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or is omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the LJ active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be la signed by a person authorized by that insurer to bind coverage on its behalf and must be • filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including 'Wavier of Subrogation' clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and • primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), • In is covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement, in the minimum amount of $1 million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has E agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or -10- any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so • without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in • connection with this Agreement shall be the exclusive property of City. 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 as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice • -11- • and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be is entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such E materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. -12- D. City will prepare and provide to Consultant street base digital file in • AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Robert Gunther shall be considered the Contract Administrator and shall have the authority to act for City under this Agreement. The Contract Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business • hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such -13- • L J • withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 22. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -14- 24. NOTICES All notices, demands, requests or approvals to be given under 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Gunther City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: David A. Bush, LS Bush & Associates, Inc. 18017 Sky Park Circle, Suite Q Irvine, California 92614 -6520 Phone: (949) 752 -1888 Fax (949) 752 -1895 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two -15- • • • (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and • regulations enacted or issued by City. 27. 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. 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 hereon. Any modification of this -16- Agreement will be effective only by written execution signed by both City and Consultant. • 29. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. • All drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 30. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- • • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation 0 CONSULTANT Bush & Associates, Inc. IS City Clerk • Title: • F :\USERS\PBNAShared\Agreements \FY 02- 03\Bush & Associates On- Call.doc IM it Bush & Rssocietes Inc. Exhibit A November 18, 2002 land Surveyors City of Newport Beach ATTN: Michael J. Sinacori Public Works Department 3300 Newport Blvd. Newport Beach, CA 92659 Statement of Qualifications for On -Call Survey Engineering Services Bush & Associates, Inc. is pleased to submit this proposal to provide on -call survey engineering services in response to your request. We are a general land surveying firm providing services to both public and private sector • clientele with an emphasis on water and wastewater projects. We were established in 1983 and have recent experience in pipeline, reservoir and wastewater reclamation projects. Our numerous continuing clients include South Coast Water District, Santa Margarita Water District, El Toro Water District, City of Dana Point, Black and Veatch, Camp Dresser & McKee, PBS & J, Carollo Engineers, Daniel Boyle Engineering and Boyle Engineering Corporation among others. We also provide on -call survey engineering services for Orange County Sanitation District, Orange County Water District and Irvine Ranch Water District. As you know, Bush & Associates, Inc. has been providing survey engineering services for the City of Newport Beach (City) since 1994. In that time we have successfully completed over 20 different design survey and construction survey projects for the City including Kings Road Sewer, Via Lido Soud Sewer Force Main and Corona Highlands Water Main Replacement. We understand that periodically surveying projects are needed to be done for the City. The scope of work of these various projects is unknown at this time, however we agree to provide survey engineering services, as directed by City staff, at the hourly rates shown on the attached fee schedule. • 18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1888 i�'rr • City of Newport Beach November 18, 2002 Page Two We adhere to a high standard of service and attention to details. This has brought Bush and Associates, Inc. respect and success throughout the surveying industry. Our mapping data is supplied to our clients in a range of different media including hand drafting, computer plots and Autocad drawing files. Our field crews utilize the latest in surveying equipment including total stations and two -way radios which allow us to respond to emergency situations rapidly. David A. Bush, California Licensed Land Surveyor, will provide direct supervision of the survey crew and will attend meetings and provide surveying services as directed. Our survey crews are paid the current prevailing wage rates and have insurance coverage that meets or exceeds the minimum City coverages. If you have any questions, or I can be of any further assistance, please call. • BUSH & ASSOCIATES, INC. b� A.15 J� David A. Bush, LS President Attachments: Project References Resume' Fee Schedule �I RECENT SURVEYING PROJECTS • Orange County Water District / Water Factory 21 Injection Wellhead Facilities — Design survey for two injection wells and related pipeline, Fountain Valley, CA. • Boyle Engineering Corporation / Torrance CIP #I -37 and CIP #I -38 Sewer and Water Pipelines — Design survey for 2.3 miles pipeline, Torrance, CA. • Daniel Boyle Engineering / City of Newport Beach Irvine Avenue Water Transmission Main — Design survey for 0.9 mile water pipeline, Newport Beach, CA. • CGvL Engineer / Irvine Ranch Water District Turtle Rock Zone 4 Pressure Improvement — Design survey and construction survey for 1.3 miles water pipeline, Irvine, CA. • Orange County Sanitation District / Back Bay Trunk Sewer — Design survey and construction survey for 1.8 miles sewer pipeline, Newport Beach, CA. • Irvine Ranch Water District / University Drive Reclaimed Water Pipeline — Construction • survey for 2.5 miles water pipeline, Irvine, CA. • City of Newport Beach/ Buck Gully Sewer Bypass —Design survey, construction survey and prepare legal descriptions for sewer pipeline and lift station, Newport Beach, CA. • MacDonald - Stephens Engineers / Irvine Ranch Water District Coyote Canyon Sewer Lift Station — Design survey for one mile sewer pipeline and lift station site and prepare legal descriptions, Irvine, CA. • Carollo Engineers / City of Anaheim Water Well 22 Pump Station — Design survey for one acre production well site, Anaheim, CA. • Lee & Ro, Inc. / Santa Margarita Water District San Juan Creek Lift Station Force Main and Recycled Water Transmission Main — Construction survey 1.5 miles sewer and 1.3 miles recycled water pipeline, San Juan Capistrano, CA. • yi> 0 PROJECT REFERENCES • Boyle Engineering Corporation Phil Stone, P.E. Senior Engineer / Project Manager Tel: (949) 476 -3306 Project: Torrance CIP #I -37 and CIP #I -38 Sewer and Water Pipelines • Daniel Boyle Engineering Joe Boyle, P.E. Senior Engineer Tel: (949) 768-2600 Project: Newport Beach Irvine Avenue Water Transmission Main • Orange County Sanitation District Florian Icja • Construction Inspector Tel: (714) 593-7341 Project: Back Bay Trunk Sewer • Irvine Ranch Water District Billy Stewart, P.E. Construction Services Manager Tel: (949) 453-5610 Project: University Drive Reclaimed Water Pipeline E RESUME DAVID A. BUSH • Bush & Associates, Inc., President FIELD of SPECIAL COMPETENCE EDUCATION REGISTRATION YEARS of EXPERIENCE PROFESSIONAL AFFILIATIONS EXPERIENCE SUMMARY Surveying California State University, Fresno / 1989 B.S. Surveying Engineering Land Surveyor — California (1994) 15 years California Land Surveyors Association American Congress on Surveying and Mapping Conducted numerous design and construction surveys for pipelines, reservoirs, street improvements of major thoroughfares, park and recreation building improvements and bridges. Extensive experience in boundary analysis, subdivision preparation and legal descriptions. Since • 1992 have been actively involved in various types of surveys for water and wastewater improvement projects. Bush & Associates, Inc. was established in 1983 and is a general land survey firm providing services to both public and private sector clientele. We have extensive experience in municipal public works projects for many public agencies in the Southern California region and have completed numerous design and/or construction surveying projects water and wastewater pipeline projects: • Bonita Canyon Drive Pipelines, Irvine, CA. Irvine Ranch Water District. Design and construction surveying for 3 miles of water and sewer pipelines. • Crystal Lantern Phase II Storm Drain Improvements, Dana Point, CA. City of Dana Point. Construction surveying for 0.5 mile of storm drain pipeline. • Cast Iron Main Replacement, Redondo Ave. and 2ND Street, Long Beach, CA. Long Beach Water Department. Design survey for 2.1 miles of water pipeline. • R -6 Reservoir Water Transmission Main, Lake Forest, CA. El Toro Water District. Design and construction surveying for 0.9 mile of water pipeline. E Bush & Associates Inc. Exhibit B •Land Surveyors u 0 BUSH & ASSOCIATES INC. 2002 FEE SCHEDULE 1 -Party Survey Crew W /Equipment $104.001HR 2 -Party Survey Crew W /Equipment $144.001HR 3 -Party Survey Crew W /Equipment $184.001HR Licensed Land Surveyor $ 82.001HR Survey Technician $ 64.001HR Draftsperson $ 58.001HR Prints, Photocopies, Etc..... Cost + 10% 18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1888