HomeMy WebLinkAboutC-3673(C) - PSA for Survey On-Call Surveying Servicesd� AMENDMENT NO. TWO.
�9 TO PROFESSIONAL SERVICES AGREEMENT WITH
tt� COAST SURVEYING, INC.
FOR ON-CALL SURVEYING SERVICES
THIS AMENDMENT �h O. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of- J , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and COAST SURVEYING,
INC., a California Corporation whose address is 15031 Parkway Loop, Suite B, Tustin,
California 92780-6527 ("CONSULTANT"), and is made with reference to the following-
RECITALS -
A. On August 15, 2005, CITY and CONSULTANT entered into An On -Call
Professional Services Agreement, hereinafter referred to as "AGREEMENT", for
surveying services for the City on an as need basis, hereinafter referred to as
"PROJECT".
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, dated May 8, 2007.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT and to extend the term of the
AGREEMENT to June 30, 2011.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Consultant shall be compensated for various services performed pursuant to
AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May
8, 2007, attached hereto respectively as Exhibit 1.
2. Consultant's compensation for services performed, including all reimbursable
items and subconsultant fees, as identified in the Letter Proposal, shall not
exceed $50,000 for each Project.
3. Compensation to the Consultant for services performed pursuant to this
AMENDMENT NO. TWO for all work performed from July 1, 2009 to June 30,
2011, including all reimbursable items and subconsultant fees, shall be based on
the Schedule of Billing Rates, attached hereto as Exhibit 2.
4. The term of the AGREEMENT shall be extended to June 30, 2011.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
By: ZX4, )� —
'Kiynet e D. Be uch mp
Assistant City At orney
for the City of Newport Beach
ATTEST:
By: A",
Leilan
Brown, oone
City Clerk
-�
CITY F NEWPO T EACH,
A Mu,ila'17
rpor ti n
By:
vA rd D. Selich
Mayor
for the City of Newport Beach
COAST SURVEYING, INC,
•-l _(�7a-stillo,
President
UAi
del stillo,
Treasurer
Attachments: Exhibit A - Amendment No. One for On -Call Traffic Engineering Services
Exhibit B - Schedule of Billing Rates
EXHIBIT 1
0
0
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 8th— _ day of _ 2007, by and between the CITY OF
NEWPORT BEACH, a municipal c oration, (hereinafter referred to as "City ") and
COAST SURVEYING, INC a California corporation whose address is 15031 Parkway
Loop. Suite B. lustin, CA 92780 -6527 ( "Consultant "), and is made with reference to
the following
RECITALS
A. On August 1510. 2005, CITY and CONSULTANT entered into a On -Call
Professional Services Agreement, hereinafter referred to as "Agreement',
for Surveying Services to assist the City in executing its Capital
Improvement Program. This Agreement is scheduled to expire on June
30th. 2007
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30 "', 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform various surveying services pursuant to this
Amendment No. 1 and according to the Request to Extend On -Call
Services Agreement dated April 25, 2007, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2009, including all reirnburseable items and subconsultant fees, shall be
based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
0
0
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: , ( q
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
y: -
Mayor
for the City of N rt Beach
Title: President
,,� /� I f
Print Name: PAL M OASV n
P T'� m7
•
Title: CFO
Print Name: * &AW[f.4
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
f \users\pbw\shared\agreemenls \fy 07 -08\on -tail services \Coast Amendmenl.doc
r
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE B. TUSTIN CA. 92780 -6527 X141918 -6266 FA�714) . 18 -6277
www coastson•ey corn
April 25, 2007
City of Newport Beach EXHIBIT A
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: Michael Sinacori, P E
Re: On -Call Surveyhxt Secti•n c ,
Dear Mr Sinn +con
INTRODUCTION
Coast Surveying, Inc welcomes the opportunity to submit our proposal to provide On -Call
Surveying Services to the City of Newport Beach.
Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in
August 1981 and remains so today with 100% of our business being surveying and mapping.
As a result of our emphasis on surveying and mapping, we are better equipped and better
trained than most firms offering those services. With our top of the line equipment, trained
personnel and principals and key employees having many years of both field and office
surveying experience, our firm is ideally suited to provide services on a wide variety of
projects.
Our business operational strategy of pubic agency focus has enabled us to work successfully
with numerous public agencies on various type projects throughout southern California. We
have developed an excellent working relationship with staff from the agencies that we work
with. Our philosophy is based upon client satisfaction with a public agency focus. Coast
Surveying, Inc. is also a Small, Disadvantaged Business Enterprise.
We believe this team to be exceptional in its experience and capability. We have all of the
necessary resources and expertise to complete this project, to City of Newport Beach
standards, on time and within budget.
COMPANY PROFILE
Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty -six
years of surveying, mapping and right of way engineering experience working on projects in
southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and
12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los
Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army
Corps of Engineers; U.S. Navy: FAA; Port of Long Beach; Port of Los Angeles: San Diego
Unified Port District: as well as numerous private engineering companies.
0
COAST SURVEYING, INC.
15031 PARKWAY LOOP. SUITE B. TUSTIN. CA 92780- 6527__ [7141918-6 26¢__ FAX (714)918.6277
www coastsurvey corn
About 95% of our work is for governmental agencies, including federal, state, local,
transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a
Certified DBE firm and is a financially stable firm with 18 employees currently
Recently, we have been providing various types of surveying services to the City of Newport
Beach, including design surveys, photo control, aerial mapping, construction staking.
centerline surveys, Corner Records, and Record of Survey
We currently have an on -call contract with the City of Garden Grove to perform survey
services, a contract with the Los Angeles County Metropolitan 1 ransportation Authority, a
contract with the County of Orange to provide map checking services, a contract with the
County of San Bernardino to provide survey services, and an on -call right of way mapping
contract with the County of Los Angeles, Department of Public: Works. We are currently
checking legal descriptions for the City of Tustin and have been performing design surveys
and map checking for the City of Seal Beach through W.G. Zimmerman Engineering.
As a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and /or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine,
Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and
San Clemente.
Also as a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and/or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos
Verdes, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale,
Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho
Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of
Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans
District 7 and Caltrans Headquarters Structures.
DESCRIPTION OF SERVICES PROVIDED
Design Surveys for Various Public Works Projects
Photo Control and Aerial Photogrammetric Mapping
Topographic Surveys and Boundary Surveys
Centerline Surveys and Centerline Ties
Corner Records and Records of Survey
Preparing /Reviewing Legal Descriptions and Sketches
Preparing /Reviewing Subdivision Maps — Tentative & Final
Construction Staking for Various Public Works Projects
2
0 0
COAST
SURVEYING,
INC.
15031 PARKWAY LOOP, SuITL U, IUSIIN
CA 92780-6527 (714)_918
-6266
_FAXf7141�J18 -6277
EXHIBIT B
CITY OF NEWPORT BEACH
ON -CALL SURVEYING SERVICES
SCHEDULE OF HOURLY RATES
JULY 1. 2007 to JUNE 30, 2009
Project Management $145.00
Project Surveyor 123.00
Survey Technician 97.00
Clerical and Delivery Service 56.00
2 Person Survey Party w /Equipment 220.00
3 Person Survey Party w /Equipment 2£56.00
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
Fax tt
•
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Reach
This checklist is comprised of requirements as outlined by Itie City of Newpl I a
Dale Received S toil)' Dept /Contact Received From Shauna riylci
Date Completed h 4 -0' Sent to Shaun Hy April Walker
Company/Person required to have cerhhcate c ,,, tiw., ,,;r 1m
GFNFRAI LIABII ITY
A
INSURANCE COMPANY 14Wc-d > „c: l rlrin; .\ w.,i.iN
B
AM BEST RATING (A VII or greater) At X%
C
ADMITTED Company (Must be California Admitted)
Is Company admitted in California?
{j Yeti U No
D
LIMITS (Must be $1 M or greater) W hat ,s hind provided
2 nuI agg_ 1 11111 oeL
F
PRODUCTS AND COMPLETED OPERATIONS (Must
include) Is it included?
N Yes ❑ No
F
ADDITIONAL INSURED WORDING TO INC[ UDE (The
City its officers, officials. employees and Volunteers) Is it
included?
Yes No
G
PRIMARY & NON - CONTRIBUTORY WORDING, (Musf fw
included) Is it included'?
N Yes (] No
H
CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording')
❑ Yes N No
I
NOTIFICATION OF CANCELLATION Although there is a provision that requires
notification of cancellation by certified mail. per Lauren Farley, the City will accept the
endeavor wording.
It. AUTOMOBILE LIABILITY
A
INSURANCE COMPANY United States Fidelity Guaranty
B.
AM BEST RATING (A: VII or greater) Ai XV
C
ADMITTED COMPANY (Must be California Admitted)
Is Company admitted in California?
N Yes El No
D
LIMITS (Must be $1M min BI & PD and $500.000 UM).
What is limits provided?
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers) Is it included?
® Yes ❑ No
F
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? NIA
❑ Yes ❑ No
G
NOTIFICATION OF CANCELLATION Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wordino.
L
III WORKERS' COMPENSATION
A INSURANCE COMPANY I ravcicrs Casually& Surety Co
6 AM BEST RATING (A VII or greater) _A+ XV
C LIMITS Statutory
D WAIVER OF SUBROGAI ION (To include) Is it included') ® Yes j No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
M Yes I I No
rn •
�C
S
vo
Im
0 0
COAST SURV .YING, INC.
15031 PARKWAY LOOP. SUITE B. TUSTIN, CA 927RO -G�;2' ;714)918-6266 FAX (714)918-6277
CITY OF NEWPORT BEACH
SCHEDULE OF HOURLY RATES FOR SERVICES
PERFORMED BY OUR COMPANY - 2009 through 2011
Project Management $156.00
Project Surveyor 133.00
Survey Technician 104.00
Clerical and Delivery Service 60.00
2 Person Survey Party w /Equipment 241.00
3 Person Survey Party w /Equipment 312.00
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
Fax #. 0 •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received:
6 3 2009 Dept. /Contact Received From: Shauna Oyler
Date Completed:
6 5r20(Nl Sent to: Shaun Oyler By: Jcnnifer King
Company /Person required to have certificate: Coast Surveying, Inc._
1. GENERAL LIABILITY
A
INSURANCE COMPANY: I'ravcicrs Property Casualty Co of America
B.
AM BEST RATING (A: VII or greater): A +: XV
C
ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes
❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided? $IMM /$2MM/$2MM
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? ® Yes
❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers. officials, employees and volunteers): Is it
included? ❑ Yes
® No
G
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included) Is it included? ® Yes
❑ No
H.
CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include -solely by negligence" wording? ❑ Yes
® No
I
NOTIFICATION OF CANCELLATION. Although there is a provision that requires
notification of cancellation by certified mail, per Lauren Farley, the City will accept the
endeavor wording
11 AUTOMOBILE
LIABILITY
A
INSURANCE COMPANY Stutc l ann Ntutual Automobile_ _
B
AM BEST RATING (A VII or greater) A'# X%'
C
ADMITTED COMPANY (Must be California Admitted).
Is Company admitted in California? ® Yes
❑ No
D.
LIMITS (Must be $1M min. BI 8 PD and $500,000 UM):
What is limits provided? $1,000,000
E
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officals, employees and volunteers) Is it included? ® Yes
❑ No
F
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only).
Is it included? N/A ❑ Yes
❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail, per Lauren Farley, the City will accept the
endeavor wording.
0
111. WORKERS' COMPENSATION
A. INSURANCE COMPANY: travelers Indemnitv Co. of CT
B. AM BEST RATING (A: VII or greater): A +:XV
C. LIMITS: Statutory
D WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No
GL: Additional Insured wording is missing "volunteers"
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
11,tiY 2 ti 2J�9
Agenda Item No. 7
May 26, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Dave Webb, Deputy Public Works Director
949 -644 -3328 or dawebb @city.riewvport- beach.ca.us
SUBJECT: SURVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING,
INC. AND PROFESSIONAL SERVICE AGREEMENT WITH
GEOMATICS TRANSPORTATION SERVICES, INC.
RECOMMENDATIONS:
Approve Amendment No. 2 to Professional Services Agreement with Coast
Surveying, Inc., for on -call surveying and mapping services and authorize the Mayor
and City Clerk to execute Amendment No. 2.
2. Approve Professional Services Agreement with Geomatics Transportation, Inc., for
on -call surveying and mapping services and authorize the Mayor and City Clerk to
execute the Professional Services Agreement.
DISCUSSION:
On August 15, 2007, the City Council approved a Professional Services Agreements
with Coast Surveying, Inc. to provide as needed on -call professional surveying and
mapping services that may be required for any Capital Improvement Program (CIP)
projects. On May 8, 2008, the City Council approved Amendment No. 1 to the
Professional Services Agreement with Coast Surveying, Inc. and the term was extended
to June 30, 2009.
On -call agreements allow staff to retain specialized services that are regularly required
for various projects, at fees that are set for a two year period of time. On -call
agreements were developed to avoid the need to enter into a great number of small but
time - consuming Professional Services Agreements (PSA) between the City and the
consultants to accomplish these ongoing project tasks. Staff recommends extending
the term of each PSAs by two years (June 2011) and updating the hourly rates as
shown on the attached PSA exhibits. The Fee Schedules are also updated.
0 •
Survey OrvCall Services - Approval Pfofessio Services Agreements
May 26. 2009
Page 2
Coast Surveying, Inc. has provided exceptionally high quality service for the City on
numerous projects over the years. These services include design surveys, photo
control, aerial mapping, construction staking, centerilne surveys, Comer Records and
Record of Survey. Some of the projects that Coast Surveying, Inc. worked on include
the Avon/Tustin/Oceanview Rehabilitation, Corona del Mar Streets, Dover Avenue &
Westcliff Rehabilitation and Marina Park Parcel Map.
Geomatics Transportation Services, Inc. is a mid -sized surveying and mapping firm with
strong qualifications. Founded in 2000 by former employees of the Orange County
Surveyor's Office, the firm provides aerial mapping services, control networks, boundary
and right of way, topographic and utility surveys and construction staking.
Rates included in the agreements are competitive and in line with industry standards.
The new fees for various services are either unchanged, or are approximately 7 -10%
higher than 2007. Please refer to the attached table for rate comparisons.
The above recommended firms provide unique specialized services that can or continue
to be tailored to the Citys individual projects.
Funding Availability:
Funds for these services are available in specific project accounts within the City
Council approved Capital Improvement Program.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Deputy Public Works Director
Submitted by:
Director
Attachment: Amendment No. 1 to Agreement with Coast Surveying, Inc.
Professional Services Agreement with Geomatics Transportations, Inc.
Rate Comparisons Table
0
COAST SURVEYING. INC
Position
2007 Hourly Rates
2009 Hourly Rates
Hourly Rate
Increase
Project Management
$145
$156
$11 _
Project Surveyor
$123
$133
$10
Survey Technician
$97
$104 _
$7
$4
—
Clerical and Delivery Service
$56
$60
2 Person Survey Parry w/ Equipment
$220
$241
$21
3 Person Survey Part y w/ Equipment
GPS Receivers (minimum of three)
$286
$312
$26� _
$0
I $100 /day /receiver
$100 /day /receiver
Amount Expended 6/2007 - 6/2009
A Street at Balboa Blvd.
$
909.00
Avon & Santa Ana Slope
$
3,567.00
Avon/Tustin /Oceanview Rehab
$
13,578.00
Coast Highway /Seaward to Morning Canyon
$
9,539.50
Corona del Mar Streets
$
24,032.30
Dover Ave & Westcliff Rehab
$
28,226.00
Gateway Signs Survey & Easement Services
$
2,411.75
Marina Park Electrical line
$
609.00
Marina Park Parcel Map
$
29,628.00
River Ave. Survey
$
6,369.00
Westcliff -Sidewalk curb& Gutter
$
7.640.00
Total
$
126,509.55
0
GEOMATICS TRANSPORTATION
SERVICES, INC.
0
Position
2007 Hourly
Rates
2009 Hourly Rates
Hourly Rate
Increase
Project Surveyor
N/A
$135
N/A
_ _
Senior Surveyor _
_
N/A
N/A
$125
N/A _
N/A
Surveyor
$120
_
Assistant Sury eyor
_
N/A
$112
N/A
Senior Survey Technician
N/A
$105
N/A
CADDSpecialist
N/A
$102
N/A
CADD /Survey Technician
N/A
$90
N/A
N/A
Survey Aid II
N/A
$75
Clerical
N/A
$44
N/A
2 -Man Crew _ _
N/A
N/A
$218
N/A
_
3 -Man Crew _
$287
N/A
_
Travel Time I
N/A
$170
N/A
On -Call Survey Agreements with Advanced Survey Concepts, Inc. and Bush & Associates, Inc. will
expire In June 30, 2009. These Agreements will not be renewed.
0
0
AMENDMENT NO. TWO
TO PROFESSIONAL SERVICES AGREEMENT WITH
COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this ___ day of _ , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and COAST SURVEYING,
INC., a California Corporation whose address is 15031 Parkway Loop, Suite B, Tustin,
California 92780 -6527 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On August 15, 2005, CITY and CONSULTANT entered into An On -Call
Professional Services Agreement, hereinafter referred to as "AGREEMENT, for
surveying services for the City on an as need basis, hereinafter referred to as
`PROJECT.
B. CiTY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, dated May 8, 2007.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT and to extend the term of the
AGREEMENT to June, 30, 2011.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Consultant shall be compensated for various services performed pursuant to
AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May
8, 2007, attached hereto respectively as Exhibit 1.
2. Consultant's compensation for services performed, including all reimbursable
items and subconsultant fees, as identified in the Letter Proposal, shall not
exceed $50,000 for each Project.
3. Compensation to the Consultant for services performed pursuant to this
AMENDMENT NO. TWO for all work performed from July 1, 2009 to June 30,
2011, including all reimbursable items and subconsultant fees, shall be based on
the Schedule of Billing Rates, attached hereto as Exhibit 2.
4. The term of the AGREEMENT shall be extended to June 30, 2011.
0 •
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
BY j"y.net.e D. e o m istnt CiBty At rnep y
for the City of Newport Beach
ATTEST:
By _— _
t.edani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:__.___ --
Edward D. Selich
Mayor
for the City of Newport Beach
COAST SURVEYING, INC.
By:
Rucl del Castillo,
Presidenl
By:
Ruel del Castillo,
Treasurer
Attachments: Exhibit A – Amendment No. One for On -Call Traffic Engineering Services
Exhibit B - Schedule of Billing Rates
E
AMENDMENT NO.1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMENDj41ENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this g`(�••_ day of cc� , 2007, by and between the CITY OF
RT BE
NEWPOACH, a municipal c oration, (hereinafter referred to as "City") and
COAST SURVEYING, INC. a California corporation whose address is 15031 Parkway
Loop, Suite B, Tustin, CA 92780 -6527 ( "Consultant "), and is made with reference to
the following:
A. On August 15m, 2005, CITY and CONSULTANT entered into a On -Calf
Professional Services Agreement, hereinafter referred to as "Agreement",
for Surveying Services to assist the City in executing its Capital
Improvement Program. This Agreement is scheduled to expire on June
30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30 ", 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall perform various surveying services pursuant to this
Amendment No. f and according to the Request to Extend On -Call
Services Agreement dated April 25, 2007, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2009, including all reimburseable items and subconsultant fees, shall be
based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
10
0
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: 60-.—
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By.6 '
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
CV'
Mayor
for the City of N ri Beach
Who
Title: Presidennt.�l /
Print Name: f ty
Leffiffiml
Tld.: CFO
Print Name: *&&j
f
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
U%Lmm"wWiaredlacWe ntsVy 07-Mon-rail sery mo Gaast Pmerdment.doc
0 0
COAST SURVEYING, INC.
:L!jg PARKWAY LOQP,SUITE Q. TUSTIN, CA 927 0 -6 7.,L7�j 91¢ 266 fn�71419186277
www. coasrsurve y corn
April 25, 2007
City of Newport Beach EXHIBIT A
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: Michael Sinacori, P-E.
Re: On -Call Surveying Services
Dear Mr. Sinacori:
INTRODUCTION
Coast Surveying, Inc. welcomes the opportunity to submit our proposal to provide On -Call
Surveying Services to the City of Newport Beach.
Coast Surveying, Inc. has been exciusively a surveying and mapping firm since its inception in
August 1981 and remains so today with 100% of our business being surveying and mapping.
As a result of our emphasis on surveying and mapping, we are better equipped and better
trained than most firms offering those services. With our lop of the line equipment, trained
personnel and principals and key employees having many years of both field and office
surveying experience, our firm is ideally suited to provide services on a wide variety of
projects.
Our business operational strategy of pubic agency focus has enabled us to work successfully
with numerous public agencies on various type projects throughout southern California. We
have developed an excellent working relationship with staff from the agencies that we work
with. Our philosophy is based upon client satisfaction with a public agency focus. Coast
Surveying, Inc. Is also a Small, Disadvantaged Business Enterprise.
We believe this team to be exceptional in its experience and capability. We have all of the
necessary resources and expertise to complete this project, to City of Newport Beach
standards, on time and within budget.
COMPANY PROFILE
Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty -six
years of surveying, mapping and right of way engineering experience working on projects in
southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and
12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los
Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army
Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Part of Los Angeles; San Diego
Unified Port District; as well as numerous private engineering companies.
0 0
COAST SURVEYING, INC.
15031 PARKWAY LOOP,._ IIE B TUSTIN. CA 92780.6527 17141 918 -6266 I'AX (714) $18.6277
www.coastsurvey.com
About 95% of our work is for governmental agencies, including: federal, state, local,
transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a
Certified DBE firm and is a financially stable firm with 18 employees currently.
Recently, we have been providing various types of surveying services to the City of Newport
Beach, including design surveys, photo control, aerial mapping, construction staking,
centerline surveys, Corner Records, and Record of Survey.
We currently have an on -call contract with the City of Garden Grove to perform survey
services, a contract with the Los Angeles County Metropolitan Transportation Authority, a
contract with the County of Orange to provide map checking services, a contract with the
County of San Bernardino to provide survey services, and an on -call right of way mapping
contract with the County of Los Angeles, Department of Public Works. We are currently
Cher-king legal descriptions for the City of Tustin and have been performing design surveys
and map checking for the City of Seal Beach through W.G. Zimmerman Engineering.
As a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and /or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine,
Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and
San Clemente.
Also as a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and /or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos
Verdes, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale,
Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho
Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of
Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans
District 7 and Caltrans Headquarters Structures.
DESCRIPTION OF SERVICES PROVIDED
Design Surveys for Various Public Works Projects
Photo Control and Aerial Photogrammetric Mapping
Topographic Surveys and Boundary Surveys
Centerfine Surveys and Centerline Ties
Comer Records and Records of Survey
Preparing /Reviewing Legal Descriptions and Sketches
Preparing /Reviewing Subdivision Maps — Tentative & Final
Construction Staking for Various Public Works Projects
COAST SURVEYING, INC.
LfigjPARKWAY LQQP. SUITE B. TUSTIN, CA 92780 -6527 . 714 918 -6266 FAX (7141918.6277
EXHIBIT B
CITY OF NEWPORT BEACH
ON -CALL SURVEYING SERVICES
SCHEDULE OF HOURLY RAl ES
JULY 1, 2007 to JUNE 30, 2009
Project Management $145.00
Project Surveyor 123.00
Survey Technician 97.00
Clerical and Delivery Service 56.00
2 Person Survoy Party wlEquipment 220.00
3 Person Survey Party wlEquipment 286.00 -
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
Fax N.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newporl Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 5.30 -07 Dept /Contact Received From Shauua Oyler
Date Completed _ 6-407 Sent to: _ Shauua By: _ April Walker
Company/Person required to have certificate. _ _ Coast Survevunp, Irk _
GENERAL LIABILITY
A. INSURANCE COMPANY: Uwtcd States Ft_delity &1:".,m
B AM BEST RATING (A: VII or greater): A- XV
C. ADMITTED Company (Must be California Admitted).
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1M or greater). What is limit provided?
2 runt agg/I mil occ
E PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
M Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include 'solely by negligence" wording?
❑ Yes No
L NOTIFICATION OF CANCELLATION: Although there is a provision
that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
It. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: United States Fidelity & Guaranty
B. AM BEST RATING (A: VII or greater): A+ XV ^ .
C. ADMITTED COMPANY (Must be California Admilled):
Is Company admitted in California? ® Yes ❑ No
O. LIMITS (Must be $1M min. 81 & PD and $500,000 UM):
What is limits provided? 2 roil
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ® Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is 4 included? N/A ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mall; per Lauren Farley, the City will accept the
endeavor wading.
�.J
Ill. WORKERS' COMPENSATION
A. INSURANCE COMPANY Travelers Casualty & Su_rety Co_
B. AM BEST RATING (A. VII or greater) _AI -V
C. LIMITS' Statutory
D. WAIVER OF SUBROGATION (To include) Is it included?
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® Yes ❑ No
® Yes ❑ No
0 0
COAST SURVEYING, INC.
!N31 PARKWAY LOOP .,S,_U1TE6. TU37IN.CA 92780 -6527 (714 gi8-8268 EMJL1g211M77
CITY OF NEWPORT BEACH
SCHEDULE OF HOURLY RATES FOR SERVICES
PERFORMED BY OUR COMPANY - 2009 through 2011
Project Management $156.00
Project Surveyor 133.00
Survey Technician 104.00
Clerical and Delivery Service 60.00
2 Person Survey Party w /Equipment 241.00
3 Person Survey Party w /Equipment 312.00
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
PROFESSIONAL SERVICES AGREEMENT WITH
GEOMATICS TRANSPORTATION SERVICES, INC. FOR
ON -CALL SURVEY SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City"). and GEOMATICS TRANSPORTATION SERVICES, INC., a
California corporation whose address is 1655 E. 60 Street, Suite A -4A, Corona,
California 92879 ( "Consultant"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for surveying services
C. City desires to engage Consultant to perform on -call survey services throughout
the City on an as need basis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Xico
Salazar, PLS.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
TERM
The tens of this Agreement shall commence on the above written date, and shall
terminate on the June 30, 2011, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Calf' survey services as described in the Statement
of Qualifications attached as Exhibit "A." Upon verbal or written request from the
Project Administrator, Consultant shall provide a letter proposal for services
0 0
requested by the City (hereinafter referred to as the "Letter Proposal "). The
Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed. Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "W and incorporated herein by
reference.
0 0
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff_
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
ri
7
�J
times during the Agreement term. Consultant
be its Project Manager. Consultant shall not
Manager or any personnel listed in Exhibit A or
personnel to the Project without the prior written
shall not be unreasonably withheld with respect
non -key personnel.
as designated Xico Salazar to
emove or reassign the Project
assign any new or replacement
consent of City. City's approval
lo the removal or assignment of
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dave
Webb shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
0 0
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnity, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the 'Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims *), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
9
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable insurers. All insurance policies shall be issued by an
insurance company currently authorized by the insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Covere. Consultant shall maintain
Workers' Compensation Insurance and Employers Liability
Insurance for his or her employees in accordance with the laws of
the State of California. in addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non-owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
0 0
4. Professional Errors and Omisssns Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company_
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
0 0
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter 'Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
0 0
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
16. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration. or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for,damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under, this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
21. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
With respect to such payment. Such withholding shall not be deemed to
0 0
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
0 0
Dave Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949- 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Xico Salazar
Geomatics Transportation Services, Inc.
1655 E. 6'" Street, Suite A -4A
Corona, CA 92879
Phone: 951- 279 -1918
Fax: 951 - 279 -1881
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
0 0
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
0 0
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
yn e�uc mp,
As City rney
for the City of Newport Beach
ATTEST:
M
Leiiani Brown,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward D. Selich,
Mayor
for the City of Newport Beach
CONSULTANT:
Richard P. Ray,
President
By:
Richard P. Ray,
Treasurer
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
E
0
TF
:>
.,;:. Geomatics Transportation Services, Inc.
Who is GI'S:
Geomatics transportation Services, inc. ((;TS) is a full service, minority owned, Surveying & Mapping firm
founded in '0001 The founding principals are firmer employees of the Orange County Survyor's office, one
Of which was a Deputy County Surveyor Our firm specializes in providing our services to the public sector
such as cities, counties. water and flood control districts, transportafion aurlorilies. Caltrans, and schoul dis.
tricts. We provide aerial napping services, control networks, boundary and right of way, topographic and util-
try surves s, and construction stakmc GTS is a Cenified DBE with the California Unified Certification Pro-
gram WILAITl and an SRh: with :he Calif -,;nia Department of General Services
K
.l• i
Qulli ficalions:
GTS is a mid sized Survrymg firm with 5troog qualifications to tad to your team including:
• Expertise- GTS wevializei in providing our semces to the public sector, often On -Cull contracts, that include bound -
aryinght -of -wav rnpineering as well as map checking.
• 40% of our staff is comprncd of under rcprescntcd groups
• 250rbof our stall'anc Licensed Land Surv"cis
• Snrvev Managm who has F.een managing, larvc public Sector projects UVOuetwul California for more than 2G yeas
• l,kensed Slag Four (.'alifomia ficenses and tau Nevada- licenses
• Cadastral Surveys fa rights of way for midways highways, railways, hood control charmefs, Iransmission Imcs which
include township and sections relracrmnus
• Light Rail - BAR1 .. MTA, v'ra
• Airptxts - Oakfand, LA World Airports, San ficrnardino. Mcfaellan
• School Districts - Providing services to 5 districts
W by choox GTS for your Land Surveying heeds:
Over the past nine tears GTS has been building 4 first rate agency and iransp)rtation
support group to provide quality surveying services to state and local agencies, and
school districts. Our business plan is 90% public sector survey support. GTS brings
our experience wurking for many agencies in Southern California such as , the Port of
Long Rcach, AC-f A, MTA, Coal agencies such as the County of Riverside, Cities of
Palmdale, Coadtella, aid the San Bernardino Airport. In addition we have been under
contract with 5 school districts. Many of these contracts have been on an on -call ba-
sis. Please call us so we can assist you with your Surveylag needs.
Corona (951) 279. 1918
0
0
W I
Geomatics Transportation Services, Inc.
Richard P. Ray, PLS Principal
Registration 1990 /Land Surveyor! California No. 6390, Expiration 12/31/10
Experience
Education
Societies
Exaerienc¢
Mr. Ray has 32 years experience in the surveying profession in California, including 20 in
the private sector (8 years with GTS), as well as 12 in the public sector. Rich moved back
to Southem California in 2007 and is the managing principal for the Corona office. He
understands the requirements and procedures of managing the mapping and tight -of -way
engineering aspects of a PSR and PS&E contract as it relates to Caltrans Standards. Rich
has been the project surveyor or task order manager on 28 PSR and PS &E contracts for
GTS over the past 8 years. His transportation experience began in the late 1980's and was
enhanced as Deputy County Surveyor at the County of Orange. Since leaving the County.
during the bankruptcy 13 years ago, Ire has focused on transportation surveying for URS
Greiner and Ci FS. Rich has been managing our local Surveying and Mapping contracts
with MWD, the Port of bong Beach, SANDBAG, Huntington Beach Union High School
District, and the San Bernardino Airport Improvement Program. In addition, he is the
principal -in- charge for a number of projects we are working on in the Bay Area including
the City of San Leandro, and the Contra Costa County Surveyor contract. Mr. Ray is a past
member of the Board of Registration L S.TAC, past CLSA Liaison to the Board of
Registration, as well as a former California Govemor to the National Society of
Professional Surveyors.
AA Degred Civil Engineering Technology/ 1976/ Fullerton College
NSPS, IRWA, CLSA, APWA, COMTO
Palmdale Airport Boundary Record ojSurvey and Parcel Map of 1,700 Acre Facility, LAWA, CA
Surveyor responsible for quality control for this 65 sheet Parcel Map for this 1,700 acre LA W A facility
for the Palmdale Airport site. This project included hundreds of easements and the consolidation of the
number of parcels the airport had acquired over the past 35 years. GTS also assisted Hall and Foreman
with the 52 sheet Record of Survey by reviewing calculating the locations of the easements from the
title report exceptions.
Division 11 Rail Yard Expansion Construction, Blue Line, Stacy& Witbeck Inc., Long Beach, CA
Survey Manager for this design build contiact. MTA is expanded this IS year old facility, adding a
couple of spur rails, realigning existing spurs to make way for the new spurs, adding utilities and
rerouting others as well as expanding one of the service buildings. Rich will oversee the utility location
phase, and the construction staking.
Surveying, Mapping, and Boundary, LPA Architects, Arcadia Unified School District, Arcadia, CA
Project Surveyor for this five campus project. Aerial mapping control by GPS methods, aerial mapping
at a scale of 1'" 40', conventional ground surveys and cross sections, finish floor elevations at each
class room door, building corners, hardscape, utility surveys, athletic fields grid elevations, etc.
Cro�i arks "t'nncnortaiion Services Inc RkhardP Rtiv PUS
0 .
WGeomatics Transportation Services, Inc.
Richard P. Ray, PLS Principal
MWD Cross Connection Topographic Surveys, Orange and San Diego Counties, CA
Survey Manager for post- processing of the field crew electronic data collection in MicroStation and
InRoads format. Over 120 sites were delivered delivered to MWD on -time and on- budget
San Bernardino International Airport IVDA - Del Rosa Drive, flarry Sheppard Boulevard Leland
Norlon Way and Rialto Avenue Street Improvements
This ongoing project is winding down however the scope included aerial mapping, control for
construction phase, boundary and right of way determination, design surveys to be used as the basis of
Civil Engineering and Architectural design, as well as detail design and utility surveys of the existing
parking lots. Currently in the construction management phase of this large project and Rich is the Sturvey
Manager for this phase of the project. Responsibilities include scheduling multiple crews, performing
office calculations for construction layout, checking Geldnoies and distributing them to the resident
engineer, etc.
Pier B Rail Facility Infrastructure Program, PS &E, HDR, Port of Long Beach, CA
Principal -in Charge as well as QC functions of the surveying tasks for this engineering design project for the
Port of Long Beach which includes the 9" Street grade separation, North Flarbor access, diesel locomotive
fueling facility, and a rail operations plan. This project is underway and GTS is responding to the second task
order.
BART Measure AA Earthquake Safety Program, On -Call, PS &E, Reiro Fit, Oakland, California
Survey Manager for the first contract awarded under the Measure AA Earthquake Sa ro
GTS performed all the control, aerial control, and detail design and utility surveys at all BART
crossings within the City of Oakland. The project limits consist of two separate segments of the BART
line running through the City of Oakland, including the vibro- compaction study along the BART tube.
The first segment is elevated along the entire length from the portal to Martin Luther King Blvd,
approximately 2.7 miles. The second segment was mapping t9 crossings from 27th Street to the
Berkeley Tunnel. The topographic mapping was delivered on schedule
LACMTA Surveying and Mapping Services far Contrart PS -4310- 1168 -1, On -Call, LA County, CA
Survey Manager of this fixed price task order driven 'Bench Contract." GTS assignment is to provide
mapping, control, right -of -way engineering, boundary, QA/QC surveys, construction control and
staking, as well as provide field and office personnel on an as needed basis.
Highway 71 Near Prado Dam, Santa Ana River Project, Orange County Surveyors Office, California
This project was collaboration between the Orange Survey Surveyors Office (OCS) and Caltrans District
8. It was unique in the respect that because Caltrans did riot have the staff to take on this project, and they
were not allowed to contact out to the private sector, we struck a deal to do the ROWE and later the
construction staking. Rich was instrumental in negotiating the MOU between the agencies and managed
the county ROWE• efforts, to Caltrans Standards, for this 3 -mile portion of highway.
Ceornalks Traasrwrtation Servires Inc Richard P Ryv PLS
qPGeomatics Transportation Services, Inc.
Xico Salazar, PLS Survey Manager
Registration 1984 California Professional Land Surveyor No. 5507 Expires 9 /30 /10
F-xperience Mr. Salazar, Regional Manager, has 32 years of surveying and mapping experience
working in Southern Califonnia including highway, railroad and LRT, design surveys,
Photogramuietry, construction, right -of -way engineering, hydrographic, boundary,
subsidence, telecommunications, and underground (mines and tunnels) surveying. He
also has experience in large area mapping, subdivisions, ALTA, control, and topographic
mapping. Having been a principal of a firm and Licensed land Surveyor, with 22 years
of responsible charge experience, Mr. Salazar has worked on, or supervised, every aspect
of projects from the beginning estimating through the final delivery to the client,
including procuring projects, coordination, budgeting, client interaction and QA/QC.
Xico and Rich Ray, GTS Vice President, have been working together off- and -on since
they were field surveyor's for the Port of Long Beach in 1981
Societies CLSA, IRWA
Education Escnelas Intemacionales de la America Latina, Mexico City. Diploma land Surveying
and Mapping 1971,
Defense Mappmg Agency, Inter - American Geodetic Cartographic School, Canal Zone,
Panama
Dip loma /Photogrammetry /1974
Proiec[ Experience (a$ Survey Afanaeer)
Transportation Corridor Agencies - Toll Road 241 widening, Oso Pkwy to Bake Dr. tl0 miles
Sub Consultant to HDR, Inc. This project included control, aerial mapping for entire project,
design surveys for every on -ramp & off -ramp, detailed surveys for every bridge structure within
the project.
City of Riverside, California - Chicago AvenuelCalumbia Avenuellowa Avenue Street
Improvements
Sub Consultant to DMIM Ilan is - Project included Design Surveys and Aerial Mapping for t3.0
miles of streets and railroads, right -of -way and boundary determination along project and
preparation of legal descriptions for R/W takes and TCE's.
City of Tustin, California - San Juan Street, Orange Street and Walnut Street Improvements
Design surveying and mapping to be used as the basis for the preparation of Street Improvement
Plans, Construction Staking.
City of Norwalk, California- Proposed Metro Rail Traia Station and Railroad Upgrades
This project included aerial mapping, extensive as -built surveys for existing streets and railroad
tracks, boundary and right -of -way determination, design surveys for proposed train station area
and the filing of a Record of Survey.
Geoinatics Tranaperwh n &e ins Inc. Xico Salazar. PIS
0 0
Geomatics Transportation Services, Inc.
Xico Salazar, PLS Survey Manseer
ALFA Alameda Corridor Transportation Authority -Pacific Coast highway Grade Separation
Sub Consultant to HDR, Inc. Project included detailed measuring and depiction of substructures,
extensive design surveys and pot hole surveys over a 70* acre area, to be used as the basis for the
design of a 0.5 mile bridge overpass.
Pier R Rail Facility Infrastructure Program, PSAF., IIDR, Port of Long Beach, CA
Survey Manager of the surveying tasks for this engineering design project for the Port of Long
Beach which includes the 9 "' Street grade separation, North Harbor access, diesel locomotive
fueling facility, and a rail operations plan. This project is underway and G tS is responding to the
third task order.
City of Palmdale California- Avenue "P "/Rancho Vista Grade Separation
Sub Consultant to LAN Engineering. Project included Ortho Photography, Aerial mapping and
design surveys For fG 6 mile long corridor and intersecting streets, monument recovery, street
alignments, right -of -way determination and preparation of plats and legal descriptions for R/W
takes. Design Surveys are in progress
Caltrans District 12 - Interstate 5 @, Loara.Street Southbound Off -Ramp. tl72 Acres
Sub Consultant to Parsons Transportation Group. This project included control, aerial mapping,
boundary and right of way determination, legal descriptions for pareel takes, design surveys along
existing freeway and proposed off -ramp area including drainage and bridge structures.
City of Moreno Valley, California - Pigeon Pass Road Widening
Sub Consultant to IIDR, Inc Project included Control, Aerial Mapping for a t2.6 mile long
corridor, Design Surveys for corridor and intersecting streets, tight- of- way/bourtdary
determination for entire project and preparation of legal descriptions for R/W takes, Construction,
Drainage, Slope, Access and Ponding Easements.
City of Irvine, California- Widening of the Laguna Canyon Road Bridge over the 405
Freeway
Sub Consultant to LAN Engineering. Project included aerial mapping for a ±146 acre area, design
surveys along Laguna Canyon Road between Quail Hill Parkway and Alton parkway, as -built
surveys of existing bridge and freeway roadwav, utilizing reflectorless measuring technology,
preparation of legal descriptions and plats for slope easements, stake out proposed slopes and pot
hole survey.
Inland Valley Development Agency San Bernardino Airport - Del Rasa Drive., Harry.Sheppard
Boulevard, Leland Norton N-ay and Rialto Avenue Street Improvements
Sub Consultant to Cordoba Corporation - This ongoing project includes aerial mapping, design
surveys, control for construction phase, boundary and right of way determination, and as -built
existing parking lots. This project is now in the construction phase with GTS providing the
construction staking for the roadway improvements. Xico is overseeing this work
Geomancs Transoortatio Services. lac Xico SsIgzar. PIS
m
Oo
•
•
0
Geomatics Transportation Services, Inc.
BASIS OF COMPENSATION
Pro
fessio I Services Hourly Rate Schedule
1
Project Surveyor ............................
$13500
Senior Surveyor ...................... ......
$12500
Surveyor . ............. .......... ..........
. ... $12000
Assistant Surveyor.. .... .............
$112.00
Senior Survey Technician ................
$10500
Cadd Spociaist ..............
$102.00
CaddlSurvey Technician ........ .......
$90.00
Survey Aid II ................. ............
$7500
Clerical .......................... .........
$44.00
2 -Man Crew..... .....
$218.00
3 -Man Crew .. ...............................
$281.00
Travel Time
$170.00
OVERTIME @ 1.29 TIMES THE ABOVE HOURLY RATES
Expenses @ Cost including: Expenses at the following:
Reproduction, Research - Outside Auto Mileage $0.48
Filing & Permit Fees (Survey Crew Mileage i! included in the above rates)
Overnight Delivery Reproduction - In House - $1.00 per sq ft
Geomatics Transportation Services. Inc.
1655 E. 6th Street, Suite A -4A
Corona, CA 92879
Telephone(951)279 -1918
Facsimile (951) 2;910eSrj wts am SerrugswiulLowl SeiongslTernpnary interne! fdeslCmtent.Outlook%S000GM%OtGTS 200gotes
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMEN_D)WENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this �J& day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal rporation, (hereinafter referred to as "City") and
COAST SURVEYING, INC. a Ca ifornia corporation whose address is 15031 Parkway
Loop, Suite B, Tustin, CA 92780 -6527 ( "Consultant "), and is made with reference to
the following:
RECITALS
A. On August 15th, 2005, CITY and CONSULTANT entered into a On -Call
Professional Services Agreement, hereinafter referred to as "Agreement ",
for Surveying Services to assist the City in executing its Capital
Improvement Program. This Agreement is scheduled to expire on June
30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30th, 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall perform various surveying services pursuant to this
Amendment No. 1 and according to the Request to Extend On -Call
Services Agreement dated April 25, 2007, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2009, including all reimburseable items and subconsultant fees, shall be
based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
B �--- �_
Y� y.
Aaron C. Harp, Mayor
Assistant City Attorney for the City of Newa Beach
for the City of Newport Beach
ATTEST:
BY: gym.
LaVonne Harkless,
City Clerk .
COAST SURVEYING, INC.:
By: 40 r4A
Ruel I Castillo, PLS
Title: President
Print Name:A4 C(lt
By: 1�4 &(�4A_
( ncial Officer)
Title: CFO
Print Name: & k d4 CAn u4
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
f:\users\pbw\shared\agreements\fy 07-08\on-call services\Coast Amendment.doc
0
0
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B. TUSTIN, CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www.coastsurvey.com
April 25, 2007
City of Newport Beach EXHIBIT A
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: Michael Sinacori, P.E.
Re: On -Call Surveying Services
Dear Mr. Sinacori:
INTRODUCTION
Coast Surveying, Inc. welcomes the opportunity to submit our proposal to provide On -Call
Surveying Services to the City of Newport Beach.
Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in
August 1981 and remains so today with 100% of our business being surveying and mapping.
As a result of our emphasis on surveying and mapping, we are better equipped and better
trained than most firms offering those services. With our top of the line equipment, trained
personnel and principals and key employees having many years of both field and office
surveying experience, our firm is ideally suited to provide services on a wide variety of
projects.
Our business operational strategy of pubic agency focus has enabled us to work successfully
with numerous public agencies on various type projects throughout southern California. We
have developed an excellent working relationship with staff from the agencies that we work
with. Our philosophy is based upon client satisfaction with a public agency focus. Coast
Surveying, Inc. is also a Small, Disadvantaged Business Enterprise.
We believe this team to be exceptional in its experience and capability. We have all of the
necessary resources and expertise to complete this project, to City of Newport Beach
standards, on time and within budget.
COMPANY PROFILE
Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty-six
years of surveying, mapping and right of way engineering experience working on projects in
southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and
12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los
Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army
Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Port of Los Angeles; San Diego
Unified Port District; as well as numerous private engineering companies.
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www.coastsurvey.com
About 95% of our work is for governmental agencies, including: federal, state, local,
transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a
Certified DBE firm and is a financially stable firm with 18 employees currently.
Recently, we have been providing various types of surveying services to the City of Newport
Beach, including design surveys, photo control, aerial mapping, construction staking,
centerline surveys, Corner Records, and Record of Survey.
We currently have an on -call contract with the City of Garden Grove to perform survey
services, a contract with the Los Angeles County Metropolitan Transportation Authority, a
contract with the County of Orange to provide map checking services, a contract with the
County of San Bernardino to provide survey services, and an on -call right of way mapping
contract with the County of Los Angeles, Department of Public Works. We are currently
checking legal descriptions for the City of Tustin and have been performing design surveys
and map checking for the City of Seal Beach through W.G. Zimmerman Engineering.
As a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and/or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine,
Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and
San Clemente.
Also as a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and /or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos
Verdes, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale,
Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho
Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of
Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans
District 7 and Caltrans Headquarters Structures.
DESCRIPTION OF SERVICES PROVIDED
Design Surveys for Various Public Works Projects
Photo Control and Aerial Photogrammetric Mapping
Topographic Surveys and Boundary Surveys
Centerline Surveys and Centerline Ties
Corner Records and Records of Survey
Preparing /Reviewing Legal Descriptions and Sketches
Preparing /Reviewing Subdivision Maps — Tentative & Final
Construction Staking for Various Public Works Projects
F
0
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B TUSTIN. CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
EXHIBIT B
CITY OF NEWPORT BEACH
ON -CALL SURVEYING SERVICES
SCHEDULE OF HOURLY RATES
JULY 1, 2007 to JUNE 30, 2009
Project Management
$145.00
Project Surveyor
123.00
Survey Technician
97.00
Clerical and Delivery Service 56.00
2 Person Survey Party w /Equipment 220.00
3 Person Survey Parry w /Equipment 286.00
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
Fax #: 0 •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 5 -30 -07 Dept. /Contact Received From: Shauna Oyler
Date Completed: 6 -4 -07 Sent to: Shauna By: April Walker
Company /Person required to have certificate: Coast Surveying Inc.
GENERAL LIABILITY
A.
INSURANCE COMPANY: United States Fidelity & Guaranty
B.
AM BEST RATING (A: VII or greater): A+ XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2 mil agg/1 aril occ
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording? ❑ Yes ® No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: United States Fidelity & Guaranty
B. AM BEST RATING (A: VII or greater): A+ XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM):
What is limits provided? 2 mil
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ® Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
• •
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Travelers Casualty & Surety Co.
B. AM BEST RATING (A: VII or greater): A+ XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
c Bvo�Nq^'ca UA
0-� 36++73
CITY OF NEWPORT BEAC4e
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
May 08, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinacon, P.E.
949 - 644 -3342
msinacori @city.newport- beach.ca.us
SUBJECT: SURVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENTS WITH COAST
SURVEY AND ADVANCED SURVEY CONCEPTS AND APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH BUSH AND
ASSOCIATES
RECOMMENDATIONS:
1. Approve Amendment No. 1 to Professional Services Agreement with Coast Survey,
Inc. and Amendment No. 1 to Professional Services Agreement with Advanced
Survey Concepts for on -call survey services and authorize the Mayor and City Clerk
to execute the Amendments.
2. Approve a Professional Services Agreement with Bush and Associates for on -call
survey services and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
On June 28, 2005, the City Council approved Professional Services Agreements with
Coast Surveying (Coast), Advanced Survey Concepts (ASC), and Walden and
Associates (Walden) to provide as needed on -call survey services. On -call agreements
allow staff to retain specialized services that are regularly required for many
construction projects at fees that are set for a two year period of time.
Over the last two years, these on -call agreements have proven to be very effective and
efficient. Coast and ASC have performed survey services for about twelve (12) projects
for the City over the past two years. Walden has performed a few projects but
response times have been slow due to the firm's other demands. For that reason, staff
is recommending the approval of a Professional Services Agreement with Bush and
Associates (Bush).
• Survey On -Call Services — pro Professional Services Agreements
May 08, 2007
Page 2
The proposed Fiscal Year 2007/08 CIP has over 100 projects estimated at $37 million.
Survey services typically cost under $10,000 to produce survey base mapping or
perform construction staking. Many projects will require survey services. Staff
recommends approval of the attached amendments to extend the agreements with
Coast and ASC, which are set to expire on June 30, 2007, and authorization of a new
contract with Bush and Associates. Both Coast and ASC have provided exceptional
service on numerous projects. Rates included in the agreements are competitive and in
line with industry standards. Bush also has performed well previously under contract
with the City and as the designated subcontractor to design firms on larger projects.
Funding Availability:
Funds for these services are available in each of the speck project accounts within the
City Council approved Capital Improvement Programs.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
^ - - - -- I - --
Civil Engineer
Submitted by:
Director
Attachment: Amendment No. 1 with Coast Surveying
Amendment No. 1 with ASC
Professional Services Agreement with Bush and Associates
0 •
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and
COAST SURVEYING, INC. a California corporation whose address is 15031 Parkway
Loop, Suite B, Tustin, CA 92780 -6527 ( "Consultant'), and is made with reference to
the following:
RECITALS
A. On August 151', 2005, CITY and CONSULTANT entered into a On -Call
Professional Services Agreement, hereinafter referred to as "Agreement",
for Surveying Services to assist the City in executing its Capital
Improvement Program. This Agreement is scheduled to expire on June
30th, 2007.
l B. City desires to enter into this Amendment No. 1 to extend the term of the
�! Agreement to June 301i, 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform various surveying services pursuant to this
Amendment . No. 1 and according to the Request to Extend On -Call
Services Agreement dated April 25, 2007, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2009, including all reimburseable items and subconsultant fees, shall be
based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
D
• a
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
0
Mayor
for the City of Newport Beach
COAST SURVEYING, INC.:
By:
Ruel del Castillo, PLS
Title: President
Print Name:
By: �)
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
f: luserslpbvAshareftgreemen" 07 -081on -cafl seMces\Coast Amendmentdoc t:
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE B. TUSTIN. CA 92780.6527 (714) 918-6266 FAX(714)918-6277
www.coastsurvey.com
April 25, 2007
City of Newport Beach EXHIBIT A
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: Michael Sinacori, P.E.
Re: On -Call Surveying Services
Dear Mr. Sinacori:
INTRODUCTION
Coast Surveying, Inc. welcomes the opportunity to submit our proposal to provide On -Call
Surveying Services to the City of Newport Beach.
Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in
August 1981 and remains so today with 100% of our business being surveying and mapping.
As a result of our emphasis on surveying and mapping, we are better equipped and better
trained than most firms offering those services. With our top of the line equipment, trained
personnel and principals and key employees having many years of both field and office
surveying experience, our firm is ideally suited to provide services on a wide variety of
projects.
Our business operational strategy of pubic agency focus has enabled us to work successfully
with numerous public agencies on various type projects throughout southern California. We
have developed an excellent working relationship with staff from the agencies that we work
With. Our philosophy is based upon client satisfaction with a public agency focus. Coast
Surveying, Inc. is also a Small, Disadvantaged Business Enterprise.
We believe this team to be exceptional in its experience and capability. We have all of the
necessary resources and expertise to complete this project, to City of Newport Beach
standards, on time and within budget.
COMPANY PROFILE
Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty-six
years of surveying, mapping and right of way engineering experience working on projects in
southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and
12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los
Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army
Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Port of Los Angeles; San Diego
Unified Port District; as well as numerous private engineering companies.
COAST SURVEYING, INC.
15031 PARKWAY LOOP. SUITE B. TUSTIN, CA 92780 -6527 (7141918 -6266 FAX(714)918-627
www.coastsurvey.com
About 95% of our work is for governmental agencies, including: federal, state, local,
transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a
Certified DBE firm and is a financially stable firm with 18 employees currently.
Recently, we have been providing various types of surveying services to the City of Newport
Beach, including design surveys, photo control, aerial mapping, construction staking,
centerline surveys, Comer Records, and Record of Survey.
We currently have an on -call contract with the City of Garden Grove to perform survey
services, a contract with the Los Angeles County Metropolitan Transportation Authority, a
contract with the County of Orange to provide map checking services, a contract with the
County of San Bernardino to provide survey services, and an on -call right. of way mapping .
contract with the County of Los Angeles, Department of Public Works. We are currently
checking legal descriptions for the City of Tustin and have been performing design surveys
and map checking for the City of Seal Beach through W.G. Zimmerman Engineering. .
As a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and /or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine,
Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and )
San Clemente. t`
Also as a subconsultant, we have been providing design surveys, aerial mapping, construction
,staking and/or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos
Verdes, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale,
Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho
Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of
Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans
District 7 and Caltrans Headquarters Structures.
DESCRIPTION OF SERVICES PROVIDED
Design Surreys for Various Public Works Projects
Photo Control and Aerial Photogrammetric Mapping
Topographic Surveys and Boundary Surveys
Centerline Surveys and Centerline Ties
Comer Records and Records of Survey
Preparing /Reviewing Legal Descriptions and Sketches
Preparing/Reviewing Subdivision Maps — Tentative & Final
Construction Staking for Various Public Works Projects
2
t
I FIX
! f
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE 8 TUSTIN CA 92780 -6527 (714) 918-6266 FAX (714) 918-6277
EXHIBIT B
CITY OF NEWPORT BEACH
ON -CALL SURVEYING SERVICES
SCHEDULE OF HOURLY RATES
JULY 1, 2007 to JUNE 30, 2009
Project Management $145.00
Project Surveyor 123.00
Survey Technician 97.00
Clerical and Delivery Service 56.00
2 Person Survey Party w /Equipment 220.00
3 Person Survey Party w /Equipment 286.00 -
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH ADVANCED SURVEY CONCEPTS, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and
ADVANCED SURVEY CONCEPTS, INC. a California corporation whose address is 31
Sundown Drive, Trabuco Canyon, CA 92679 ( "Consultant "), and is made with
reference to the following:
RECITALS
A. On August 24"', 2005, CITY and CONSULTANT entered into a On -Call
Professional Services Agreement, hereinafter referred to as "Agreement ",
for Surveying Services to assist the City in executing its Capital
Improvement Program. This Agreement is scheduled to expire on June
30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 301h, 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform various surveying services pursuant to this
Amendment No. 1 and according to the Request to Extend On -Call
Services Agreement dated April 25, 2007, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2009, including all reimburseable items and subconsultant fees, shall be
based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect."'
'4 `J
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: 4, — C"
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
COAST SURVEYING, INC.:
Larry E. Barnes
Title: President
Print Name:
By.
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
f: userskoWsharedlagreementsW 07-Mon-call serviceslAdvanced Survey Amendment.doc
ASC
Larry E 13aroes
Preddent
EXHIBIT A
California
Ms. 7766
Arizona
P- L.336161 April 25; 2007
ASG.9orvry oom
Advanted Survey Concepts, Inc.
Boundary - Mapping - Construction Staking
Michael Y. Sinaccri
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658
SUBJECT: Request for Extention of Contract and Rate Change
Dear Mike,
ASC would like to extend their annual contract for two years. ASC has attached a rate
schedule, list of our staff, and resumes.
ASC prefers a 48 hour advanced notice for a survey crew, however ASC can work
with City of Newport Beach and respond the next day to any high priority requests
you may have.
Should you have any questions or need additional information, please contact us at
949-916-2770.
Sincerely,
�R'L(YFOI
E. Barnes, President Date No. 7766
7766 Fj. 1k' /
,nTI
LEB :jy
31 Sundown Drive Trabuco Canyon, CA 92679 949 -916 - 27701949- 916- 8010(fax)
i
EXHIBIT B
HOURLY RATE SCHEDULE
Effective July 1, 2007 through December 31, 2007
OFFICE PERSONNEL FEE
Principal - Licensed Land Surveyor
Survey CALUS / CAD Operator
Specification Typist
$ 120.00
$ 85.00
$ 35.00
FIELD PERSONNEL FEE
2 Person Survey Crew
2 Person. Survey Crew - Overtime
$ 185.00
$ 277.50
• ASC reserves the right to provide a 1 (one) man robotic Survey crew
in lieu of a 2 (two) man Survey crew when appHeable.
• Survey Crew hours axe from 6 :30 am to 3:00 p.m. Monday through
Friday unless Requested or required by Project.
• All Survey requests will be subject to a (4) four hours minimum cost.
TRAVEL RELATED FEE
2 Person Survey Crew — Travel Time $ 100.00
Petdiem Per Day Person
Mileage Per mile
$ 60.00
$ 0.34
• These costs will not apply unless approved prior to approval of
contract
• Travel time will be charged ONLY when traveling back to office and
after 8 hour of field surveying.
• All billable time is Portal to Portal (Office to Office)
Non - contract survey services with prior authorition by client will be billed at a time and material
rate, and will be a minimum of (4) four hours per request.
NOTE: Blueprinting, reproduction, computer plotting, messenger service and other direct
expenses will be charged at cost plus 100/c. No additional charges for mileage, supplies, or
telephone expenses will be included.
31 Sundown Drive ♦ Trabuco Canyon, CA 92679 ♦ Tel: (949) 916 -2770 Fax: (949) 916 -8010
0 0
PROFESSIONAL SERVICES AGREEMENT WITH
BUSH AND ASSOCIATES
FOR ON -CALL CIVIL SURVEY SERVICES
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ("City"), and BUSH AND ASSOCIATES, a California corporation , whose
address is 18017 Sky Park Circle, Suite Q, Irvine, California 92614 -6520
("Consultant"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for Civil Survey Services related to the
proposed Fiscal Year 07108 and 08109 Capital Improvement Programs.
C. City desires to engage Consultant to perform on -call Civil Survey Services
throughout the City on an as need basis ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Agreement shall be
David A. Bush, LS..
F. City has solicited and received a Statement of Qualification from Consultant, has
reviewed the previous experience and evaluated the expertise of Consultant, and
desires to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2009, unless terminated earner as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" Civil Survey Services as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Project Administrator, Consultant shall provide a letter proposal
for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion_ in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
L
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
9
i •
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
\ Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David A. Bush, LS
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City
Engineer or their Designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant Information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
0 9
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consuftanfs
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant, its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
a
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
�J coverage required herein. Insurance certificates must be approved by
Q
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of Califomia for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
0
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this .
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
0
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint - venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such. materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
0
•
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in "Awg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
0 0
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment." Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be 'entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City s rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
41
0 0
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949- 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
David A. Bush, LS
Bush and Associates
18017 Sky Park Circle, Suite Q
Irvine, CA 92614 -6520
Phone: (949) 752 -1888
Fax: (949) 752 -1895
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
19
0 •
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS (,
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
13
0 0
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:_ A" < 1�
Aaron C. arp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
BUSH AND ASSOCIATES:
By:
David A. Bush, LS., President
Title: President
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
f: luserslpbw%sharechagreemenislfy 07 -08bn -call services\bush 8 associates- survey.doc
0 0 EXHIBIT A
Bush & Rssociates Inc.
Land Surveyoi
April 20, 2007
City of Newport Beach
ATTN: Michael J. Sinacori
Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92655
Statement of Oualifications for On -Call Survey EndwerinQ 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 Santa Margarita Water District, El Toro Water District, City
of Dana. Point, Black and Veatch Corporation, Camp Dresser & McKee, HDR Engineering,
DGA Consultants, Midway City Sanitary District, DBE Psomas and Boyle Engineering
Corporation among others.
We also provide on -call survey engineering services for Orange County Sanitation District,
Orange County Water District, Irvine Ranch Water District, South Coast Water District and
Long Beach Water Department. .
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 30
different design survey and construction survey projects for the City including Buck Gully Sewer
Replacement, Irvine Ave. 12" Water Main Improvement and Balboa Island Utility Mapping.
We understand that periodically surveying projects are needed to be done for the City. The
scope of work of these various projects in 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. Q
lip
18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1688
0 0
City of Newport Beach
April 20, 2007
Page Two
We adhere to a high standard of services 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.
Dro A. &L
David A. Bush, LS
President
Attachments: Exhibit A — Description of Services
Organization Flow Chart
Resume'
Public Agency Project List
References
Exhibit B - Fee Schedule
QZrinvleltnusdwq- b.doc
Bush & Associates, Inc.
Exhibit A
Description of Services Provided
We provide the following survey engineering services:
• Control surveys — Establish a network of horizontal and vertical points that serve as a
reference for other surveys, for example, reservoir monitor surveys.
Topographic surveys — Determine the location and elevation of natural and artificial
culture for mapping. This includes creating maps from data collected by a survey field
crew or aerial mapping. We create maps using assumed coordinates and California
Coordinates and any elevation datum specified by the City. The final product is an
Autocad drawing file showing contours, spot elevations and culture.
• Boundary surveys — Establish or re- establish property lines and property corners. This
may include tieing out and replacing destroyed monuments during construction and filing
pre- construction and post - construction comer records with the Orange County Surveyor's
Office. `.� )
• Construction surveys — Provide line and grade stakes for construction projects.
• As- constructed surveys — Document with coordinates and elevations the final location
and layout of engineering works. The final product is typically an Autocad drawing file
showing all data collected.
• Legal descriptions — Prepare and review legal descriptions for easement documents.
• Utility markings — Assist the City with marking utilities from record drawings.
Advance Notice Requirements - We can provide services to the City on a 24 hour notice in
advance of need.
0
Bush & Associates Inc.
Land Surveyors
BUSH & ASSOCIATES INC.
2007 FEE SCHEDULE
� IC
2 -Party Survey Crew W/Equipment $164.00/HR
3 -Party Survey Crew W/Equipment $204.00/HR
Licensed Land Surveyor $102.00/IiR
Survey Technician $ 84.00/HR
` . Draftsperson $ 78.00/HR
Prints, Photocopies, Etc..... Cost + 10%
D
18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1888
i 0
PROFESSIONAL SERVICES AGREEMENT WITH
COAST SURVEY INC.
FOR
ON -CALL SURVEYING SERVICES
THISeGREEMENT is made and entered into as of this A� _4day of
U 7 2005, by and between the CITY OF NEWPORT BEACH, a municipal
corpo tion ( "City "), and COAST SURVEYING, INC., a California corporation whose
address is 15031 Parkway Loop, Suite B, Tustin, CA 92780 -6527 ( "Consultant "), and
is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for survey services in regards to City
construction projects.
C. City desires to engage Consultant to perform on -call survey services in various
locations and for various City construction projects ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Ruel del
Castillo, PLS.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth. in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" [insert type of services] services as described
in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Project Administrator, Consultant shall provide a letter proposal
f
for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include only the following:
(a) A detailed description of the services to be provided;
(b) The position of each person to be assigned to perform the services,
and the name of the individuals to be assigned, if available;
(c) The estimated number of hours and cost to complete the services;
(d) The time needed to finish the project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing rates attached hereto as Exhibit "B" and incorporated herein by reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Public Works Department. Any Letter Proposal that sets forth
fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require
a separate Professional Service Agreement approved by City Council per Council
Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Ruel del Castillo
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
0
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Gunther shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to fumish timely information or to approve or disapprove Consultant's
El
0 •
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor "), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with 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 be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
11
12.
13.
14.
i •
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
I
0
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
7
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
B. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
0 0
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
to
0 0
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and 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.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
10
0 41
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Robert Gunther
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3311
Fax: 949- 644 -3318
11
0 0
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Ruel del Castillo
Coast Surveying, Inc.
15031 Parkway Loop, Suite B
Tustin, CA 92780 -6527
Phone: 714 - 918 -6266
Fax: 714 -918 -6277
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
12
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
0
E,
j
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
z4 --
Aaron C. Harp,
Assistant Citv Attornev
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporat Oh
Director of Public Works
for the City of Newport Beach
COAST SURVEYING, INC.:
�
orporife Officer)
Title: DiFfT
Print Name: E; •
U 004%
Officer)
Title: CFO
J
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
f: \users \pbwlshamdlagreements \fy 04 Moncall agreementslwast su"eying.doc
14
0
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE B TUSTIN GA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www.coastsurvey.com
June 6. 2005
City of Newport Beach EXHIBIT A
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: R. Gunther, Construction Engineer
Re: On -Call Surveying Services
Dear Mr. Gunther:
INTRODUCTION
Coast Surveying, Inc. welcomes the opportunity to submit our proposal to provide On -Call
Surveying Services to the City of Newport Beach.
Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in
August 1981 and remains so today with 100% of our business being surveying and mapping.
As a result of our emphasis on surveying and mapping, we are better equipped and better
trained than most firms offering those services. With our top of the line equipment, trained
personnel and principals and key employees having many years of both field and office
surveying experience, our firm is ideally suited to provide services on a wide variety of
projects.
Our business operational strategy of pubic agency focus has enabled us to work successfully
with numerous public agencies on various type projects throughout southern California. We
have developed an excellent working relationship with staff from the agencies that we work
with. Our philosophy is based upon client satisfaction with a public agency focus. Coast
Surveying, Inc. is also a Small, Disadvantaged Business Enterprise.
We believe this team to be exceptional in its experience and capability. We have all of the
necessary resources and expertise to complete this project, to City of Newport Beach
standards, on time and within budget.
COMPANY PROFILE
Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty-four
years of surveying, mapping and right of way engineering experience working on projects in
southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and
12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los
Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army
Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Port of Los Angeles; San Diego
Unified Port District; as well as numerous private engineering companies.
0
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www.coastsurvey.com
About 95% of our work is for governmental agencies, including: federal, state, local,
transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a
Certified DBE firm and is a financially stable firm with 18 employees currently.
Recently, we have been providing various types of surveying services to the City of Newport
Beach, including design surveys, photo control, aerial mapping, construction staking,
centerline surveys, Corner Records, and Record of Survey.
We currently have an on -call contract with the City of Garden Grove to perform survey
services, a contract with the Los Angeles County Metropolitan Transportation Authority 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, aerial mapping, construction
staking and/or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine,
Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and
San Clemente.
Also as a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and /or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos
Verdes, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale,
Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho
Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of
Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans
District 7 and Caltrans Headquarters Structures.
DESCRIPTION OF SERVICES PROVIDED
Design Surveys for Various Public Works Projects
Photo Control and Aerial Photogrammetric Mapping
Topographic Surveys and Boundary Surveys
Centerline Surveys and Centerline Ties
Corner Records and Records of Survey
Preparing /Reviewing Legal Descriptions and Sketches
Preparing /Reviewing Subdivision Maps — Tentative & Final
Construction Staking for Various Public Works Projects
2
0
0
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www. coastsurvey. com
LOCAL STAFFING LIST
Ruel del Castillo, P.L.S. - Survey Manager
Ken Kasbohm, P.L.S. Project Surveyor
Rod Reiter - Survey Party Chief
Bob McDermott - Survey Party Chief
Gwen del Castillo, P.L.S. Project Surveyor
Robert E. Troughton, P.L.S. - Project Surveyor
Neil Darling, L.S.I.T. - Survey Analyst
ADVANCE NOTICE REQUIREMENTS
Coast Surveying, Inc. generally requests a 48 -hour notice on staking requests. We are able to
respond to times less than that when an emergency arises. We always work closely with both
City staff and the contractor to provide our services in a timely manner.
Wes Wittmeyer, P.L.S.
City Surveyor (949) 644 -3317
On -Call Survey and Mapping Contract
City of Newport Beach
3300 Newport Blvd.,
Newport Beach, CA 92663
Mark Uphus, P.E.
Project Manager (714) 741 -5191
On -Call Survey and Mapping Contract
City of Garden Grove
11222 Acacia Avenue
Garden Grove, CA 92842
Dennis Jue, P.E.
Project Manager (714) 573 -3030
On -Call Survey and Mapping Contract
City of Tustin
300 Centennial Way
Tustin, CA 92780
REFERENCES
Maureen Gunton
Contract Administrator (714) 834 -3811
On -Call Map Checking Contract
Orange County Surveyor's Office
300 N. Flower Street
Santa Ana, CA 92702
James White, P.L.S.
Program Manager (213) 897 -9391
Various Caltrans and MTA Projects
Caltrans District 7
120 S. Spring Street
Los Angeles, CA 90012
Bill Zimmerman, P.E.
Project Manager (562) 594 -8589
Various City of Seal Beach projects
W.G. Zimmerman Engineering
1500 Pacific Coast Highway, Suite D
Seal Beach, CA 90740
• •
COAST SURVEYING, INC.
15031 PARKWAY LOOP SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www.coastsurvey.com
ATTACHMENTS
Attached are the resumes for the above noted key staff. Also attached is our LACMTA DBE
Certification letter, our relevant Public Agency project experience, and our hourly rate
schedule through June 30, 2007.
CLOSING
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 our continuing relationship with the City of Newport
Beach.
Sincerely,
�� 1 !it'1RIP,
Ruel del Castillo, PLS
President
P105 -113
SURVEYING IS OUR ONLY BUSINESS!!
4
0
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B TUSTIN CA 92780 -6527 f714) 918 -6266 FAX (714) 918 -6277
EXHIBIT B
CITY OF NEWPORT BEACH
ON -CALL SURVEYING SERVICES
SCHEDULE OF HOURLY RATES
JUNE 6, 2005 to JUNE 30, 2007
Project Management
Project Surveyor
Survey Technician
Clerical and Delivery Service
2 Person Survey Party w /Equipment
3 Person Survey Party w /Equipment
GPS Receivers (minimum of three) - $100.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies.
$135.00
114.00
90.00
52.00
198.00
258.00
AT COST
-10 -2005 101::41 FROM: ,/ 7149391654 T0:049 644 331B P.1'1
Fax #: �Q Np) q7 - 311 f
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: g - $ ^OS Dept./Contact Received From:
'Ma.N hA ]u'
Date Completed: - b -as Sent to: frf
1AmrkoL
By: Mo( oMr1G1 f'•
Company /Person required to have certificate: —(I)a4-
1. GENERAL LIABILITY 1 I ry _)
i Jk4 �\ d � �
L r ('� Ju
` ywa4,t
A. INSURANCE COMPANY: IA hA dd g-
rn
B. AM BEST RATING (A: VII or greater): At }v�
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
04es ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
4 wil all/it 7 q;e ,
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? les o
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
05eYes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Included):
Is it included?
Yes ❑ No
H_ CAUTION! (Confirm that loss or liability of the named insured is not
limited solely by their negligence) Does endorsement include "solely by
negligence" wording?
❑ Yes FrNo
i. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording,
H. AUTOMOBILE LIABILITY U
A. INSURANCE CE COMPANY: �GCt, o TAiC Gt t )"j. �TT
B. AM BEST RATING (A: V!I or greater); Wt✓
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? es ❑ No
D. LIMITS (Must be $1M min. BI & PO and $500,000 UM): What is limits provided?
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): is it included? es ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only):
Is it included? Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
III. WORKERS' COMPENSATION {y / 'A r
A. INSURANCE COMPANY: T' LajA f r(Yt � u 1 a*'l. R C Af L
B. AM BEST RATING (A: VII or greater): _ At
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): is it included? es ❑ No
HAVE ALL ABOVE REQUIREMENTS 13EEN MET? es ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
C 3� A
C_�t�73
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
June 28, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO
BY 7HE CTrY COUNCI
CITY OF NEWPORT SEA
FROM: Public Works Department
Robert Gunther, P.E. SuNa�1.J0�
949 -644 -3311
rgunther@cfty.newport-beach.ca.us APPRnvFr
SUBJECT: GEOTECHNICAL, SURVEYING AND MAPPING, ARCHEOLOGICAL,
INSPECTION, AND ENVIRONMENTAL PLANNINGIPERMITTING ON.
CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENTS
RECOMMENDATIONS:
1. Approve Professional Services Agreements with Harrington Geotechnical and
Leighton and Associates for on -call geotechnical services and authorize the Mayor
and City Clerk to execute the Agreements.
2. Approve Professional Services Agreements with Coast Surveying, Advance Survey
Concepts, and Walden & Associates for on -call professional surveying and
mapping services and authorize the Mayor and City Clerk to execute the
Agreements.
Approve a Professional Services Agreement with LSA and Associates for on -call
archeological services and authorize the Mayor and City Clerk to execute the
Agreement.
4. Approve a Professional Services Agreement with Project Partners for on -call
supplemental public works inspection services and authorize the Mayor and City
Clerk to execute the Agreements.
Approve a Professional Services Agreement with J.H. Douglas & Associates for on-
call environmental planning and permitting assistance and authorize the Mayor and
City Clerk to execute the Agreements.
DISCUSSION:
• Prior to the City Council meeting of November 26, 2002, geotechnical, survey,
archeological, and supplemental inspection services were regularly required for many
Capital Improvement Program (CIP) projects and a great number of small but time -
consuming Professional Services Agreements (PSA's) were executed between the City
SUBJECT: Geotechnical, Su And Mapping, Archeological, And Inspection On- Wnrices - Approval Of Professional
Services Agreeme
June 28, 2005
Page 2
and selected consultants to accomplish these on -going tasks. On November 26, 2002,
City Council approved the use of on -call PSA's with one soils firm and with three
surveying firms. Then on December 9, 2003, Council approved on -call PSA's for the
use of eight firms, (two soils, three survey, one archeological and two inspection firms).
These PSA's all expire on June 30, 2005.
Over the last few years, these on -call PSA's have proven to be very effective and
efficient. A request for qualifications was mailed to twelve firms to submit proposals
and eight firms responded. Staff now recommends executing new PSA's with these
eight firms as listed in the above recommendations, that is - two geotechnical firms,
three surveying and mapping firms, one archeological firm, one supplemental public
works inspection firm, and one environmental planning /permitting firm. To reduce time
in preparing individual PSA's for each CIP project, staff is recommending negotiating
with these select consultants to provide "as needed" services. Any other firms that may
be used would have individual PSA's prepared for their work and if greater than
$30,000 they would be brought to City Council for approval per Council Policy F -14.
The City Council approved a Fiscal Year 2005106 Citywide CIP, which totals over
$30,000,000. More than 100 projects within the CIP will require some sort of
geotechnical and survey services as well as occasional archeological, supplemental
public works inspection services, or environmental permitting service. These services
are funded for from the individual project budgets.
On -Call Geotechnical Firms:
Harrington Geotechnical and Leighton and Associates have performed geotechnical
services for more than 20 projects for the City over the past two years. The fee for their
services is typically under $5,000 to perform either soil and base compaction or asphalt
testing for a particular project. The firms have provided quality services to the City in
the past.
On -Call Surveying and Mapping Firms:
Similar on -call Professional Services PSA's are recommended for surveying and
mapping services. The three recommended firms provide unique specialized services
that can be tailored to the City's individual projects, 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 survey requests. The City Surveyor is
also involved with mapping, GIS coordination, and parcel map reviews, as well as other
duties. With the renewal of the on -call survey services PSA's many of these services
will be contracted with one of the above survey companies.
On -Call Archeological Services:
Archeological inspection and reports are required on a number of projects involving
excavation, particularly on projects in coordination with Caltrans. LSA has provided Is
timely inspections and reports on previous projects with the City.
SUBJECT: Geotetlmical, Su g And Mapping, Archeological, And Inspection Or f Services - Approval Of Professional
Services Agreern*
June 28, 2005
Page 3
On -Call Supplemental Public Works Inspection Firms:
Over the last four years staff has had to use two supplemental inspectors due to the
heavy project loads on our three full -time staff inspectors. Project Partners has
provided inspection services to the City for four years. Although the City's proposed
new budget includes an additional staff Inspector, it will take some time to hire the new
inspector and occasional use of a contract inspector may still be required.
On -Call Environmental Planning and Permitting Service:
Environmental permitting and planning assistance are often required in conjunction with
the CIP because the City must comply with land use and environmental laws such as
CEQA, and may be required to obtain permits from other public agencies. J.H. Douglas
& Associates has provided timely services and assistance on previous projects with the
City.
Standard On -Call Professional Services Agreement:
Attached is the standard PSA that was recently updated by the City Attorney's Office.
The On -Call PSA with the geotechnical, survey, archeological, inspection, and
environmental services firms is identical to the new standardized PSA's with the
exception of Section 2 (Services to be Provided) and Section 4 (Compensation to the
Consultant). These sections have been drafted to allow the consultant to provide
services for multiple projects. The proposed On -Call PSA's would be effective through
June 30, 2007.
Funding Availability:
Funds for these services are available in each of the specific project accounts within the
City Council approved Capital Improvement Programs.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Prepared by:
".z,
R. Gunther, P.E.
Construction Engineer
Submitted
Stephen G. Badum
Public Works Director
Attachment: Draft On -Call Professional Services Agreement
0 0
PROFESSIONAL SERVICES AGREEMENT WITH
[INSERT NAME OF PERSON/COMPANY] FOR ON -CALL SERVICES
FOR [INSERT PROJECT NAME]
THIS AGREEMENT is made and entered into as of this day of
, 2005, by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "City "), and [INSERT COMPANY NAME], a [insert type of business, i.e.,
an individual, a partnership, a joint venture, a corporation or some other business entity]
whose address is [insert address], California ( "Consultant "), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to [insert description of what is being planned].
C. City desires to engage Consultant to perform on -call [insert type of service
Consultant provides i.e., geotechnical, engineering, etc.] services in
various locations and for various City construction projects ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
E. The principal members] of Consultant for purposes of Project, shall be
[insert name of Consultant].
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the June day of 30th, 2007, unless terminated earlier as set forth
herein.
•
0 0
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" [insert type of services] as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal request from
the Project Administrator, Consultant shall provide a letter proposal for services
requested by the City (hereinafter referred to as the "Letter Proposal ").
The Letter Proposal shall include a detailed description of services to be
provided, the estimated cost and the time to complete the services, the
estimated number of hours and the position of each person to be assigned to
perform the services. No services shall be provided until the Public Works
Department Director has provided written acceptance of the Letter Proposal.
Once authorized to proceed, Consultant shall diligently perform the duties in the
approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing rates attached hereto as Exhibit "B" and incorporated herein by reference.
No rate changes shall be made during the term of this Agreement without the
prior written approval of the City. Consultant's compensation for services
performed in accordance with this Agreement, including all reimbursable items
and subconsultant fees, shall not exceed the fees identified in the Letter
2
y�
E
Proposal, as approved by the Public Works Department. A Letter Proposal fee
shall not exceed $30,000 without City Council approval.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges. 0
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated [Insert Contact
Name] to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
[Optional Provision] If Consultant is performing inspection or construction
management services for City, the Project Manager and any other 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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. [Insert
Staff Person] shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
•
M
DI
0 •
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession,
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 [Optional Provision] The term Construction Management or Construction
Manager does not imply that Consultant is engaged in any aspect of the
physical work of construction contracting. Consultant shall not have
control over or be in charge of and shall not be responsible for the
project's design, City's project contractor ( "Contractor"), construction
means, methods, techniques, sequences or procedures, or for any health
or safety precautions and programs in connection with 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 be responsible for acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their
Agents or employees, or of any other persons performing portions of the
work.
HOLD HARMLESS
[OPTION A: For Use In All Contracts Except Those With Architects,
Engineers And Surveyors]
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
5
0 0
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
[OPTION B: For Use With Design Professionals (Engineers, Surveyors And
Architects)]
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
A
10.
11
12.
13
INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
0 0
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceotable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1, Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employers Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
• employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for
each occurrence.
0
0 0
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following speck language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
B. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work. 0
R
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
10
0 0
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and 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.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
11
i •
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
0 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and ail claims for damages resulting from Consultant's violation of this
Section:
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
12
0 0
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
R. Gunther
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3311
Fax: 949 -644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
[Insert Name of Consultant]
[Insert Address]
[City and Zip Code]
Phone:
Fax:
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county , state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
13
0 30. WAIVER
11
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement
executed by bot h
Attorney.
34. SEVERABILITY
may be modified or amended only by a written document
Consultant and City and approved as to form by the City
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
14
•
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
By: By:
Aaron C. Harp, Stephen G. Badum,
Assistant City Attorney Public Works Director
for the City of Newport Beach for the City of Newport Beach
ATTEST: [Name of Consultant]
By: By:
LaVonne Harkless
City Clerk
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
P. \users \CAT\shared \agreement\on -call agreement template.doc
l�J
15
PROFESSIONAL SERVICES AGREEMENT
WITH
COAST SURVEYING, INC.
FOR ON -CALL SURVEYING SERVICES
THIS AGREEMENT is made and entered into as of this '7tk day of
e( ,(/n ;'r- , 20943by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "City "), and Coast Surveying, Inc., a corporation whose address is 15031
Parkway Loop, Suite B, Tustin, California, 92780 -6277 ( "Consultant "), and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement an approximate $30 million dollar Capital
Improvement Program.
C. City desires to engage Consultant to perform on -call survey services in
various locations and for various City projects.
D. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Ruel del
Castillo.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
TERM
The term of this Agreement shall commence on the 9 day of
20C& and shall terminate on the 30u' day of June, 2005, unless terminated earlier
as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" Survey Services as described in the
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 be included in the estimated cost
6 0
and the 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. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. 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 the City.
Consultant's compensation for services performed in accordance with this
Agreement shall not exceed the approved fees identified in the letter proposals.
A letter proposal fee shall not exceed $30,000 without City Council Approval.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employment who performed the
work, a brief description of the services performed and /or the specific task
in the Scope of Services to which it relates, the date the services were
performed, the number of hours spent on all work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
2
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Ruel del Castillo
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Gunther shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
3
0 9
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
4
0 9
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
5
13. PROGRESS
•
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
B. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
C. Signafure. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
D. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
E. Coverage Reguirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
A
• •
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit
for each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
F. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
7
0
party except after thirty (30) days written notice has been received
by City.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
H. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
93
18.
19.
20.
21
22.
0
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg° file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and 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.
RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
0
0
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
10
0
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
R. Gunther
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3325
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Ruel del Castillo
Coast Surveying, Inc.
15031 Parkway Loop, Suite B
Tustin, CA 92708 -6527
Phone: 714 - 918 -6266
Fax: 714 - 918 -6277
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
11
46 i
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
12
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
-00*� 7n. Li (4A
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By:�,.� .
Mayor
for the City of New Beach
COAST SURVEYING, INC.
COLI FO
LaVonne Harkless
CITY Clerk
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
13
0
CAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B. TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
• www.coastsurvey.com
November 12, 2003
City of Newport Beach EXHIBIT A
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: R. Gunther, Construction Engineer
Re: On -Call Surveying Services
Dear Mr. Gunther:
Coast Surveying, Inc. welcomes the opportunity to submit our proposal to provide On- Call
Surveying Services to the City of Newport Beach.
Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in
August 1981 and remains so today with 100% of our business being surveying and mapping.
As a result of our emphasis on surveying and mapping, we are better equipped and better
trained than most firms offering those services. With our top of the line equipment, trained
•personnel and principals and key employees having many years of both field and office
surveying experience, our firm is ideally suited to provide services on a wide variety of
projects.
Our business operational strategy of pubic agency focus has enabled us to work successfully
with numerous public agencies on various type projects throughout southern California. We
have developed an excellent working relationship with staff from the agencies that we work
with. Our philosophy is based upon client satisfaction with a public agency focus. Coast
Surveying, Inc, is also a Small, Disadvantaged Business Enterprise.
We believe this team to be exceptional in its experience and capability. We have all of the
necessary resources and expertise to complete this project, to City of Newport Beach
standards, on time and within budget.
COMPANY PROFILE
Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty -two
years of surveying, mapping and right of way engineering experience working on projects in
southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and
12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los
Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army
Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Port of Los Angeles; San Diego
Unified Port District; as well as numerous private engineering companies.
0
CAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B. TUSTIN. CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
www.coastsurvey.com
About 95% of our work is for governmental agencies, including: federal, state, local,
transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a
Certified DBE firm and is a financially stable firm with 18 employees currently.
Recently, we have been providing various types of surveying services to the City of Newport
Beach, including design surveys, photo control, aerial mapping, construction staking,
centerline surveys, Comer Records, and Record of Survey.
We currently have an on -call contract with the City of Garden Grove to perform survey
services, a contract with the Los Angeles County Metropolitan Transportation Authority 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, aerial mapping, construction
staking and/or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine,
Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and
• San Clemente.
Also as a subconsultant, we have been providing design surveys, aerial mapping, construction
staking and/or right of way services for the Cities of Los Angeles, Santa Monica, 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.
Il
DESCRIPTION OF SERVICES PROVIDED
Design Surveys for Various Public Works Projects
Photo Control and Aerial Photogrammetric Mapping
Topographic Surveys and Boundary Surveys
Centerline Surveys and Centerline Ties
Corner Records and Records of Survey
Preparing /Reviewing Legal Descriptions and Sketches
Preparing /Reviewing Subdivision Maps — Tentative & Final
Construction Staking for Various Public Works Projects
FJ
n
0
01AST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B. TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
EXHIBIT B
CITY OF NEWPORT BEACH
ON -CALL SURVEYING SERVICES
SCHEDULE OF HOURLY RATES
NOVEMBER 12, 2003 to JUNE 30, 2005
Project Management $127.00
Project Surveyor 107.00
Survey Technician 85.00
Clerical and Delivery Service 48.00
2 Person Survey Party w /Equipment 186.00
3 Person Survey Party w /Equipment 241.00
GPS Receivers (minimum of three) - $150.00 /day /receiver
Monuments, prints, photocopies, research materials,
and other incidental or special supplies. AT COST
DEG -30 -2003 TUE 02124 PM FAX NO,
.... _ _ ._. P. 01/01
Fax #:
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: La- )l "02> Dept. /Contact Received From:
Date Completed: t Z -SO-CM) Sent to: !!� X LU nr,,
Company/Person required to have certificate: S+ S U r\j
I. GENERAL LIABILITY �-� n _� j
A. INSURANCE COMPANY: 1) n t +eo 1 C� 4AJ:el_ g
B. AM BEST RATING (A: VII or greater): fF X V
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? [Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided? M "_k
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? 0 Yes 0 No
F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? �1 es ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included).
Is it included? ,(;Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named insured is not
limited solely by their negligence) Does endorsement include "solely by
negligence" wording? ❑ Yes 1910
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
U. AUTOMOBILE LIABILITY `` l [� d
A. INSURANCE COMPANY: ( T f'P� Ji�A S T IA �t C� G0aA0.f\_\,
B. AM BEST RATING (A: VII or greater): A NY
C. ADMITTED COMPANY (Must be California Admitted): ,�5
Is Company admitted in California? 8-Yes. ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? Z VVV IOL
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? [Yes ❑ No
F. PRIMARY & NON -CONTRIBUTORY WORDING (For Waste Haulers only):
Is it included? 0 Yes A No
G, NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
ITS. WORKERS' COMPENSATION
A. INSURANCE COMPANY:
B. AM BEST RATING (A-' VII
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? L3CYes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes 0 No�y
IF NO, WHICH ITEMS NEED ,TaO,B,�E COMPLETED?
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
CRY o.'- "'4'Y'•• «C•%CH
i o�c o 9 2003 (A�«�
Agenda Item No. 21
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Gunther, P.E.
949 - 644 -3311
rgunther@city.newport-beach.ca.us
SUBJECT: GEOTECHNICAL, SURVEYING AND MAPPING, ARCHEOLOGICAL,
AND INSPECTION ON -CALL SERVICES - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENTS
RECOMMENDATIONS:
Approve Professional Services Agreements with Harrington Geotechnical and
Leighton and Associates for on -call geotechnical services and authorize the Mayor
and City Clerk to execute the Agreements.
2. Approve Professional Services Agreements with Coast Surveying, Duca- McCoy,
and Advanced Survey Services for on -call professional surveying and mapping
services and authorize the Mayor and City Clerk to execute the Agreements.
3. Approve a Professional Services Agreement with LSA and Associates for on -call
archeological services and authorize the Mayor and City Clerk to execute the
Agreement.
4. Approve a Professional Services Agreements with Project Partners and Hubell
Technical Services for on -call supplemental public works inspection services and
authorize the Mayor and City Clerk to execute the Agreements.
DISCUSSION:
Prior to the Council meeting of November 26, 2002, geotechnical, survey, archeological
and supplemental inspection services were regularly required for many projects and a
great number of small but time - consuming Professional Services Agreements (PSA's)
were executed between the City and selected consultants to accomplish these on -going
tasks.
On November 26, 2002, Council approved the use of on -call PSA's with one soils firm
and with three surveying firms. Those Agreements have expired. Due to the
tremendous efficiencies of using the on -call PSA's, staff now recommends executing
SUBJECT: Geotechnical, Surv* And Mapping, Archeological, And Inspection On. Services - Approval Of Professional
Services Agreements
December 9, 2003
Page 2
new agreements with an expanded list of firms as listed in the Recommendations
Section above, that is - two geotechnical firms, three surveying and mapping firms, one
archeological firm, and two supplemental public works inspection firms. To reduce time
in preparing individual agreements for each CIP project, staff is recommending
negotiating with these select consultants to provide "as needed" services. Any other
firms that may be used would have individual agreements prepared for their work and if
greater than $30,000 they would be brought to Council for approval.
The City Council approved a Fiscal Year 2003104 City Wide Capital Improvement
Program (CIP), which totals over $33,000,000. More than 100 projects within the CIP
will require some sort of geotechnical and survey services as well as occasional
archeological or supplemental public works inspection services. These services are
paid for from the individual project budgets.
On -Call Geotechnical Firms:
Harrington Geotechnical and Leighton and Associates have performed geotechnical
services for more than 20 projects for the City over the past two years. The fee for their
services is typically under $5,000 to perform either soil and base compaction or asphalt
testing for a particular project. The firms have provided quality services to the City in
the past.
On -Call Survevina and MaDDina Firms:
Similar on -call Professional Services Agreements are recommended for surveying and
mapping services. All three recommended firms provide unique specialized services
that can be tailored to the C ity's i ndividual projects, 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. The
City surveyor is also involved with mapping, GIS coordination, and parcel map reviews,
as well as other duties. With the renewal of the On -Call Survey Services Agreements,
many of these services will be contracted with one of the above survey companies.
On -Call Archeological Services:
Archeological inspection and reports are required on a number of projects involving
excavation, most recently on the Newport Boulevard - Balboa Boulevard Rehabilitation
project and most projects in coordination with Caltrans. LSA has provided timely
inspections and reports on previous projects with the City.
On -Call Supplemental Public Works Inspection Firms:
Over the last two years staff has had to use two supplemental inspectors due to the
heavy project loads on our three full -time staff inspectors. Both inspection firms
proposed are recommended and Project Partners has provided inspection services to
the City in the last year.
SUBJECT: Geotechnical, Sumey*nd Mapping, Archeological, And Inspection On- Clarvices - Approval Of Professional
Services Agreements
December 9, 2003
Page 3
Standard On -Call Professional Services Agreement:
This is the standard agreement form that was recently updated by the City Attorney's
Office. The On -Call PSA with the geotechnical, survey, archeological and inspection
services firms is identical to the new standardized Professional Services Agreements
with the exception of Section 2 (Services to be Provided) and Section 4 (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 for an individual project will require a separate City Council action in
accordance with Policy F -14. The proposed On -Call PSA attached to this item, would
be effective through June 30, 2005.
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 Improvement Project.
Prepared by:
Submitted by:
R. Gunther, P.E. S h G. Badum
Construction Engineer Publi Works Director
Attachment: Sample Standard On -Call Professional Services Agreement
• 0 SAMPLE
PROFESSIONAL SERVICES AGREEMENT
WITH
FOR ON -CALL SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2003, by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "City "), and , a corporation whose address is
CA ( "Consultant "), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement an approximate $30 million dollar Capital
Improvement Program for FY03 /04.
C. City desires to engage Consultant to perform on -call
in various locations and for various City projects.
services
D. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to retain Consultant to render professional services under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the day of
2003, and shall terminate on the day of , 20_, unless
terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call' Support Services as
described in their Statement of Qualifications, attached as Exhibit "A ". Upon
verbal request from Contract Administrator, consultant shall provide letter
0 0
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. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. 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 identified in the letter proposals.
A letter proposal fee shall not exceed $30,000.00 without City Council approval.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employment who performed the
work, a brief description of the services performed and /or the specific task
in the Scope of Services to which it relates, the date the services were
performed, the number of hours spent on all work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay
2
! 0
Consultant no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. . Consultant has designated
to be its Project Manager. Consultant
shall not remove or reassign the Project Manager or any personnel listed in
Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld
with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Gunther shall be the Project Administrator and shall have the authority to act for
K,
7
73
0 0
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request
existing relevant information on file at
materials in a timely manner so as not
work schedule.
of its responsibilities under this
of Consultant, one copy of all
City. City will provide all such
to cause delays in Consultant's
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City s reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9
i 0
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
5
0 •
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
B. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
C. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
D. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
E. Coverage Requirements.
Workers' Compensation Coveraae. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
9
0 r,
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit
for each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
F. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
7
0 0
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. , The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
H. Additional Insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
L-1
• 0
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg° file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
a •
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and 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.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
10
• s
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF. INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or, participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
27, NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
R. Gunther
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3325
Fax: 949- 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Company:
Address:
Phone:
Fax:
11
u
28. TERMINATION
I-1
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
12
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govem this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LIM
LaVonne Harkless
CITY Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
CONSULTANT
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:l users 1pbwlsharedlagreementslblank -on -call services.doc
13
I.