HomeMy WebLinkAboutC-3583 - Geotechnical and Survey ServicesPROFESSIONAL SERVICES AGREEMENT
WITH BUSH & ASSOCIATES, INC. FOR
ON -CALL SURVEYING SERVICES
THIS AGREEMENT, entered into this, day of ll -rte^ , 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
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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
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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
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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
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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.
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6. COOPERATION
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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
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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.
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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 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
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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),
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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
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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
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
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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.
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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
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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.
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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
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(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
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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.
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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: _
C' y Attorney
ATTEST:
By. ✓I�f�le y""' M- 11,4,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
CONSULTANT
Bush & Associates, Inc.
By: ') Z A, &( --
Title:—? FzNoe�
F:\ USERS\PBVV\SharedlAgreements \FY 02- 031Bush & Associates On- Call.doc
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Bush & Associates Inc. Exhibit A
Land Surveyors
November 18, 2002
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 Q • Irvine, California 92614 -6520 • (949) 752 -1888
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City of Newport Beach
November 18, 2002
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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.
DC�j A,15 J,
David A. Bush, LS
President
Attachments: Project References
Resume'
Fee Schedule
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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.
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PROJECT REFERENCES
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• 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 Ioja
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
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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.
,..b
Bush &(associates Inc.
BUSH & ASSOCIATES INC.
2002 FEE SCHEDULE
1 -Party Survey Crew W /Equipment
2 -Party Survey Crew W /Equipment
3 -Party Survey Crew W /Equipment
Licensed Land Surveyor
Survey Technician
Draftsperson
Prints, Photocopies, Etc.....
Exhibit S
Land Surveyors
$104.00/HR
$144.00/HR
$184.00/HR
$ 82.00/HR
$ 64.00/HR
$ 58.00/HR
Cost + 10%
18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1888
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. -I
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
Ki J 1.: "
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: GEOTECHNICALin SURVEY ON -CALL SERVICES - APPROV�OF PROFESSIONAL SERVICES
AGREEMENTS HARRINGTON GEOTECHNICAL ENGINEE , 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.
Funding 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 by:
J. Sinbcori, P.E.
Engineer
Submitted by:
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
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• 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
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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 27`h 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
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• 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
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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
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• 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.
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.
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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
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• 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.
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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 is
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
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• 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),
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covering any owned and rented vehicles of Consultant in a minimurn
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
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• 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
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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
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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.
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• 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
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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.
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• 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: 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
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(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
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• 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.
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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 Attorney
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
M3
CONSULTANT
Harrington Geotechnical, Inc.
as
Title:
F:\ USERS \PBMSnared\Agreements \FY 02 -03 \Harrington Associates On- Call-doc
am
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Harrington Geotechnical Engineering, Inc.
Statement of Qualifications is
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 _he 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. •
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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 ........................
City of Huntington Beach - Dave Webb .........................
City of .Anaheim - Jack Plake .................................
Pacific Bay Homes -Robbie Herdman ..........................
P.R.P. Development - Steve Mickel ............................
Benner Metals Corporation - Francis Benner .....................
Kendricks & Associates - Ron Kendricks ....................... .
Farmers Insurance Group - Nancy VanCleve .....................
Edward R. Niles, .Architect, F.A.I.A . .......................... .
(714) 961 -7170
(714) 536 -5431
(714) 254 -5176
(714) 440 -7200
(909) 341 -6750
(714) 879 -6477
(714) 870 -6182
(619) 931 -7400
(310) 457 -3602
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.
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Harrington Geotechnical Engineering, Inc. •
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
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A
4j8rrin(�ln ion EXHIBIT B
eoj CI]IlIC91
Personnel eelKi>g, Inc.
Principal Engineer /Geologist .................................... ............................... $ 150 Per Hour
Senior Engineer /Geologist ...................................... ............................... $ 100 Per Hour
Supervisor ................................................... ..............................$ 70 Per Hour
GeotechnicalAide ........................................... ............................... $ 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 Persotmel ............................................. ..............................$ 35 Per Hour
Prevailing Wage Projects
Senior Technician (Soil, Asphalt Concrete) \Special 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
Field Vehicle ................................................ ............................... $ 5 Per Hour
NuclearGauge ............................................... ............................... $ 5 Per Hour
Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and
Court Appearances
*Senior Engineer/ Geologist .................................... ............................... $250 Per Hour
Senior Engineer /Geologist ...................................... ............................... $200 Per Hour
(31,200. 00 Minimum Professional Fee Per Case)
Basis of Charges
Travel tine 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 perforated 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: pagy - 1.5x straight time
rate for first 4 overlime 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/Holidav - 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 .............. ............................... I .................... $ 140 Each
- 1 -Point Verification (ASTM D1557) ......................... ............................... $ 45 Each
�Noisture Content Test ............................................. ..............I...............$ 11 Each
oisture & Density Test .......................................... ............................... $ 17 Each
Sieve or Hydrometer Analysis ...................................... ............................... $ 82 Each
(over)
Batavia Business Center, 1938 North Batavia Street, Suite N, Orange, CA 92865 (714) 637 -3093 • (800) 924 -7645 • FAX (714) 637 -3096 18
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 ........................................:........ ............................... $ Quotation
'Includes Molds & Report of Results
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 Rig/Bulldozer/Backhoe, 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 teats 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.) will be 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 full.
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)
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Sieve & Hydrometer Analysis CombOd .......................
: ......... .....................
I.... $
132
Each
Sand Equivalent Test ..............................................
..............................$
65
Each
Collapse Potential Test ........ :.. ...............................
. ....... ........................
$
83
Each
Consolidation Test- With Time Rate ................................
...............................
$
165 ch
- 'Nithout Time Rate .............................
...............................
$
11
Direct Shear Test Fast .........................................
...............................
$
120
h'
-Slow ........................................
...............................
$
165
Each
- Residual .......................................
...............................
$
385
Each
'Add $50 Fabrication
Charge for Tests on Remolded Specimens.
Atterberg Limits (LL & PL Only) ...................................
...............................
$
130
Each
Expansion Index 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 ........................................:........ ............................... $ Quotation
'Includes Molds & Report of Results
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 Rig/Bulldozer/Backhoe, 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 teats 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.) will be 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 full.
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)
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. 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.
is
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
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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
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• 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
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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
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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.
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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
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• 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.
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11. PROGRESS
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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 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
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• 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),
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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
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• 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
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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
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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.
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• 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
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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.
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• 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: Ruel 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 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
L J
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-
0
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
A
City Attorney
ATTEST:
By: _
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
CONSULTANT
Coast Surveying, Inc.
Title:
F: \USERS \PBMSharecMgreements \FY 02 -03 \Coast Survey On- Call.doc
st-11
•
•
•
0 Exhibit A
COAST SURVEYING, INC.
• 15031 PARKWAY LOOP SUITE B TUSTIN CA 92780 -6527 17141918-6266 FAX 17141 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.
•
C 9ASTSURVEYING, 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 -100
SURVEYING IS OUR ONLY BUSINESS!! •
2
0 0
•
Ruel del Castillo, P.L.S.
PROFESSIONAL EXPERIENCE
Survey Manager
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
"on
COAST
managed 25 -call" contracts directly for, or in support of, many federal,
state and local agencies including the Counties of Los Angeles and Orange, the
SURVEYING INC.
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
YEARS OF EXPERIENCE
including boundary surveys & analysis, GPS surveys, topographic surveys,
utility location surveys, large -scale aerial and geodetic control, and monitoring
Total Years Experience: 37 Years
quantities. For example, while working directly for the County of Orange, Mr.
With Coast: 21 Years
del Castillo was responsible for all boundary surveys, first order /second order
With Other Firms: 16 Years
vertical and horizontal control surveys, photogrammetric mapping, control
surveys and centerline surveys.
In 1981, he established his own surveying company in Orange County, Coast
EDUCATION
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
Degree: Certificate
over $40M in fees.. Mr. del Castillo serves as Coast's President and provides
Specialization: Public Service
project management as well as contract administration for all major Coast
Administration
contracts.
Year: 1974
Santa Ana College
SURVEY MANAGER EXPERIENCE
Interstate 5 / State Route 55 Interchange in Orange County, California
for Caltrans District 12 - provided surveys for RBF & Associates in support
Degree: Continuing Education
•
Specialization: Business Administration
of their multi- million dollar, Caltrans 12 highway construction project.
Control included:
& Land Surveying at Santa Ana College
surveys and right -of -way surveys performed
< 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
< Tied monuments to control
1975 / Professional Land Surveyor
< After construction, reset monuments destroyed by construction
# 4212 / California
< After construction , set monuments at new right -of -way points of control
1978 / Professional Land Surveyor
San loaquin Hills Transportation Corridor (State Route 73 ) in Orange
County, California for the Transportation Corridor Agencies. Work
# 11844 /Arizona
consisted of: preparation and/or review of legal descriptions and sketches,
1978 / Professional Land Surveyor
acreage calculations, and exhibits for various properties; preparation and
# 4713 / Nevada
revision of constraints maps; review preliminary title reports along with
revisions or updates; provide fee credit acreage calculations and exhibit maps;
1978 / Professional Land Surveyor
reviewing final policies of title and policy binders for accuracy of descriptions;
# 3668 /Idaho
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
1980 / Professional Land Surveyor
biological resources; providing oversight verification surveys as directed by the
# 7249 / New Mexico
Construction Engineering Manager (CENT) for bridges, structures, walls,
drainage, slopes, and finished surfaces as needed for the construction of 20
1985 / Professional Land Surveyor
miles of new tollways
# 22480 / Washington
State Route 57 / State Route 91 Freeway Interchange in Anaheim,
California for the Orange County Transportation Agency - provided
1989 / Professional Land Surveyor
design surveys and right -of -way surveys to HNTB on their engineering design
# 25939 / Colorado
contract with OCI'A to provide freeway interchange improvements including
•
2000 / Professional Land Surveyor
direct HOV connectors, addition of HOV lanes, freeway widening, connector
# 4730903 /Utah
ramp realignments, and four overpass bridge replacements.
0 0
Kenneth Kasbohm, P.L.S.
PROFESSIONAL EXPERIENCE •
Survey Party Chief
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
CAST
surveys, topographic surveys, design surveys, boundary surveys, right of way
surveys, and construction layout. Mr. Kasbohm is a Professional Land Surveyor in
SURVEYING, INC.
California, a Certified Party Chief and has been Hazmat trained since 1986.
SUR VEYPAR TY CHIEF EXPERIENCE
YEARS OF EXPERIENCE
Route 91 Freeway from I -15 Freeway to McKinley Street in Corona for the
Riverside County Transportation Commission. Work consisted of construction
Total Years Experience: 25 Years
staking for freeway widening, addition of auxiliary lanes, retaining wall 3, and slope
With Coast: 10 Years
staking.
With Other Firms: 15 Years
Bristol Street / I -405 Interchange in Costa Mesa, California for the City of
Costa Mesa tbru Kasler Corporation. Work consisted of construction staking
EDUCATION.
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.
Degree: Certificate
Specialization: Civil Engineering
Route 241 Freeway (Foothill Corridor) - Portola Parkway to Lake Forest
Technology
Drive in Lake Forest, California for the Transportation Corridor Agencies
Year. 1976
tbru Ebensteiner Co. Work consisted of construction staking of 1.7 mules of new
North Dakota State
freeway (Foothill Corridor) for the Transportation Corridor Agencies to Caltrans'
School of Science
specifications and standards: rough grade /slope stakes for both sides and centerline
of freeway, eight ramps, access roadway; layout stakes for box culverts, R.CP, pre -
Degree: Continuing
cast concrete drain lines, and drain inlets; finish grade offset stakes for both sides
Education
of eastbound and westbound roadways, centerline, eight ramps, Lake Forest Dn
Specialization: Land Surveying
and Portola Parkway; construction layout for six bridges; staking for fence on righ
Santa Ana College
of -way; prepare slope stake listing; final monumentation; and vertical and
horizontal control.
REGISTRATION
Route 91 Freeway HOV- Route 55 to Riverside County Line in Anabeim, fr
Yorba Linda, California for the California Private Transportation Corp. tbru
1997 / Professional Land Surveyor
Kiewit 91. The scope of work involved providing quality control/quality assurance
#7371 / California
verification surveys as needed for the construction of 10 miles of new privatized
HOV tollways. The project included numerous retaining walls & soundwails,
1985 / Certified Party Chief
median paving, bridge widening, major interchange redesign, detours, and all
Local 12, Operating Engineers
associated survey control - conventional and GPS.
1986 / 40 -Hour Hazardous Material
San Joaquin Hills Transportation Corridor State Route 73) in Orange
Training per OSHA 29.CFR 1901.120
County, California for the Transportation Corridor Agencies. Work consisted
Local 12, Operating Engineers
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 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 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
•
0 0
• 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
as had extensive experience in boundary analysis, preparation and checking
INC.
SURVEYING, C
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
Witb Coast: 16 Years
With Other Firms: 6 Years
California 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.(H" 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 S /State Route 551nterchang - 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-n- llion dollar, Caltrans 12 bighway
• 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
R EGISTRA TION
< Tied monuments to be destroyed by construction reference monuments
1982/ Professional Land Surveyor
< Tied monuments to control
H 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 loaguin Hills Transportation Corridor - Coast Surveying, Inc. was
retained from 1992/1999 by the Transportation Corridor Agencies (PCA) to
provide professional land surveying and right of way services for the new San
Joaquin Hills Transportation Corridor, now Stare 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.
•
0
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
1981 / Land Surveyor in Training
# S80035 / Indiana
0
PROFESSIONAL EXPERIENCE
Mr. Darling has over 18 years of surveying and mapping experience. Fie 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, stale
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, 11& 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 Transportation 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.
0
C
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.
.,'
• 0
COAST SURVEYING, INC.
• 15031 PARKWAY LOOP, SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
RELEVANT PROJECTS
• Springville Road / 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 / 1 -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 / 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.
1
0 0
December 13, 2001
in erely,
Vinton Singer
Small Business Diversity and Labor Compliance Representative
is
F, IL
•
Mr. Reel del Castillo
Coast Surveying, Inc.
2681 Dow Avenue, 0A
Metropolitan
Tustin, CA 92780
7iansponation
Authority
On, Ms. del Castillo:
One Gateway Plan
SUBJECT: DBE RECERTIFICATION APPROVAL
Los Angeles, CA
900122952
pursuant to the provisions of the Department ofTnnsportstion Rules and Regulations found at 49 CFR,
Pan 26 and the policy of the Los Angeles County Metropolitan Transportation Authority (MTA), Coast
Surmying, Lm has been granted approval for Disadvantaged Business Enterprise (DBE) recertification
status. The Korth American Industry Classification System ( NAICS) codes) used in determining your
firm's eligibility is(are):
NAICS Code(s) g 541370
Only work in the above mentioned NAICS codc(s) will be counted towards DBE participation goals.
This recertification is valid for a period of three years. During this period, you are required to submit
annually to the MTA an affidavit that affums yew organization's continued eligibility to participate in
the DBE program The affidavit (attached) is due no later than the anniversary date of your
certification. Failure to comply with this requirement may be a ground for removal of your DBE
eligibility on MTA projects. To wntioue doing business with MTA as a DBE, a rzccrtification affidavit
and current Federal Tax Returns most be submitted prior to the firm's recertification expiration date of
December 13, 2004.
MTA reserves the right to withdraw this recertification if at any time it it determined that recertification
was knowingly obtained by false, misleading, or incorrect information. MTA also reserves the right to
requeal additional information and/or conduct omsite visits at any time during the recertification period.
The firm Coast Surveying, Inc. thereby consents to the examination of its books, records, and
documents by MTA.
If there are any changes in the ownership or control of the fimh during the recertification period, you are
required to notify this office Immediately at (213) 922 -2600.
in erely,
Vinton Singer
Small Business Diversity and Labor Compliance Representative
is
F, IL
•
•
•
•
• • Exhibit B
COAST SURVEYING, INC.
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
v¢
0 0
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 13,
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
-1-
•
12
0
0
• 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
-2-
,-1.3
0
0
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
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• 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
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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.
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• 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
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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.
B. 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
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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.
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• 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
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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
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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 ;i1
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),
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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
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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
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• 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
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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.
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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
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• 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.
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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
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• (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
L J
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
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Agreement will be effective only by written execution signed by both City and Consultant.
29. COMPUTER DELIVERABLES •
CADE) 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.
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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 Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
CONSULTANT
Guida Surveying, Inc.
0
Title:
F: \USERS \PBMShared\Agreements \FY 02- 03 \Guida Survey On- Call.doc
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"N ®N SURVEYING
11.0 .■0 INC.
September 5, 2002
City of:Ne*,port Beach
0 EXHIBIT A
A MULTI - DISCIPLINED SURVEYING COMPANY
Lois Thompson
Administrative Manager
-
City of Newport Beach
R.O. Box 1768
Newport Beach, CA. 92660 f
Re:.. State of Qualifications for On- call.LandSurveying Services within the City of Newport.
Beach.
` Dear Ms. Thompson:
` Please find enclosed our submittal in response'to your Request for Statemehf6f Qualifications (80Q ,
for 6n =call Land Surveying Services; within the City" of Newport Beach.
•.
Thank you for allowing us to; submit this SOQ. We feel that Guida'Surveyrng,, Inc Is uniquely j
positioned to offer you excelitional quality�andoutstandmg ci'istozner service n? the area of Surveying
and Mapping services. One of otir best assets Is our' 9e rvice.'tv3th responslvegessrand adaptabiliti(.
" We.specia4ize with our on tali .snrviey crews GuutdSurveyfng, laic:, has worked on several pTgy.cts
for the City'siPubhc VUorlcs I}epartment and wcexeitedly look foaward to thebpportwuty:of ,
have:workeyi RobipA Ha*ers & Associates on i ty lot
providmg,on -call sernoes eTis 3,;we yvith
surveys and public v�or ' proj withih the city A few of our suiveyors have:worked" ; *ith gob
" since the late 1970's Surveying, lnc employs 1`1 Prpfession, Land Surveyors, IT field
crews and has 10 GPS Yee + Cuirta SurveyIll 4 maimams three separate offices- t2irbugh.out
the,State of Callforma niel our corporatellfeadgi3arters located in Tustin, CA All key
Individuals bsiedin t13is StatcmeitL pf:- Q6**9tlpxis -work ht of our Change County otfice
` For this On Call contract with the City ofNewport Beach; Vyrda Sur_ tng, Inc wrll assign VII .
Ralph Guida fII, P L S,' as prolectmanagef. �Rr" Guida had over'35 yews bf surveying exgeneneA, and
is currently a jnemUer of Operatln Englneet Local i 2 ln, gmod stanij ng and:will fill' ih Tole of )Sarty
Chief on some task:orders. Mr. Tim Fett }iLS is,our Chef ofPartiea and will be gcheduling (b�e .
. r
,. survey cews:
\ Submitted with this' $tate�nenrof.Qualificat b�IS,aze: t omp,illy Summary for GriiduSurveying,l>rG,
a list;'of suiiilar ptojeefs and-ie�0rences; a listof egii jinatand staft'cou>n, and iesumes* key
„
individuals.
CORPORATE OFFICE: 14712 Franklin Ave. Ste. 8 ►Ttatin, CA. 91780► Ph: 714-508-1114F=: 714 - 508 -1115 ► gsitu o @guidasurveying,com
.SAN RAAfON OFFICE: 130 Ryan Industrial Ct. Ste. 1091, San Ramon, CA. 94583► Ph: 925- 838 -4568 Far: 925- 838 -4570 ► gsisanramon@guida urveying.eom
SAN DIEGO OFFICE: 600 So. Andreasen Dr.. Ste. E ► Escondido, CA, 92029► Ph: 760- 740 -0680 Far: 760 -740 - 0681 ► gsisandiego@guidwurveying.com
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SURVEYING
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A MULTI- DISCIPLINED SURVEYING COMPANY
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ENMESH
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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 lirnited 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, Inc." 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 Orr -Call basis to the
public and private sectors throughout 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, N, .P:L.S..has established one of most
efficient and top quality mapping departments iii 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 ekieusion 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 ,raining' and`; active participation :in. industry
organizations. All of G{�ula.5uiveying'TUc's field staff have completed or is completing the
Operating. Engineers.Apjenticeship program. In addition, ;Guida Surveying, Inc,'- maintains
biweekly training classes, bi weekly safety ineetirigs; and every other year provides CPR training
foF uil staff. The Tast.CPR framing was in the Spring of 1999„ Three of Guida Surveying Inc.'s
staff are forYrier Chapter; Presidents of the:0 tinge County Chapter of ClSA:. Paul Cuomo, P.L.S.
is a past president ",of the State Assodiafion. In' additipn,:,;Guida Surveying, Inc. ,has been a
member of .CELSOC for over four years,. currently Wm ;Alan Brooks,; P,L.S.,`one of Guida
Surveying's Project Mauagers.seryes on.l e Board of Dtrectbrs of the Orange County Chapter.
In closing, w.e 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 „,, mida Surveying; Inc.'s 12, years of experience. providing.On -Call Surveyand
Mapping"serviees will prove to bean asset for any project.
r, i
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OFFICE LOCATIONS
ORANGECOUNTY
CORPORATE OFFICE
Ralph W. Guida IV, P.L.S.
President
14712 Franklin Ave. Suite B
Tustin, CA. 92780
Phone: (714) 508=1114
^
Fax: (714) 508-1115
Mobile: (714) 981 -7151
rgjjidaiv @guidasurveying.com
www.guidasurveying.com
^
SAN FRANCISCO BAY A tEA
•
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E.A. "Woody" Oehlerf, P.L.S.
^
Northern California Operations Manager
^
^
130 Ryan Industrial Ct, Suite 109,
^
- San Ramon, CA: 94583 _
^
Phone: (4�5� 838 456$ ;'
Fax.,(925)838 4570
^
IvLobite (925) 267? 7756
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www�girld'�atzrbeYmg' '
S I2IEW'.COUNTY .•: ,.,
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San biego. Operations Mai*' er
So: Andreasen Dr.; Sitlte E
Es Aida CAC 92029
'Phone >(7 0)_740 0680
`
Fax (7611 }740-0681
Ivlotiile: (619) 843 - 9777.
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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 frvine 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
• 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: $2D million
` • San Joaquin Marsh Redevelopment - Provide surveying staking, arid' coordination with
client: `This. was an environmental sensitive project due to the yearly migration of birds
nestm&,,there. The protect consisted of revitalizing the area for other'aiiimals. Sensitive
plants had Jo be protected in. place and field modifications had to. be made to
accommodate the existing condition. Topographical surveys of removal area were
` provided and :,the ",' tity of removal :was calculated and used to -verify contractor
- Completion :Date: Fall 1997 ,
Approximate Constructhori Cost: $3:6 million.
Contact. Mr.:Billy Stewart, RE,. 949- 453 -5610
` On -Cil SurvQLi gg :& Mapping Services lo Port of Long. Beach —Guida Surveying
Provided On -Cali surveying : services ip. the Port' of Long Beach from 1993 through 1995.
ConipletmgseveraT miscellaneous assignments,
Contact: Mo Ivhll'er; P.L.S. 562- 590 -4169
1
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swoons
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Surveying Projects
0
On -Call Surveying and Mapping Services for David A. Boyle .Engineering - 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 (2000 home subdivision) - Provide Boundary Surveying, construction
staking of rough grade, and improvements. In the grading operation coordination,
calculation, and staking was provided slopes over 20(Yhigh'and undulating slope along with
buttress keys and back cuts. As -built topographies of - 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 line, 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
Dave Boyle, P.E. 714-957 -8144
1� Contact:
On -Call Surveying and MappinP Services to CDC Enzineerinefretia . Tech - Guida
Surveying has been. providing, On -Call services to ;CDC Engineering, Inc.,, which later became
Tetra Tech' Engineering, since 1988. Two of the larger projects Guida Surveying has:completed
on are:
• . Newport Coast DepeIopment - Newport Beach, CA = .Guida Surueyhrg has completed
surveying an d mapping on several subdivisions within this Irvine Company development.
Guida has worked'' mass grading Iilfrastnicture improvements and builder Iots
'Providing designsvrve j §,,sub division mapping and construction staking.
:' Completion Date: 2002
,' APProxirratA.Gonsiructiol4,Cost $1 billton - ...
. f Imperial Properties Brea, California Guida Surveying has provided initial boundary
surveys, design surveys, construction surveys, and as- built ALTA surveys., on the
redevelopment of the Unocal Chemical plant and sr6rrounding properties. A 'shopping
center and golf course Were'built.
Completion Date:. ; , S pring 1998
E
•
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■ENNEN
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OMENS
STAFF HEADCOUNT
Entire Guida Surveying Staff Count
Field Staff
• 3 Union Patty Chiefs, licensed as Ptofessional Land Surveyors
•. 14 Union Party Chiefs, non - licensed
• 9 Certified Chairmen
• 8 Survey Apprentices
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SURVEYING AND MAPPING
EQUIPMENT
0
SURVEY VEHICLES
• 16 vehicles, fully equipped with survey tools, including 2 way radios and Nextel digital
phones
TOTAL STATIONS
• 5 T.C.M. 1600 (Full Robotic) instruments
• 2 T -1600 instruments
\ • : 2 T -1000 instruments
• 3.TCRM 1105 (servo driven)'instrument
2 SET 4 instruments
• 2 SET 3 instruments
16 TOTAL STATIONS
G.P.S. EQUIPMENT
• 4 Leica 9500 /AT 302 receivers .
4 Leica SR399 receivers .
• 2 Leica 510 receivers.
10 TOTAL RECEIVERS
.
• 3 Pacific Crest RTK Radios
LEVELS
1 Digital level NA 2002 '
1 NA l level
3 NA2 level,' .
j
6 NA281eveis '
11,TQTAL�1EVELS
;COMPUTERS .;:
i
• 11 WorkStations,- all consistin g of I'estrum'400'7H4.computers or better,
PLOTTER
PRINTERS
`
• .HF D k7et 450_C
HP L"6ijJ ,,t 6E
I lI':Design7et St?0
2 HP DeskJ�'970C
1 D es. kjet 1 2200
SOMBRE
ENSUE
MOOR■
MOM■■
,
,•
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. His sele'ded 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 (fRWD) = Supervised in field
surveying. Provide and supervised construction calculation for grade
operation.
. -. ,Bonita Canyon Drive Pipeline Irvine (IRWD)- Supervised` in coordination
orve ' ` which included -GPS control, location of existing
yin
£ field su g .
ure repaceriet;MonumenE pre- calculaation for location of water,
selver,. and curbs.'
•
Wishbone tirhs Newport Beach (Crystal Cove) Party Chief of field crew; for
6'milEoh yard gradjng operation: Provided: field calculation for rough grade
of:slopestakes,
bar Uut or.keys Provrde to calculation for stakiitg'of 60" RCP
storm drain.. Provide field topography for trading quantities-and grading
verification.
• Santa Ana River Scours Study Party Chief of field for location of cross
section of.river. Provide fTeld.data'reduction to th 6 County Surveyors office .
for quantity calculation.
,'
Blossom •
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SIMMONS!
0
RALPH GUIDA IV, P.L.S.
(Continued)
•
•
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
...
PROFESSIONAL ORGANIZATIONS
President of Orange County CLSA Chapter 1999 -2000
Broad Member on California Foundation for Land Surveying Education
Treasure of:CLSA:Education-Foundat on 1999 =2000
Vice President of CLSA Education'Foundation 1997 -1999
i
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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, arid_ 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, parc el maps, record of survey
Maps, ALTA maps and condominium plans, boundary surveys, title reports and
legal descriptions. Mr. Oehlert's representative projects are:
• 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.conductmg GPS surveys for Iocation of
township corners in Safi 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 str'iveys over various lengths of U.S:
Highway 395 rang rigfiom Johannesburg California to ColevMe, California;
(CA/NV border), . an independent contractor for the California Department of
Transportation, District 9. The total length of the various segments surveyed is
approximAt I 15 miles in terrain; �raniing from high desert to mountains in
the Mammoth Mountain are a,of California:. .
• San Joaquin Hills .Transportation Corridor Pre - Engineering Design Surveys -
surveys, set aerial ground`s r of Surveys performing pre - engineering design
Ofange County , CA" Drrecto
ontroI and field surveyed check profile lines to
confirm aerial topographiemapping.,over approximately a;1.5 mile section of
the corridor.'
DART Light hail Transit Frel.im.inary Right -of -way Mapping; Dallas. &
GaAArid, TX: Project surveyor co- ordinatm'g'the compilation and mapping of
approximately five hundred properties along over eleven and one half nines of
railroad right -of -way from: Mockingbird Station to Garland' Station.
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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. An,1V x 17" exhibit was
prepared for each site.
•
Crosstown Freeway Project Surveying Santa Barbara, CA Survey project
\
coordinator. For. the relocation of undergrtiun utillties.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
Tollway between Wycliff Avenue and IH 635.
•-
Belt Line Road Right -of -Way Engineering, _Mesquite;•TX . Project Surveyor.
Assisted in the preparation of 1001 legal descriptions and,-:plats for slope,
drainage and temporary construction easements along more than 2 miles of
Belt Line Road.
CONTINUING EDUCATION
Project Management for Engineers, 1995
Texas Boundary Law,.1996
Boundaiy Law 1 sentialsj 1999
PROFESSIONAL REUISTRATION:"
Pik State of Califorrua No 4828
State of Texas No. 5216
,
PROFESSIONAL ORGANIZATIONS `
Texas Society of Trofess ional Surveyors
. National Society. of Profs s51ona1 Surveyors
Cahfbi- i a.Foundation for I and'Surveyuig Education .President, 1991
California Land. ;Surveyors Assocnat#oii - President, _ Orange County
�Chapter,1993
0
•
Emmons !
Monson
Emmons
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 constructmg,,and
unplementing.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.
• DUKE/FLUOR POWER PLANT`; Earth S,ains; Indonesia - Served as Assistant
CivYl„SUperintendent and Chief•Surveyor.,''In charge of all civil work such as
' rebar,.concrete pjacemeiit, pipio cemek electrical.placement; grading and
site surveys. Managed .9. two man survey crews' and was responsible for
J
tracking of fill iitaterial quantities,,cal & t laiions for construction placement of
concretC3,- piping an'd other infrastutture.
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EMISSION •
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WALTER E. CUDMORE, P.L.S.
(Page Two)
• CALTEX PETROLEUM INDONESIA Jakarta, Indonesia - Chief Operations
Engineer, in charge of a 75 man engineering, design & survey group; 35 man
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 3'50 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 transportation for outfitting:44.survey crews and
40 field survey computer data processors located in two governorates of Egypt. •
Responsible for development of a program.to survey more than one million
feddans of land for cadastral land and ownerstiip registration.
1
.< NORTHERN ALGERIAN IRRIGATION PROJECT SONATRAC.Algeria,
Africa — Protect Manager. responsible for planning logistics and scheduli , as
many.as 19 surQy,crews'.Project consisted of. Survey Control traverses and
cross sections foi'the design of, a, very. large irrigation - project m the.central.
mountairt'i�us area . around Satif, Algeria and north to 'the Mediterranean ;yea.
Mapping and profiles of4our riiajor earthen darn sites, highway realignments,
large pipelines, several hundred, kilometers of canal cross - sections.
• FLUOR.ALASKA ALASKAN PIPELTNE,,Fairbariks, Alaska— Chief Surveyor
in. charge of .layout of liuilding; and piping, and excavation for construction of
i�.s
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WALTER E. CUDMORE, P.L.S.
(Page Three)
Bosoms
Bosoms
,
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:
• 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 — Los Angeles County, California:
Project Surveyor for this recently completed project providing. base mapping
^
for the North End of the Alameda Corridor. This project included a survey of
approximately two miles of the Atchison, Topeka, and Santa_ Fe Railway
^
Company's right -of -way between Redondo; Junction. and Hobart Junction.
^
The alignment of the railroad and all street centerline intersections were field
^
surveyecl;by.CNC Engineering's survey crews prior to preparation. of the base
^
mapping:
^
• ROUTE 39 BEACH BOULEVARD WIDENING - Cities of Anaheim and
^
Bueiia 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 ahe
^
widening of said route. .
• CULVER DRIVE.. UNDERPASS — City ,of Irvine, California: Served as
Project °Surveyor providing design . surveys, , right -o ., ay engineering,
monitoring and calculations for construction staking: Project consisted'
^
construction of a grade separation lowering Culver Drive to pass under
^
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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 : stakuig •
coordination, and earthwork calculations.
MORENO
■■®No
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, San 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 CHECKING - Orange County E.M.A., California:
Served as Contract Map Checker mi the Orange County Surveyors Office for
- more than 18 months checking the county wide digital base map. Performed
extensive research referencing the GPS Control Survey Monuments and
updating respective:inonument 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..
,0
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Joseph Padilla, P.L.S.
(Continued)
• 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, C.A. Existing right -of -way maps and field
data were used to compile the data.
• DISNEY STUDIOS SUBSTRUCTURE BASE .MAP - 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,
_'California: Responsible for calculations of vertical and horizontal layout of
`.
high -rise building.
• METRORAIL - Orange County,' California:; Performed office and alignment
`
calculations for a design and alignment survey of said railway.
EDUCATION
California State-University - 1:ullerton, Civil Engineering
Rancho Santiago College; Surveying[ apping
PROFESSIONAL REGISTRATION.`
PLS - State of.California, No. 7557 .:
1
PROFESSIONAL ORGANIZATIONS
1
California Land 'Surveyors Association - Membership Chairman Orange
•
County Chapter.
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MEMO
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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 bounday 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 oEthe 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
o (NAD83).
• SURVEYOR -1958 TO.1980 - California Division of Highways
BOUNDARY CONSULTANTLINSTRUCTOR 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.
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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.)
PROFESSIONAL REGISTRATION
PLS - State of California, No. 4136
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.C.S.M.
Member - International Right of Way Association.
Expert Examiner -State Board of Registration for Professional Engineers and
Land Surveyors.
Life Meint er - California Land Surveyor's :Assod ation
^
EDUCATI ONAL AFFILIATIO NS:
^ Chairman Surveying and Mapping Advisory Committee- Rancho Santiago;
Community College
Member-"Surveying; and Mapping Advisory . Committee - Cal Poly :Pomona
Guest instructor - Cal Poly Pomona
Charter member - Co- Founder - California Foundation for Land Surveying
.Education:
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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.
1
Strathem V. Simon-Jerome Behrens, Attorney
^
Boukather V. Foreaker -Ron Columbe,. Attorney.
^
Lechuza Village West. V. California Coastal Commission - Reznik &
Reznik, Attorriey.
'^
Rich V. Angione -,City Attorney:-, Newport Beach
NeeIian V: C.B. Koll Management - Richard M.' Peterson, Attorney
Monson
Mosses
■MSMMM
Monson
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MMNSON
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. Rajph
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
` development of .Phases I, II and III. This included the initial boundaries and
topo's, the approximately 5 million yards of grading, the miles of sewer, storm
drain, water and curb & gutter.
• Sand Canyon Water Transmission Maori (IRWD) — Party Chief for the 10
miles of water pipeline.
r
The.-Highlands — 2000 homes in Anaheim Hills by Presley Homes. Supervised
the entire survey operation from the approxinately20 million yards of grading
to the final monumentation. This project started in the late 1970's and 'ended in
` the mid 1990's.
. , North Irvine Assessment District — Supplied field crews for the joint venture
project of buildirig the infrastructure in the North Eastern portion of the City of
Irvine:
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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, Aed 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
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TIM FETTIG, 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 one. 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, Califomia: Served as Party Chief on over 1
mile of concrete line channel, providing construction staking. for storm dredn
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.
• UNIVERSI.TY DRI.VE 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 crossing 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 -tot
within the Newport Coast development.
EDUCATION.
Rancho Santiago College, Surveying/Mapping
Ope.rating:Engineers Surveying Apprenhce'Program
PROFESSIONAL REGISTRATION .
PLS - State of California, No. 7542
0
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. NOON■■
ON ■■N
NONE
ROBERT N. 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 iof
^ 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 monumentation.
Sheraton ALTA - Anaheim, Ca.: Served 'as Project Surveyor on 12.2 Acre site adjacent to
^ lnterstate"5 near San Diego, Project includedd, coordinate with CALTRANS District 12 Right-
'of-way department with regards to future excess land aeyuisitions and street vacations.
EDUCATION
Rancho Santiago College,'Surveying/Mapping
Vocational High School
Three day - "Advanced CPS Adjustment Seminar' byLeica Instruments
PROFESSIONAL REGISTRATION
PLS - State of Nevada, No. 12748
1
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^
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RICTI 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'LR.W.D. PIPELINE -> Irvine, California: Served. as
^
P #rty Chief providing construction staking for over 1 mile of water pipeline:
^
ANTELOPE VALLEY WATER TREATMENT SYSTEM - Lancaster,
1
California- 'Served as Party Chief on as -built and design surveys.
EDUCATION
Oregon State University; Geology,
Rancho Santiago College; Surveying/Mappiig.
Operating Engineers Surveying Apprentice Program
PROFESSIONAL REGISTRATION
PLS - State of California, No. 7556
■sass
moms
GUIDA SURVEYING RATES
EXHIBIT B
CLIENT TYPE
RATE
PER
CREW DESCRIPTION
CLASS
RETAIL
$ 90.00
HOUR
DRAFT / CADD OPERATOR
OFFICE
RETAIL
$ 110.00
HckUR
PROJECT MANAGER/ L.S.
OFFICE
RETAIL
$ 140.00
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
$ 125x)0
DAY,
POST PROCESSING KINEMATIC 1 UNIT
_FIELD
RETAIL
$ 65.001
wHOURi
RESEARCH
OFFICE
15 %will be,added to all' reproduction, reSearch material and delivery services
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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 0,
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
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• 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
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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
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• 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 fumish 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
ME
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.
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• 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
is 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
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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
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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.
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• 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
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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),
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• 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
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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
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. 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
L 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.
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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
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• 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.
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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
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• (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
is
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
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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 tie
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
M
City Attorney
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
AM
CONSULTANT
Bush & Associates, Inc.
F: \USERS \PBNAShared\Agreements \FY 02 -03 \Bush & Associates On- Call.doc
51.1
Bush & Bssocises Inc. 0
November 18. 2002
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
Exhibit A
Land Surveyors
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 Send 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
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• City of Newport Beach
November 18, 2002
Page Two
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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.
� � A.6j�
David A. Bush, LS
President
Attachments: Project References
Resume'
Fee Schedule
•
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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 4I -38 Sewer and Wa:er
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.
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PROJECT REFERENCES
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• 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 Ioja
• 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
•
C`
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
E
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 2 "n 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.
•
Gush & Associat s Inc.
•
is
BUSH & ASSOCIATES INC.
2002 FEE SCHEDULE
1 -Party Survey Crew W /Equipment
2 -Party Survey Crew W /Equipment
3 -Party Survey Crew W /Equipment
Licensed Land Surveyor
Survey Technician
Draftsperson
Prints, Photocopies, Etc.....
• Exhibit B
Land Surveyors
$104.00/HR
$144.00/HR
$184.00/HR
$ 82.00/HR
$ 64.00/HR
$ 58.00/HR
Cost + 10%
18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1888