HomeMy WebLinkAbout07 - Survey On-Call ServicesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
May 26, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Dave Webb, Deputy Public Works Director
949 - 644 -3328 or dawebb @city.newport - beach.ca.us
SUBJECT: SURVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING,
INC. AND PROFESSIONAL SERVICE AGREEMENT WITH
GEOMATICS TRANSPORTATION SERVICES, INC.
RECOMMENDATIONS:
1. Approve Amendment No. 2 to Professional Services Agreement with Coast
Surveying, Inc., for on -call surveying and mapping services and authorize the Mayor
and City Clerk to execute Amendment No. 2.
2. Approve Professional Services Agreement with Geomatics Transportation, Inc., for
on -call surveying and mapping services and authorize the Mayor and City Clerk to
execute the Professional Services Agreement.
DISCUSSION:
On August 15, 2007, the City Council approved a Professional Services Agreements
with Coast Surveying, Inc. to provide as needed on -call professional surveying and
mapping services that may be required for any Capital Improvement Program (CIP)
projects. On May 8, 2008, the City Council approved Amendment No. 1 to the
Professional Services Agreement with Coast Surveying, Inc. and the term was extended
to June 30, 2009.
On -call agreements allow staff to retain specialized services that are regularly required
for various projects, at fees that are set for a two year period of time. On -call
agreements were developed to avoid the need to enter into a great number of small but
time - consuming Professional Services Agreements (PSA) between the City and the
consultants to accomplish these on -going project tasks. Staff recommends extending
the term of each PSAs by two years (June 2011) and updating the hourly rates as
shown on the attached PSA exhibits. The Fee Schedules are also updated.
Survey On -Call Services - Approval Professional Services Agreements
May 26, 2009
Page 2
Coast Surveying, Inc. has provided exceptionally high quality service for the City on
numerous projects over the years. These services include design surveys, photo
control, aerial mapping, construction staking, centerline surveys, Corner Records and
Record of Survey. Some of the projects that Coast Surveying, Inc. worked on include
the Avon/Tustin /Oceanview Rehabilitation, Corona del Mar Streets, Dover Avenue &
Westcliff Rehabilitation and Marina Park Parcel Map.
Geomatics Transportation Services, Inc. is a mid -sized surveying and mapping firm with
strong qualifications. Founded in 2000,by former employees of the Orange County
Surveyor's Office, the firm provides aerial mapping services, control networks, boundary
and right of way, topographic and utility surveys and construction staking.
Rates included in the agreements are competitive and in line with industry standards.
The new fees for various services are either unchanged, or are approximately 7 -10%
higher than 2007. Please refer to the attached table for rate comparisons.
The above recommended firms provide unique specialized services that can or continue
to be tailored to the City's individual projects.
Funding Availability:
Funds for these services are available in specific project accounts within the City
Council approved Capital Improvement Program.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Prepared
Deputy Public Works Director
Submitted by:
Attachment: Amendment No. 1 to Agreement with Coast Surveying, Inc.
Professional Services Agreement with Geomatics Transportations, Inc.
Rate Comparisons Table
COAST SURVEYING, INC.
Position
2007 Hourly Rates
2009 Hourly Rates
Hourly Rate
Increase
Project Management
$145
$156
$11
Project Surveyor
$123
$133
$10
Survey Technician
$97
$104
$7
Clerical and Delivery Service
$56
$60
$4
2 Person Survey Party w/ Equipment
$220
$241
$21
Frson Survey Party w/ Equipment
$286
$312
$26
Receivers (minimum ofthree)
$100 /day /receiver
$100 /day /receiver
$0
Amount Expended 6/2007- 6/2009
A Street at Balboa Blvd.
$
909.00
Avon & Santa Ana Slope
$
3,567.00
Avon /Tustin /Oceanview Rehab
$
13,578.00
Coast Highway /Seaward to Morning Canyon
$
9,539.50
Corona del Mar Streets
$
24,032.30
Dover Ave & Westcliff Rehab
$
28,226.00
Gateway Signs Survey & Easement Services
$
2,411.75
Marina Park Electrical Line
$
609.00
Marina Park Parcel Map
$
29,628.00
River Ave. Survey
$
6,369.00
Westcliff - Sidewalk Curb &Gutter
$
7,640.00
Total
$
126,509.55
GEOMATICS TRANSPORTATION
SERVICES, INC.
Position
2007 Hourly
Rates
2009 Hourly Rates
Hourly Rate
Increase
Project Surveyor
N/A
$135
N/A
Senior Surveyor
N/A
$125
N/A
Surveyor
N/A
$120
N/A
Assistant Surveyor
N/A
$112
N/A
Senior Survey Technician
N/A
$105
N/A
CADD Specialist
N/A
$102
N/A
CADD /Survey Technician
N/A
$90
N/A
Survey Aid II
N/A
$75
N/A
Clerical
N/A
$44
N/A
2 -Man Crew
N/A
$218
N/A
3 -Man Crew
N/A
$287
N/A
Travel Time
N/A
$170
N/A
* On -Call Survey Agreements with Advanced Survey Concepts, Inc. and Bush & Associates, Inc. will
expire in June 30, 2009. These Agreements will not be renewed.
AMENDMENT NO. TWO
TO PROFESSIONAL SERVICES AGREEMENT WITH
COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and COAST SURVEYING,
INC., a California Corporation whose address is 15031 Parkway Loop, Suite B, Tustin,
California 92780 -6527 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On August 15, 2005, CITY and CONSULTANT entered into An On -Call
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for
surveying services for the City on an as need basis, hereinafter referred to as
"PROJECT ".
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, dated May 8, 2007.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT and to extend the term of the
AGREEMENT to June, 30, 2011,
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Consultant shall be compensated for various services performed pursuant to
AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May
8, 2007, attached hereto respectively as Exhibit 1.
2. Consultant's compensation for services performed, including all reimbursable
items and subconsultant fees, as identified in the Letter Proposal, shall not
exceed $50,000 for each Project.
3. Compensation to the Consultant for services performed pursuant to this
AMENDMENT NO. TWO for all work performed from July 1, 2009 to June 30,
2011, including all reimbursable items and subconsultant fees, shall be based on
the Schedule of Billing Rates, attached hereto as Exhibit 2.
4. The term of the AGREEMENT shall be extended to June 30, 2011.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
By:
ynet AeD e ch mp
Assistant City At orney
for the City of Newport Beach
ATTEST:
as
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Edward D. Selich
Mayor
for the City of Newport Beach
COAST SURVEYING, INC.
By:
Ruel del Castillo,
President
M
Rue] del Castillo,
Treasurer
Attachments: Exhibit A — Amendment No. One for On -Call Traffic Engineering Services
Exhibit B - Schedule of Billing, Rates
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this g,4— day of _ 2007, by and between the CITY OF
NEWPORT BEACH, a municipal coyporation, (hereinafter referred to as "City ") and
COAST SURVEYING, INC. a California corporation whose address is 15031 Parkway
Loop, Suite B, Tustin, CA 92780 -6527 ( "Consultant "), and is made with reference to
the following:
RECITALS
A. On August 15`t', 2005, CITY and CONSULTANT entered into a On -Call
Professional Services Agreement, hereinafter referred to as "Agreement",
for Surveying Services to assist the City in executing its Capital
Improvement Program. This Agreement is scheduled to expire on June
30th, 2007_
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30t', 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform various surveying services pursuant to this
Amendment No. 1 and according to the Request to Extend On -Call
Services Agreement dated April 25, 2007, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2009, including all reimburseable items and subconsultant fees, shall be
based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: _ ( . cq__._�
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: Ata A 'J
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Y
Mayor
for the City of N rt Beach
jr
Plot
&MIN-
Title: Presidennt��,` �! h
Print Name: Rau, � �S�(,t.�
Print Him
Title:- CFO
/ &
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
f: lusers\pbwlsharedlagreementslfy 07 -081on -call serviceMCoast Amendment.doc
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (7141918-6277
www.coastsurvey.com
April 25, 2007
City of Newport Beach EXHIBIT A
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: Michael Sinacori, P.E.
Re: On -Call Surveying Services
Dear Mr. Sinacori:
INTRODUCTION
Coast Surveying, Inc, welcomes the opportunity to submit our proposal to provide On -Call
Surveying Services to the City of Newport Beach.
Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in
August 1981 and remains so today with 100% of our business being surveying and mapping.
As a result of our emphasis on surveying and mapping, we are better equipped and better
trained than most firms offering those services. With our top of the line equipment, trained
personnel and principals and key employees having many years of both field and office
surveying experience, our firm is ideally suited to provide services on a wide variety of
projects.
Our business operational strategy of pubic agency focus has enabled us to work successfully
with numerous public agencies on various type projects throughout southern California. We
have developed an excellent working relationship with staff from the agencies that we work
with. Our philosophy is based upon client satisfaction with a public agency focus. Coast
Surveying, Inc. is also a Small, Disadvantaged Business Enterprise.
We believe this team to be exceptional in its experience and capability. We have all of the
necessary resources and expertise to complete this project, to City of Newport Beach
standards, on time and within budget.
COMPANY PROFILE
Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty -six
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; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los
Angeles; numerous cities throughout the area including the City of Newport Beach; 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.
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE B TUSTIN, CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www.coastsurvey.com
About 95% of our work is for governmental agencies, including: federal, state, local,
transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a
Certified DBE firm and is a financially stable firm with 18 employees currently.
Recently, we have been providing various types of surveying services to the City of Newport
Beach, including design surveys, photo control, aerial mapping, construction staking,
centerline surveys, Corner Records, and Record of Survey.
We currently have an on -call contract with the City of Garden Grove to perform survey
services, a contract with the Los Angeles County Metropolitan Transportation Authority, a
contract with the County of Orange to provide map checking services, a contract with the
County of San Bernardino to provide survey services, and an on -call right of way mapping
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, aerial mapping, construction
staking and /or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine,
Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and
San Clemente.
Also as a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and /or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos
Verdes, 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.
DESCRIPTION OF SERVICES PROVIDED
Design Surveys for Various Public Works Projects
Photo Control and Aerial Photogrammetric Mapping
Topographic Surveys and Boundary Surveys
Centerline Surveys and Centerline Ties
Corner Records and Records of Survey
Preparing /Reviewing Legal Descriptions and Sketches
Preparing /Reviewing Subdivision Maps — Tentative & Final
Construction Staking for Various Public Works Projects
2
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B. TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (7141918 -6277
EXHIBIT B
CITY OF NEWPORT BEACH
ON -CALL SURVEYING SERVICES
SCHEDULE OF HOURLY RATES
JULY 1, 2007 to JUNE 30, 2009
Project Management
Project Surveyor
Survey Technician
Clerical and Delivery Service
2 Person Survey Party w /Equipment
3 Person Survey Party w /Equipment
$145.00 .
123.00
97.00
56.00
220.00
286.00 -
GPS Receivers (minimum of three) - $100.00 1day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
DATE URDR CERTIFICA . E OF LIABILITY INSUII -ANCE 520
Dealey, Renton & Associates
P. O. Box 10550
nta Ana, CA 92711 -0550
.4 427 -6810
INSURED
Coast Surveying, Inc
15031 Parkway Loop, Suite B
Tustin, CA 92780 -6527
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: United States Fidelity & Guaranty
INSURER e: Travelers Casualty &Surety Co of Amer
INSURER C: St. Paul Fire & Marine Ins. Co.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION -OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
ITR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDDlYI'
POLITY EXPIRATION
DATE MMlDDlYY
LIMITS
_
A
GEEINERALLIABILITY
BKO1901237
09/18/06
09/18/07
EAa +DCCURRENGE
$1000000
FIP,E DAMAGE (Any onefre)
MED EXP(Any one person)
82000,000
—
�X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE LX_I OCCUR
Gen. Liab. policy
excludes claims
$10000
PERSONAL & ADV INJURY
$1 000 000
arising out of the
_
GENERAL AGGREGATE
E2 000 000
performance of
GEN'L AGGREGATE L IM IT APPL IES PER
PRODUCTS COMPIOP AGG
52000000
prof. services
POLICY PRC,T- LOC
A
AUTOMOBILE LIABILITY IBKO1901237
r ANY AUTO
P
09116/06
09%18/07
COMBINED SINGLE LIMIT
(Ea an ideM)
$2,000,000
BODILY INJURY
(Per person!
E
IF ALL OWNED AUTOS
SCHEDULED AUTOS
I%( I HIRED AUTOS
X NON.OWNEDAUTOS
,_.—J
BODILY INJURY
(Per accitlenp
PROPERTY DAMAGE
(Per accidem)
E
__-
E
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
_
b
ANY AUTO
_
$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
E
_
E _
DEDUCTIBLE
$
RETENTION E
B
WORKERS COMPENSATION AND
XSUB5585Y44707
02/12/07
02/12(08
X We STAru- oTH-
E.L. EACH ACCIDENT
$1,000,000
EMPLOYERS' LIABILITY
I
E.L. DISEASE -EA EMPL OYEE
31,000,000
f
E.L. DISEASE - POLICY LIMIT
$1,000,000
C
OTHER Professional
QP03801139
09118106
09118/07
$1,000,000 per claim
lability
$1,000,000 arm( aggr.
!aims Made
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re: On -Call Surveying Services. Job #P103110
The City of Newport Beach, its officers, employees and volunteers are
Additional Insured as respects as respects to general liability as
required by written contract.
Waiver of subrogation applies for Workers Compensation.
City of Newport Beach
Public Works
Attn: Shauna Oyler
3300 Newport Blvd.
Newport Beach, CA 92658
ACORD 25 -S (7197)1 of 1 #S1939631M186808
LID ANYOF TH E MOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER MKXRKKXXM TOMAff-3f) OAYSWRRTEN
ETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFTJtKECxMOVAXK)CO*QOOMK
JMC a ACORD CORPORATION 1988
BKO1901237 Co, surveying Inc.
`TAR.MDdRSWERT THANGS-SHE POUCY; PUASE READ ff CAR H LLY,
1fif& endorsement modifies 4FI FR nmp mvid ed under der the followinT
LIAROTY UOAHA15E PART-
The following replaces the final paragraph of (a. negligenm or
SECTROINILWHOAS AN (NSUREU,. 1.:
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This insurance is excess aver any "other
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7. 'The following is, addiA, to SIMON, JV:
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WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause' needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. XSUB5585Y44707
Issued to Coast Surveying, Inc
By: Travelers Casualty &Surety Cc of Amer
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization Job Description
City of Newport Beach On -Call Surveying Services. Job #P103110
Public Works The City of Newport Beach, its officers,
Attn: Shauna Oyler employees and volunteers
3300 Newport Blvd.
Newport Beach, CA 92658 WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE
COMPANY.WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL
INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE
CERTIFICATE ATTACHED HERETO.
WC 04 03 06 Countersigned by
(Ed. 4 -84) Authorized Representative
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TRAVELERS
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) — 001
POLICYNUMBER: (XSUB- 5585Y44 -7 -07)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 5
mium otherwise due on such remuneration.
Person or Organization
ALL PERSONS OR ORGANIZATIONS
THAT REQUIRES YOU TO OBTAIN TH
UTED THE CONTRACT BEFORE THE L
DATE OF ISSUE: 01 -10 -07 ST ASSIGN:
Schedule
% of the California workers' compensation pre-
Jab Description
THAT ARE PARTIES TO A CONTRACT
IS AGREEMENT PROVIDED YOU EXEC
OSS
Fax #:
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 5 -30 -07 Dept. /Contact Received From: Shauna Oyler
Date Completed: 6 -4 -07 Sent to: Shauna By: April Walker
Company /Person required to have certificate:
GENERAL LIABILITY
Coast Survevine Inc.
A. INSURANCE COMPANY: United States Fidelity & Guaranty
B. AM BEST RATING (A: VII or greater): A+ XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
2 mil agg/t mil occ
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
N Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included? ® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording? ❑ Yes ® No
1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
IL AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: United States Fidelity & Guaranty
B. AM BEST RATING (A: VII or greater): A +XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided? 2 mil
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ® Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? NIA ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
flitit[�I:�:(Z.q[K�[�P
A. INSURANCE COMPANY: Travelers Casualty & Surety Co.
B. AM BEST RATING (A: VII or greater): A+ XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® Yes ❑ No
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE 13 TUSTN CA 92780 - 6527 '714) 918 -6266 FAX (714) 918 -6277
CITY OF NEWPORT BEACH
SCHEDULE OF HOURLY RATES FOR SERVICES
PERFORMED BY OUR COMPANY - 2009 through 2011
Project Management $156.00
Project Surveyor 133.00
Survey Technician 104.00
Clerical and Delivery Service 60.00
2 Person Survey Party w /Equipment 241.00
3 Person Survey Party w /Equipment 312.00
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
PROFESSIONAL SERVICES AGREEMENT WITH
GEOMATICS TRANSPORTATION SERVICES, INC. FOR
ON -CALL SURVEY SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City"), and GEOMATICS TRANSPORTATION SERVICES, INC., a
California corporation whose address is 1655 E. 6th Street, Suite A -4A, Corona,
California 92879 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for surveying services.
C. City desires to engage Consultant to perform on -call survey services throughout
the City on an as need basis ('Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Xico
Salazar, PLS.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the June 30, 2011, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Calf' survey services as described in the Statement
of Qualifications attached as Exhibit "A." Upon verbal or written request from the
Project Administrator, Consultant shall provide a letter proposal for services
requested by the City (hereinafter referred to as the "Letter Proposal "). The
Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 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.
A. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff:
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Xico Salazar to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dave
Webb shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing .
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for 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 original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. 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 and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
21. 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 as a result of such 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 return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The 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 any 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.
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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Dave Webb
Public Works Department
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:
Xico Salazar
Geomatics Transportation Services, Inc.
1655 E. 6`h Street, Suite A -4A
Corona, CA 92879
Phone: 951- 279 -1918
Fax: 951 -279 -1881
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it. and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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:
yne l) ehuc mp,
Assistant City i orney
for the City of Newport Beach
ATTEST:
M
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward D. Selich,
Mayor
for the City of Newport Beach
CONSULTANT:
By:
Richard P. Ray,
President
Richard P. Ray,
Treasurer
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
�r
Geomatics Transportation Services, Inc. %V
Who is CTS:
Geomatics Transportation Services, Inc. (GTS) is a full service, minority owned, Surveying & Maooing fine
founded in 2000. The founding principals are former employees of the Orange County Survyor's office, one
of which was a Deputy County Surveyor. Our firm specializes in providing our services to the public sector
such as cities, counties, water and Flood control districts, transportation authorities, Caltrans, and school dis-
tricts. We provide aerial mapping services, control networks, boundary and right of way, topographic and util-
ity surveys, and construction staking. GTS is a Certified DBE with the California Unified Certification Pro-
gram (CUCP) and an SBE with the California Department of General Services.
Qualifications:
°'i)' • GTS is a mid sized Surveying firm with strong qualifications to lend to your team including:
Expertise — GTS specializes in providing our services to the public sector, often On-Call contracts, that include bound -
arylrigh[ -of- -way engineering as well as map checking.
• 40% of our staff is comprised of under represented groups
• 25% of our staff are Licensed Land Surveyors
• Survey Manager who has been managing large public sector projects throughout California for more than 20 years.
• Licensed Staff— Four California licenses and two Nevada licenses
• Cadastral Surveys for rights of way for: roadwaysihighways, railways, flood control channels, transmission lines which
include township and sections retracements
• Light Rail - BART, MTA, VTA
• Airports — Oakland, LA World Airports, San Bernardino, McClellan
• School Disu icts - Providing services to 5 districts
Why choose GTS for your Land Surveying needs:
Over the past nine years GTS has been building a first rate agency and transportation
support group to provide quality surveying services to state and local agencies, and
school districts. Our business plan is 90% public sector survey support. GTS brings
our experience working for many agencies in Southern California such as , the Port of
Long Beach, ACTA, MTA, local agencies such as the County of Riverside, Cities of
Palmdale, Coachella, and the San Bernardino Airport. In addition we have been under
contract with 5 school districts. Many of these contracts have been on an on -call ba-
sis. Please call us so we can assist you with your Surveying needs.
Corona(951)279 -1918
Geomatics Transportation Services, Inc.
Richard P. Ray, PLS Principal
Registration 1990 /Land Surveyor/ California No. 6390, Expiration 12/31/10
Experience
Education
Societies
Experience
Mr. Ray has 32 years experience in the surveying profession in California, including 20 in
the private sector (8 years with GTS), as well as 12 in the public sector. Rich moved back
to Southern California in 2007 and is the managing principal for the Corona office. He
understands the requirements and procedures of managing the mapping and right -of -way
engineering aspects of a PSR and PS &E contract as it relates to Caltrans Standards. Rich
has been the project surveyor or task order manager on 28 PSR and PS &E contracts for
GTS over the past 8 years. His transportation experience began in the late 1980's and was
enhanced as Deputy County Surveyor at the County of Orange. Since leaving the County,
during the bankruptcy 13 years ago, he has focused on transportation surveying for URS
Greiner and GTS. Rich has been managing our local Surveying and Mapping contracts
with MWD, the Port of Long Beach, SANDBAG, Huntington Beach Union High School
District, and the San Bernardino Airport Improvement Program. In addition, he is the
principal —in- charge for a number of projects we are working on in the Bay Area including
the City of San Leandro, and the Contra Costa County Surveyor contract. Mr. Ray is a past
member of the Board of Registration L.S.TAC, past CLSA Liaison to the Board of
Registration, as well as a former California Governor to the National Society of
Professional Surveyors.
AA Degree/ Civil Engineering Technology/ 1976/ Fullerton College
NSPS, IRWA, CLSA, APWA, COMTO
Palmdale Airport Boundary Record ofSurvey and Parcel Map qf 1,700 Acre Facility, LAWA, CA
Surveyor responsible for quality control for this 65 sheet Parcel Map for this 1,700 acre LAWA facility
for the Palmdale Airport site. This project included hundreds of easements and the consolidation of the
number of parcels the airport had acquired over the past 35 years. GTS also assisted Hall and Foreman
with the 52 sheet Record of Survey by reviewing calculating the locations of the easements from the
title report exceptions.
Division 11 Rail Yard Expansion Construction, Blue Line, Stacy& Witbeck Inc., Long Beach, CA
Survey Manager for this design build contract. MTA is expanded this 15 year old facility, adding a
couple of spur rails, realigning existing spurs to make way for the new spurs, adding utilities and
rerouting others as well as expanding one of the service buildings. Rich will oversee the utility location
phase, and the construction staking.
Surveying, Mapping, and Boundary, LPA Architects, Arcadia Unified School District, Arcadia, CA
Project Surveyor for this five campus project. Aerial mapping control by GPS methods, aerial mapping
at a scale of 1 "= 40', conventional ground surveys and cross sections, finish floor elevations at each
class room door, building corners, hardscape, utility surveys, athletic fields grid elevations, etc.
Geomatics Transportation services. Inc. Richard P Ray, PLS
Geomatics Transportation Services, Inc.
Richard P. Ray, PLS Principal
MWD Cross Connection Topographic Surveys, Orange and San Diego Counties, CA
Survey Manager for post - processing of the field crew electronic data collection in MicroStation and
InRoads format. Over 120 sites were delivered delivered to MWD on -time and on- budget
San Bernardino International Airport IVDA — Del Rosa Drive, Harry Sheppard Boulevard, Leland
Norton Way and Rialto Avenue Street Improvements
This ongoing project is winding clown however the scope included aerial mapping, control for
construction phase, boundary and right of way determination, design surveys to be used as the basis of
Civil Engineering and Architectural design, as well as detail design and utility surveys of the existing
parking lots. Currently in the construction management phase of this large project and Rich is the Survey
Manager for this phase of the project. Responsibilities include scheduling multiple crews, performing
office calculations for construction layout, checking fieldnotes and distributing them to the resident
engineer, etc.
Pier B Rail Facility Infrastructure Program, PS &E, HDR, Port of Long Beach, CA
Principal -in Charge as well as QC functions of the surveying tasks for this engineering design project for the
Port of Long Beach which includes the 91' Street grade separation, North Harbor access, diesel locomotive
fueling facility, and a rail operations plan. This project is underway and GTS is responding to the second task
order.
BART Measure AA Earthquake Safety Program, On -Call, PS &E, Retro Fit, Oakland, California
Survey Manager for the first contract awarded under the Measure AA Earthquake Safety Program.
GTS performed all the control, aerial control, and detail design and utility surveys at all BART
crossings within the City of Oakland, The project limits consist of two separate segments of the BART
line running through the City of Oakland, including the vibro - compaction study along the BART tube.
The first segment is elevated along the entire length from the portal to Martin Luther King Blvd,
approximately 2.7 miles. The second segment was mapping 19 crossings from 27th Street to the
Berkeley Tunnel. The topographic mapping was delivered on schedule
LACMTA Surveying and Mapping Services Jor Contract PS -4310- 1268 -1, On -Call, LA County, CA
Survey Manager of this fixed price task order driven "Bench Contract." GTS assignment is to provide
mapping, control, right -of -way engineering, boundary, QA/QC surveys, construction control and
staking, as well as provide field and office personnel on an as needed basis.
Highway 71 Near Prado Dam, Santa Ana River Project, Orange County Surveyors Office, California
This project was collaboration between the Orange Survey Surveyors Office (OCS) and Caltrans District
8. It was unique in the respect that because Caltrans did not have the staff to take on this project, and they
were not allowed to contact out to the private sector, we struck a deal to do the ROWE and later the
construction staking. Rich was instrumental in negotiating the MOU between the agencies and managed
the county ROWE efforts, to Caltrans Standards, for this 3 -mile portion of highway.
Geomatics Transportation Services Inc. Richard P Ray, PUS
r t Geomatics Transportation
,
Xico Salazar, PLS Survey Manager
Registration
Experience
1984 California Professional Land Surveyor No. 5507 Expires 9/30/10
Mr. Salazar, Regional Manager, has 32 years of surveying and mapping experience
working in Southern California including highway, railroad and LRT, design surveys,
Photogrammetry, construction, right -of -way engineering, hydrographic, boundary,
subsidence, telecommunications, and underground (mines and tunnels) surveying. He
also has experience in large area mapping, subdivisions, ALTA, control, and topographic
mapping. Having been a principal of a firm and Licensed Land Surveyor, with 22 years
of responsible charge experience, Mr. Salazar has worked on, or supervised, every aspect
of projects from the beginning estimating through the final delivery to the client,
including procuring projects, coordination, budgeting, client interaction and QA /QC.
Xico and Rich Ray, GTS Vice President, have been working together off - and -on since
they were field surveyor's for the Port of Long Beach in 1982.
Societies CLSA, IRWA
Education Escuelas Internacionales de la America Latina, Mexico City. Diploma Land Surveying
and Mapping 1971.
Defense Mapping Agency, Inter - American Geodetic Cartographic School, Canal Zone,
Panama
Diploma /Photogrammetry /1974
Project Experience (as Survev Manager)
Transportation Corridor Agencies - Toll Road 241 widening, Oso Pkwy to Bake Dr. t10 miles
Sub Consultant to HDR, Inc. This project included control, aerial mapping for entire project,
design surveys for every on -ramp & off -ramp, detailed surveys for every bridge structure within
the project.
City of Riverside, California — Chicago Avenue /Columbia Avenue /Iowa Avenue Street
Improvements
Sub Consultant to DMJM Han-is — Project included Design Surveys and Aerial Mapping for t3.0
miles of streets and railroads, right -of -way and boundary determination along project and
preparation of legal descriptions for R/W takes and TCE's.
City of Tustin, California — San Juan Street, Orange Street and Walnut Street Improvements
Design surveying and mapping to be used as the basis for the preparation of Street Improvement
Plans, Construction Staking.
City of Norwalk, California- Proposed Metro Rail Train Station and Railroad Upgrades
This project included aerial mapping, extensive as -built surveys for existing streets and railroad
tracks, boundary and right -of -way determination, design surveys for proposed train station area
and the filing of a Record of Survey.
Geomatics Transportation Services Inc Xico Salazar, PLS
Geomatics Transportation Services, Inc.
Xico Salazar, PLS Survey Manater
ACTA Alameda Corridor Transportation Authority— Pacific Coast Highway Grade Separation
Sub Consultant to HDR, Inc. Project included detailed measuring and depiction of substructures,
extensive design surveys and pot hole surveys over a 70+ acre area, to be used as the basis for the
design of a 0.5 mile bridge overpass.
Pier B Rail Facility Infrastructure Program, PS &E, HDR, Port of Long Beach, CA
Survey Manager of the surveying tasks for this engineering design project for the Port of Long
Beach which includes the 9`h Street grade separation, North Harbor access, diesel locomotive
fueling facility, and a rail operations plan. This project is underway and GTS is responding to the
third task order.
City of Palmdale California- Avenue "P" /Rancho Vista Grade Separation
Sub Consultant to LAN Engineering. Project included Ortho Photography, Aerial mapping and
design surveys for ±6.6 mile long corridor and intersecting streets, monument recovery, street
alignments, right -of -way determination and preparation of plats and legal descriptions for R/W
takes. Design Surveys are in progress
Caltrans District 12 - Interstate 5 @ Loara Street Southbound Of/ Ramp. ±172 Acres
Sub Consultant to Parsons Transportation Group. This project included control, aerial mapping,
boundary and right of way determination, legal descriptions for parcel takes, design surveys along
existing freeway and proposed off -ramp area including drainage and bridge structures.
City afMoreno Valley, California — Pigeon Pass Road Widening
Sub Consultant to HDR, Inc. Project included Control, Aerial Mapping for a ±2.6 mile long
corridor, Design Surveys for corridor and intersecting streets, right -of- way/boundary
determination for entire project and preparation of legal descriptions for R/W takes, Construction,
Drainage, Slope, Access and Ponding Easements.
City of Irvine, California- Widening of the Laguna Canyon Road Bridge over the 405
Freeway
Sub Consultant to LAN Engineering. Project included aerial mapping for a ±146 acre area, design
surveys along Laguna Canyon Road between Quail Hill Parkway and Alton parkway, as -built
surveys of existing bridge and freeway roadway, utilizing reflectorless measuring technology,
preparation of legal descriptions and plats for slope easements, stake out proposed slopes and pot
hole survey.
Inland Valley Development Agency San Bernardino Airport — Del Rosa Drive, Harry Sheppard
Boulevard, Leland Norton Way and Rialto Avenue Street Improvements
Sub Consultant to Cordoba Corporation - This ongoing project includes aerial mapping, design
surveys, control for construction phase, boundary and right of way determination, and as -built
existing parking lots. This project is now in the construction phase with GTS providing the
construction staking for the roadway improvements. Xico is overseeing this work
Geomatics Transportation Services, Inc. Xico Salazar PLS
EXHIBIT B
Geomatics Transportation Services, Inc.
BASIS OF COMPENSATION
Professio I Services Hourly Rate Schedule
(
Project Surveyor ...............................
$135.00
Senior Surveyor . ...............................
$125.00
Surveyor... .............................
$120.00
Assistant Surveyor ............................
$112.00
Senior Survey Technician ...................
$105.00
Cadd Speciaist ....................
$102.00
Cadd /Survey Technician ....................
$90.00
Survey Aid II ..... ...............................
$75.00
Clerical ............ ...............................
$44.00
2 -Man Crew ...... ...............................
$218.00
3 -Man Crew ...... ...............................
$287.00
Travel Time $170.00
OVERTIME @ 1.29 TIMES THE ABOVE HOURLY RATES
Expenses @ Cost including: Expenses at the following:
Reproduction, Research - Outside Auto Mileage $0.48
Filing & Permit Fees (Survey Crew Mileage i! included in the above rates)
Overnight Delivery Reproduction - In House -$1.00 per sq ft
Geomatics Transportation Services, Inc.
1655 E. 6th Street, Suite A -4A
Corona, CA 92879
Telephone (951) 279 -1918
Facsimile (951) 2790664nents and SettingsWiu\Local Settings%Temporary Internet Files\Content.Ou [look \9UQGGMXO \GTS 2009rates