Loading...
HomeMy WebLinkAboutC-4214 - PSA for On-Call Surveying Services0 -3— PROFESSIONAL SERVICES AGREEMENT WITH GEOMATICS TRANSPORTATION SERVICES, INC. FOR Z) ON -CALL SURVEY SERVICES THIS AGREEMENT is made and entered into as of this ldB''' day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corpo a 'on ( "City "), and GEOMATICS TRANSPORTATION SERVICES, INC., a California corporation whose address is 1655 E. 6th Street, Suite A -4A, Corona, California 92879 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has a need for on -call assistance for surveying services. C. City desires to engage Consultant to perform on -call survey services throughout the City on an as need basis ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Xico Salazar, PLS. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the June 30, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call' 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 'B" 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 0 times during the Agreement term. Consultant has designated Xico Salazar to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Dave Webb shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or the acts or omissions of its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of 0 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. s � B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers, All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. • • 4. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. • 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 • • such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be 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: 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. 61h Street, Suite A -4A Corona, CA 92879 Phone: 951 - 279 -1918 Fax: 951 - 279 -1881 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, • • county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. ('11\ APPROVED AS TO FORM: By: y e e uc mp, Assistant City orney for the City of Newport Beach ATTEST: By YZ e Leilani Brown, City Clerk�®®��®® ®n1EWpr**%1 U' �PC) RS CITYNEC\ RT Ib EACH A Mu ci al do iorati n / /1 Edward D. Selich, Mayor for the City of Newport Beach CONSULTANT: RieH , DAA President By: Treasurer Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates m � vo D • i 0 Geomatics Transportation Services, Inc. %V Who is GTS: Geomatics Transportation Services, Inc. (GTS) is a full service, minority owned, Surveying & Mapping firm founded in 2000. The founding principals are former employees of the Orange County Survyor's office, one of which was a Deputy County Surveyor. Our firm specializes in providing our services to the public sector such as cities, counties, water and flood control districts, transportation authorities, Caltrans, and school dis- tricts. We provide aerial mapping services, control networks, boundary and right of way, topographic and util- ity surveys, and construction staking. GTS is a Certified DBE with the California Unified Certification Pro- gram (CUCP) and an SBE with the California Department of General Services. Qualifications: GTS is a mid sized Surveying firm with strong qualifications to lend to your team including: • Expertise — GTS specializes in providing our services to the public sector, often On -Call contracts, that include bound- ary/right -of -way engineering as well as map checking. • 40% of our staff is comprised of under represented groups • 25% of our staff are Licensed Land Surveyors • Survey Manager who has been managing large public sector projects throughout California for inure than 20 years. • Licensed Staff— Four California licenses and t.vo Nevada licenses • Cadastral Surveys for rights of way for: roadways/highways, railways, flood control channels, transmission lines which include township and sections retracements • Light Rail - BART, MTA, VTA • Airports — Oakland, LA World Airports, San Bernardino, McClellan • School Districts - Providing services to 5 districts Why choose GTS for your Land Surveying needs: Over the past nine years GTS has been building a first rate agency and transportation support group to provide quality surveying services to state and local agencies, and school districts. Our business plan is 90% public sector survey support. GTS brings our experience working for many agencies in Southern California such as , the Port of Long Beach, ACTA, MTA, local agencies such as the County of Riverside, Cities of Palmdale, Coachella, and the San Bernardino Airport. In addition we have been under contract with 5 school districts. Many of these contracts have been on an on -call ba- sis. Please call us so we can assist you with your Surveying needs. Corona(951)279 -1918 • • Geomatics Transportation Services, Inc. Richard P. Ray PLS Principal Registration 1990 /Land Surveyor/ California No. 6390, Expiration 12/31/10 Experience Education Societies Experience Mr. Ray has 32 years experience in the surveying profession in California, including 20 in the private sector (8 years with GTS), as well as 12 in the public sector. Rich moved back to Southern California in 2007 and is the managing principal for the Corona office. He understands the requirements and procedures of managing the mapping and right -of -way engineering aspects of a PSR and PS &E contract as it relates to Caltrans Standards. Rich has been the project surveyor or task order manager on 28 PSR and PS &E contracts for GTS over the past 8 years. His transportation experience began in the late 1980's and was enhanced as Deputy County Surveyor at the County of Orange. Since leaving the County, during the bankruptcy 13 years ago, he has focused on transportation surveying for URS Greiner and GTS. Rich has been managing our local Surveying and Mapping contracts with MWD, the Port of Long Beach, SANDBAG, Huntington Beach Union High School District, and the San Bernardino Airport Improvement Program. In addition, he is the principal —in- charge for a number of projects we are working on in the Bay Area including the City of San Leandro, and the Contra Costa County Surveyor contract. Mr. Ray is a past member of the Board of Registration L.S.TAC, past CLSA Liaison to the Board of Registration, as well as a former California Governor to the National Society of Professional Surveyors. AA Degree/ Civil Engineering Technology/ 1976/ Fullerton College NSPS, IRWA, CLSA, APWA, COMTO Palmdale Airport Boundary Record of Survey and Parcel Map of 1,700 Acre Facility, LA WA, CA Surveyor responsible for quality control for this 65 sheet Parcel Map for this 1,700 acre LAWA facility for the Palmdale Airport site. This project included hundreds of easements and the consolidation of the number of parcels the airport had acquired over the past 35 years. GTS also assisted Hall and Foreman with the 52 sheet Record of Survey by reviewing calculating the locations of the easements from the title report exceptions. Division 11 Rail Yard Expansion Construction, Blue Line, Stacy& Witbeck Inc., Long Beach, CA Survey Manager for this design build contract. MTA is expanded this 15 year old facility, adding a couple of spur rails, realigning existing spurs to make way for the new spurs, adding utilities and rerouting others as well as expanding one of the service buildings. Rich will oversee the utility location phase, and the construction staking. Surveying, Mapping, and Boundary, LPA Architects, Arcadia Unified School District, Arcadia, CA Project Surveyor for this five campus project. Aerial mapping control by GPS methods, aerial mapping at a scale of V'= 40', conventional ground surveys and cross sections, finish floor elevations at each class room door, building corners, hardscape, utility surveys, athletic fields grid elevations, etc. Geomatics Transportation Services Inc. Richard P Ray, PLS 0 0 Geomatics Transportation Services, Inc. Richard P. Ray, PLS Principal MWD Cross Connection Topographic Surveys, Orange and San Diego Counties, CA Survey Manager for post - processing of the field crew electronic data collection in MicroStation and InRoads format. Over 120 sites were delivered delivered to MWD on -time and on- budget San Bernardino hiternational Airport IVDA —Del Rosa Drive, Harry Sheppard Boulevard, Leland Norton 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 Survey Manager for this phase of the project. Responsibilities include scheduling multiple crews, performing office calculations for construction layout, checking lieldnotes and distributing them to the resident engineer, etc. Pier B Rail Facility Infrastructure Program, PS &E, HDR, Port of Long Beach, CA Principal -in Charge as well as QC functions of the surveying tasks for this engineering design project for the Port of Long Beach which includes the 91' Street grade separation, North Harbor access, diesel locomotive fueling facility, and a rail operations plan. This project is underway and GTS is responding to the second task order. BART Measure AA Earthquake Safety Program, On -Call, PS &E, Retro Fit, Oakland, California Survey Manager for the first contract awarded under the Measure AA Earthquake Safety Pro rg am GTS performed all the control, aerial control, and detail design and utility surveys at all BART crossings within the City of Oakland. The project limits consist of two separate segments of the BART line running through the City of Oakland, including the vibro - compaction study along the BART tube. The first segment is elevated along the entire length from the portal to Martin Luther King Blvd, approximately 2.7 miles. The second segment was mapping 19 crossings from 27th Street to the Berkeley Tunnel. The topographic mapping was delivered on schedule LACMTA Surveying and iVapping Services,for Contract PS- 4310 - 1268 -1, On -Call, LA County, CA Survey Manager of this fixed price task order driven "Bench Contract." GTS assignment is to provide mapping, control, right -of way engineering, boundary, QA/QC surveys, construction control and staking, as well as provide field and office personnel on an as needed basis. Highway 71 Near Prado Dam, Santa Ana River Project, Orange County Surveyors Office, California This project was collaboration between the Orange Survey Surveyors Office (OCS) and Caltrans District 8. It was unique in the respect that because Caltrans did not have the staff to take on this project, and they were not allowed to contact out to the private sector, we struck a deal to do the ROWE and later the construction staking. Rich was instrumental in negotiating the MOU between the agencies and managed the county ROWE efforts, to Caltrans Standards, for this 3 -mile portion of highway. Geomatics Transportation Services Inc Richard P. Ray, PLS • 0 Geomatics Transportation Services, Inc. Xico Salazar, PLS Survey Manal?er Registration Experience 1984 California Professional Land Surveyor No. 5507 Expires 9/30/10 Mr. Salazar, Regional Manager, has 32 years of surveying and mapping experience working in Southern California including highway, railroad and LRT, design surveys, Photogrammetry, construction, right -of -way engineering, hydrographic, boundary, subsidence, telecommunications, and underground (mines and tunnels) surveying. He also has experience in large area mapping, subdivisions, ALTA, control, and topographic mapping. Having been a principal of a firm and Licensed Land Surveyor, with 22 years of responsible charge experience, Mr. Salazar has worked on, or supervised, every aspect of projects from the beginning estimating through the final delivery to the client, including procuring projects, coordination, budgeting, client interaction and QA /QC. Xico and Rich Ray, GTS Vice President, have been working together off - and -on since they were field surveyor's for the Port of Long Beach in 1982. Societies CLSA, IRWA Education Escuelas Internacionales de la America Latina, Mexico City. Diploma Land Surveying and Mapping 1971. Defense Mapping Agency, Inter - American Geodetic Cartographic School, Canal Zone, Panama Diploma /Photo grammetry/ 1974 Proieet Experience (as Survey Manager) Transportation Corridor Agencies - Toll Road 241 widening, Oso Pkwy to Bake Dr. f10 miles Sub Consultant to HDR, Inc. This project included control, aerial mapping for entire project, design surveys for every on -ramp & off -ramp, detailed surveys for every bridge structure within the project. City of Riverside, California — Chicago Avenue/Columbia Avenue /Iowa Avenue Street Improvements Sub Consultant to DMJM Harris — Project included Design Surveys and Aerial Mapping for t3.0 miles of streets and railroads, right -of -way and boundary determination along project and preparation of legal descriptions for R/W takes and TCE's. City of Tustin, California — San Juan Street, Orange Street and Walnut Street Improvements Design surveying and mapping to be used as the basis for the preparation of Street Improvement Plans, Construction Staking. City of Norwalk, California- Proposed Metro Rail Train Station and Railroad Upgrades This project included aerial mapping, extensive as -built surveys for existing streets and railroad tracks, boundary and right -of -way determination, design surveys for proposed train station area and the filing of a Record of Survey. Geonratics Transportation Services, Inc. Xico Salazar. PLS • 0 Geomatics Transportation Services, Inc. Xico Salazar, PLS Survey Manager ACTA Alameda Corridor Transportation Authority —Pacific Coast Highway Grade Separation Sub Consultant to HDR, Inc. Project included detailed measuring and depiction of substructures, extensive design surveys and pot hole surveys over a 70+ acre area, to be used as the basis for the design of a 0.5 mile bridge overpass. Pier B Rail Facility In f rastructure Program, PS &E, HDR, Port of Long Beach, CA Survey Manager of the surveying tasks for this engineering design project for the Port of Long Beach which includes the 9'h Street grade separation, North Harbor access, diesel locomotive fueling facility, and a rail operations plan. This project is underway and GTS is responding to the third task order. City of Palmdale California- Avenue "P "/Rancho Vista Grade Separation Sub Consultant to LAN Engineering. Project included Ortho Photography, Aerial mapping and design surveys for ±6.6 mile long corridor and intersecting streets, monument recovery, street alignments, right -of-way determination and preparation of plats and legal descriptions for R/W lakes. Design Surveys are in progress Caltrans District 12 - Interstate 5 @ Loava Street Southbound Off -Ramp. ±172 Acres Sub Consultant to Parsons Transportation Group. This project included control, aerial mapping, boundary and right of way determination, legal descriptions for parcel takes, design surveys along existing freeway and proposed off -ramp area including drainage and bridge structures. City gfMoreno Valley, California — Pigeon Pass Road Widening Sub Consultant to HDR, Inc. Project included Control, Aerial Mapping for a ±2.6 mile long corridor, Design Surveys for corridor and intersecting streets, right -of -way /boundary determination for entire project and preparation of legal descriptions for R/W takes, Construction, Drainage, Slope, Access and Ponding Easements. City of Irvine, California- Widening of the Laguna Canyon Road Bridge over the 405 Freeway Sub Consultant to LAN Engineering. Project included aerial mapping for a 1-146 acre area, design surveys along Laguna Canyon Road between Quail Hill Parkway and Alton parkway, as -built surveys of existing bridge and freeway roadway, utilizing reflectorless measuring technology, preparation of legal descriptions and plats for slope easements, stake out proposed slopes and pot hole survey. Inland Valley Development Agency San Bernardino Airport — Del Rosa Drive, Harry Sheppard Boulevard, Leland Norton: Way and Rialto Avenue Street Improvements Sub Consultant to Cordoba Corporation - This ongoing project includes aerial mapping, design surveys, control for construction phase, boundary and right of way determination, and as -built existing parking lots. This project is now in the construction phase with GTS providing the construction staking for the roadway improvements. Xico is overseeing this work Geomatics Transportation Services Inc Xico Salazar. PLS EXHIBIT B Geomatics Transportation Services, Inc. BASIS OF COMPENSATION Professional Services Hourly Rate Schedule Project Surveyor ............................... $135.00 Senior Surveyor . ............................... $125.00 Surveyor ......... ............................... $120.00 Assistant Surveyor ........................... $112.00 Senior Survey Technician .................. $105.00 Cadd Speciaisl ............................... $102.00 Cadd /Survey Technician.. .................. $90.00 Survey Aid IL .... ............................... $75.00 Clerical ........... ............................... $44.00 2 -Man Crew. .................. .... ...... .... $218.00 3 -Man Crew. ............................... $287.00 Travel Time $170.00 OVERTIME @ 129 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 is 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) 2AI0691nents and SettingsWiulLocal Settingskremporary Internet FileslConlent .OuHook \9UQGGMXOIGTS 2009rates CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 May 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Dave Webb, Deputy Public Works Director 949 - 644 -3328 or dawebb @city.newport - beach.ca.us SUBJECT: SURVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. AND PROFESSIONAL SERVICE AGREEMENT WITH GEOMATICS TRANSPORTATION SERVICES, INC. RECOMMENDATIONS: 1. Approve Amendment No. 2 to Professional Services Agreement with Coast Surveying, Inc., for on -call surveying and mapping services and authorize the Mayor and City Clerk to execute Amendment No. 2. 2. Approve Professional Services Agreement with Geomatics Transportation, Inc., for on -call surveying and mapping services and authorize the Mayor and City Clerk to execute the Professional Services Agreement. DISCUSSION: On August 15, 2007, the City Council approved a Professional Services Agreements with Coast Surveying, Inc. to provide as needed on -call professional surveying and mapping services that may be required for any Capital Improvement Program (CIP) projects. On May 8, 2008, the City Council approved Amendment No. 1 to the Professional Services Agreement with Coast Surveying, Inc. and the term was extended to June 30, 2009. On -call agreements allow staff to retain specialized services that are regularly required for various projects, at fees that are set for a two year period of time. On -call agreements were developed to avoid the need to enter into a great number of small but time - consuming Professional Services Agreements (PSA) between the City and the consultants to accomplish these on -going project tasks. Staff recommends extending the term of each PSAs by two years (June 2011) and updating the hourly rates as shown on the attached PSA exhibits. The Fee Schedules are also updated. Survey On -Call Services - Approval Professional Services Agreements May 26, 2009 Page 2 Coast Surveying, Inc. has provided exceptionally high quality service for the City on numerous projects over the years. These services include design surveys, photo control, aerial mapping, construction staking, centerline surveys, Corner Records and Record of Survey. Some of the projects that Coast Surveying, Inc. worked on include the Avon/Tustin /Oceanview Rehabilitation, Corona del Mar Streets, Dover Avenue & Westcliff Rehabilitation and Marina Park Parcel Map. Geomatics Transportation Services, Inc. is a mid -sized surveying and mapping firm with strong qualifications. Founded in 2000,by former employees of the Orange County Surveyor's Office, the firm provides aerial mapping services, control networks, boundary and right of way, topographic and utility surveys and construction staking. Rates included in the agreements are competitive and in line with industry standards. The new fees for various services are either unchanged, or are approximately 7 -10% higher than 2007. Please refer to the attached table for rate comparisons. The above recommended firms provide unique specialized services that can or continue to be tailored to the City's individual projects. Funding Availability: Funds for these services are available in specific project accounts within the City Council approved Capital Improvement Program. Environmental Review: Environmental clearances will be completed for each Capital Improvement Project. Prepared Deputy Public Works Director Submitted by: Attachment: Amendment No. 1 to Agreement with Coast Surveying, Inc. Professional Services Agreement with Geomatics Transportations, Inc. Rate Comparisons Table COAST SURVEYING, INC. Position 2007 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Project Management $145 $156 $11 Project Surveyor $123 $133 $10 Survey Technician $97 $104 $7 Clerical and Delivery Service $56 $60 $4 2 Person Survey Party w/ Equipment $220 $241 $21 Frson Survey Party w/ Equipment $286 $312 $26 Receivers (minimum ofthree) $100 /day /receiver $100 /day /receiver $0 Amount Expended 6/2007- 6/2009 A Street at Balboa Blvd. $ 909.00 Avon & Santa Ana Slope $ 3,567.00 Avon /Tustin /Oceanview Rehab $ 13,578.00 Coast Highway /Seaward to Morning Canyon $ 9,539.50 Corona del Mar Streets $ 24,032.30 Dover Ave & Westcliff Rehab $ 28,226.00 Gateway Signs Survey & Easement Services $ 2,411.75 Marina Park Electrical Line $ 609.00 Marina Park Parcel Map $ 29,628.00 River Ave. Survey $ 6,369.00 Westcliff - Sidewalk Curb &Gutter $ 7,640.00 Total $ 126,509.55 GEOMATICS TRANSPORTATION SERVICES, INC. Position 2007 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Project Surveyor N/A $135 N/A Senior Surveyor N/A $125 N/A Surveyor N/A $120 N/A Assistant Surveyor N/A $112 N/A Senior Survey Technician N/A $105 N/A CADD Specialist N/A $102 N/A CADD /Survey Technician N/A $90 N/A Survey Aid II N/A $75 N/A Clerical N/A $44 N/A 2 -Man Crew N/A $218 N/A 3 -Man Crew N/A $287 N/A Travel Time N/A $170 N/A * On -Call Survey Agreements with Advanced Survey Concepts, Inc. and Bush & Associates, Inc. will expire in June 30, 2009. These Agreements will not be renewed. AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. FOR ON -CALL SURVEYING SERVICES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and COAST SURVEYING, INC., a California Corporation whose address is 15031 Parkway Loop, Suite B, Tustin, California 92780 -6527 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On August 15, 2005, CITY and CONSULTANT entered into An On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for surveying services for the City on an as need basis, hereinafter referred to as "PROJECT ". B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, dated May 8, 2007. C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to June, 30, 2011, D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Consultant shall be compensated for various services performed pursuant to AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May 8, 2007, attached hereto respectively as Exhibit 1. 2. Consultant's compensation for services performed, including all reimbursable items and subconsultant fees, as identified in the Letter Proposal, shall not exceed $50,000 for each Project. 3. Compensation to the Consultant for services performed pursuant to this AMENDMENT NO. TWO for all work performed from July 1, 2009 to June 30, 2011, including all reimbursable items and subconsultant fees, shall be based on the Schedule of Billing Rates, attached hereto as Exhibit 2. 4. The term of the AGREEMENT shall be extended to June 30, 2011. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: By: ynet AeD e ch mp Assistant City At orney for the City of Newport Beach ATTEST: as Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation In Edward D. Selich Mayor for the City of Newport Beach COAST SURVEYING, INC. By: Ruel del Castillo, President M Rue] del Castillo, Treasurer Attachments: Exhibit A — Amendment No. One for On -Call Traffic Engineering Services Exhibit B - Schedule of Billing, Rates AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. FOR ON -CALL SURVEYING SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this g,4— day of _ 2007, by and between the CITY OF NEWPORT BEACH, a municipal coyporation, (hereinafter referred to as "City ") and COAST SURVEYING, INC. a California corporation whose address is 15031 Parkway Loop, Suite B, Tustin, CA 92780 -6527 ( "Consultant "), and is made with reference to the following: RECITALS A. On August 15`t', 2005, CITY and CONSULTANT entered into a On -Call Professional Services Agreement, hereinafter referred to as "Agreement", for Surveying Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on June 30th, 2007_ B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30t', 2009. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform various surveying services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 25, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant for services performed pursuant to this Amendment No. 1 for all work performed from July 2, 2007, to June 30, 2009, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: _ ( . cq__._� Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: Ata A 'J City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Y Mayor for the City of N rt Beach jr Plot &MIN- Title: Presidennt��,` �! h Print Name: Rau, � �S�(,t.� Print Him Title:- CFO / & Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f: lusers\pbwlsharedlagreementslfy 07 -081on -call serviceMCoast Amendment.doc COAST SURVEYING, INC. 15031 PARKWAY LOOP, SUITE B TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (7141918-6277 www.coastsurvey.com April 25, 2007 City of Newport Beach EXHIBIT A 3300 Newport Boulevard Newport Beach, CA 92658 Attention: Michael Sinacori, P.E. Re: On -Call Surveying Services Dear Mr. Sinacori: INTRODUCTION Coast Surveying, Inc, welcomes the opportunity to submit our proposal to provide On -Call Surveying Services to the City of Newport Beach. Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in August 1981 and remains so today with 100% of our business being surveying and mapping. As a result of our emphasis on surveying and mapping, we are better equipped and better trained than most firms offering those services. With our top of the line equipment, trained personnel and principals and key employees having many years of both field and office surveying experience, our firm is ideally suited to provide services on a wide variety of projects. Our business operational strategy of pubic agency focus has enabled us to work successfully with numerous public agencies on various type projects throughout southern California. We have developed an excellent working relationship with staff from the agencies that we work with. Our philosophy is based upon client satisfaction with a public agency focus. Coast Surveying, Inc. is also a Small, Disadvantaged Business Enterprise. We believe this team to be exceptional in its experience and capability. We have all of the necessary resources and expertise to complete this project, to City of Newport Beach standards, on time and within budget. COMPANY PROFILE Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty -six years of surveying, mapping and right of way engineering experience working on projects in southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and 12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Port of Los Angeles; San Diego Unified Port District; as well as numerous private engineering companies. COAST SURVEYING, INC. 15031 PARKWAY LOOP SUITE B TUSTIN, CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277 www.coastsurvey.com About 95% of our work is for governmental agencies, including: federal, state, local, transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a Certified DBE firm and is a financially stable firm with 18 employees currently. Recently, we have been providing various types of surveying services to the City of Newport Beach, including design surveys, photo control, aerial mapping, construction staking, centerline surveys, Corner Records, and Record of Survey. We currently have an on -call contract with the City of Garden Grove to perform survey services, a contract with the Los Angeles County Metropolitan Transportation Authority, a contract with the County of Orange to provide map checking services, a contract with the County of San Bernardino to provide survey services, and an on -call right of way mapping contract with the County of Los Angeles, Department of Public Works. We are currently checking legal descriptions for the City of Tustin and have been performing design surveys and map checking for the City of Seal Beach through W.G. Zimmerman Engineering. As a subconsultant, we have been providing design surveys, aerial mapping, construction staking and /or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine, Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and San Clemente. Also as a subconsultant, we have been providing design surveys, aerial mapping, construction staking and /or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos Verdes, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale, Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans District 7 and Caltrans Headquarters Structures. DESCRIPTION OF SERVICES PROVIDED Design Surveys for Various Public Works Projects Photo Control and Aerial Photogrammetric Mapping Topographic Surveys and Boundary Surveys Centerline Surveys and Centerline Ties Corner Records and Records of Survey Preparing /Reviewing Legal Descriptions and Sketches Preparing /Reviewing Subdivision Maps — Tentative & Final Construction Staking for Various Public Works Projects 2 COAST SURVEYING, INC. 15031 PARKWAY LOOP, SUITE B. TUSTIN CA 92780 -6527 (714) 918 -6266 FAX (7141918 -6277 EXHIBIT B CITY OF NEWPORT BEACH ON -CALL SURVEYING SERVICES SCHEDULE OF HOURLY RATES JULY 1, 2007 to JUNE 30, 2009 Project Management Project Surveyor Survey Technician Clerical and Delivery Service 2 Person Survey Party w /Equipment 3 Person Survey Party w /Equipment $145.00 . 123.00 97.00 56.00 220.00 286.00 - GPS Receivers (minimum of three) - $100.00 1day /receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. AT COST DATE URDR CERTIFICA . E OF LIABILITY INSUII -ANCE 520 Dealey, Renton & Associates P. O. Box 10550 nta Ana, CA 92711 -0550 .4 427 -6810 INSURED Coast Surveying, Inc 15031 Parkway Loop, Suite B Tustin, CA 92780 -6527 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: United States Fidelity & Guaranty INSURER e: Travelers Casualty &Surety Co of Amer INSURER C: St. Paul Fire & Marine Ins. Co. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION -OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ITR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDlYI' POLITY EXPIRATION DATE MMlDDlYY LIMITS _ A GEEINERALLIABILITY BKO1901237 09/18/06 09/18/07 EAa +DCCURRENGE $1000000 FIP,E DAMAGE (Any onefre) MED EXP(Any one person) 82000,000 — �X COMMERCIAL GENERAL LIABILITY CLAIMS MADE LX_I OCCUR Gen. Liab. policy excludes claims $10000 PERSONAL & ADV INJURY $1 000 000 arising out of the _ GENERAL AGGREGATE E2 000 000 performance of GEN'L AGGREGATE L IM IT APPL IES PER PRODUCTS COMPIOP AGG 52000000 prof. services POLICY PRC,T- LOC A AUTOMOBILE LIABILITY IBKO1901237 r ANY AUTO P 09116/06 09%18/07 COMBINED SINGLE LIMIT (Ea an ideM) $2,000,000 BODILY INJURY (Per person! E IF ALL OWNED AUTOS SCHEDULED AUTOS I%( I HIRED AUTOS X NON.OWNEDAUTOS ,_.—J BODILY INJURY (Per accitlenp PROPERTY DAMAGE (Per accidem) E __- E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC _ b ANY AUTO _ $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE E _ E _ DEDUCTIBLE $ RETENTION E B WORKERS COMPENSATION AND XSUB5585Y44707 02/12/07 02/12(08 X We STAru- oTH- E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY I E.L. DISEASE -EA EMPL OYEE 31,000,000 f E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional QP03801139 09118106 09118/07 $1,000,000 per claim lability $1,000,000 arm( aggr. !aims Made DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: On -Call Surveying Services. Job #P103110 The City of Newport Beach, its officers, employees and volunteers are Additional Insured as respects as respects to general liability as required by written contract. Waiver of subrogation applies for Workers Compensation. City of Newport Beach Public Works Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 ACORD 25 -S (7197)1 of 1 #S1939631M186808 LID ANYOF TH E MOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER MKXRKKXXM TOMAff-3f) OAYSWRRTEN ETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFTJtKECxMOVAXK)CO*QOOMK JMC a ACORD CORPORATION 1988 BKO1901237 Co, surveying Inc. `TAR.MDdRSWERT THANGS-SHE POUCY; PUASE READ ff CAR H LLY, 1fif& endorsement modifies 4FI FR nmp mvid ed under der the followinT LIAROTY UOAHA15E PART- The following replaces the final paragraph of (a. negligenm or SECTROINILWHOAS AN (NSUREU,. 1.: Hov , var; no ' We ' Persm, of bT6M26tion is An insured ,6,otb mapatto tfid-001juit of any -OurrOnt I or past partner ifs, joint vehtum limited liability that is Abl.bbWnr as a 14a tid P in the Lial3jlity Coverage Part lot your partigrpst oa in any past of pre'som unnamed jaint- venture" or if Thai person of Otgan"W00i is 6thor"te th insured Oder F�� Wow vmm'* 090*00w. Weill" Coft"t Mlywpw-sw, or" 4w, "m Agm- to, Argm m, -lypu e PPIVB.MRP Raft" in a, W*w wflimd er 09 1 it, M#d Vi'lla E000 fli p, tw, Ww kkOff or *qmr,"tv mt4e- =-IAs -o'T, -tB mehse v4k rmw6s the m iqwyy�wlz ., 1 - ' J ', - r r i- Ar$M.9 Injury, is Own first. wrPrOlRedibumnly-with respetstlta that erj-4 mo°,Oiit of or. orgaBIZO m -Ro W&6r,.-bith Peabhbr UrgW2&ion is,.Iot V' insured VOM48% to 81W. TOdliy i4j.Qrif *.PrQP9q. darha 'personal :{n w qr Wqvrfi Qg FT49 that dUftb&ddge out:bf-- organisation: Ur whom, you, are qu y''. pied" dw*l- persprral Injury 0 ' 8 — Injury? , - ,jury r 4WPrtyPffT for which stint Parson ZSon ' 0 "' r4 Beg difii6flds, .hat awsurned Wbilft, in' 'a co ma w agreement, 'except, for liability for w4y, pweA, U4 9f. qwg is. W: Npoqq w vw& suds. � 00 1w a zomanf,mlbw is.. :aw., wp� , v 'Ptopqrry 40magir, "personal di. . UTZ pr fall,:re:p such art 9. The fO1qwqg is Zd'* M SW Qh 11. -W. 19 AN INSURElY CU9F2E,iD9.09Z3 WdlU.dm:0PPViF94f6d inatmitl of, insurance p�Www, Pv I -gs lqo�lahce spm.icqlqfrlce4 Ift. 20% *11MCEITU0401"OlEfOre" yw AN an inwro far ym par , tomflap at any lJa§t*'jitb 'Uflrfamaljoffit vtfAwre, HJW'Bverf,you Arb-mt an imed -if: the ':unnamed. a. D+recY,e+aplgj?iii,s;.or b. Dwns' rears; orlffAwg 34Y F61 of personal Property No other member or partrver, or their spouses, at any past or present -umanted1joint vpnture' is.an insured, 4. The following replaces SECTION Ill. LIMITS OF HABILITY, 2. h.: b. VJtll I p sumof Ali: (1) Dftaq'!"'ec'bsi0"b'dllrVifij " d pfofrairy damage ", rndQr SECTION I. ury an :COVE-I1#.l3E,j A. U.0 114V ahova:an i. (Y) Medical P-Mem f6r "bodilty. 10 11 ny" P under tlEDTIUV L CMERAM B. arisibg' unit of each Idifilldn; ljst$d !A 66 'a6h0tito al ftln� or IMW- 'be fallowog replages v mrm- x. opt D'. , S' fb-W644 :Wft iftsueafte Will "be insunad m4etr)ECmJDN 11, WITO I.S-AN %NW40h :lt': ZafrWri' Additibrial fugWit'g, Bf toomtfg dr. f b1 psmwxts' ti omow insu,ranue.' -This,--ittsunanup .0-mq i4wrAmt for damage`. personal rgi1ty- or ifimpue applies and thatafe inoarrad UY st(th- otaften at organization. and: W.'e will ngrshace those damages= wlthaueh "met insoraftce. 6. The Ifillowng is added to SECTION IV- ebublTrorgs, b. Excess Insurtink: This insurance is excess aver any "other insurance" Athether Primary, excess, Wintingent at an any other basis that is available to you lot your participation-in any past ,oi presW 7. 'The following is, addiA, to SIMON, JV: And ProopexIvAgainsvOthers Tv Us: HWA-wil We Waive any right of recovery and pmaBddls W& may hive: against any person or organization that is a4dec7-as an add 4ifirtal icomfed under the Paragraph Ntsqp 0 1 r Org'arvii,aflon 1131141AF641 4. Written Edrdradvolf SECTION 111. 'WHO it A I REv'.'t: We now Nr wq our WON. iq wl g 4 Muttons r 0*04 'm Ana iW� 0fleft a wntfo vintart at tie.. Apragge GA'Pf$ 10 -%iln 489W a. Vito -spadfi6dHY agree ib :tijbft itdjjttab cgrtkraet or 4gm of famVery and proceeds lvr-such Per'sonsof B. Tiife VIDWAft at :gilded to SEC-1:10,N V, bEFIN[T.,1645; aolfitr�tt dr axpemOnt- inmanaptoo fqsf bP7 atg nett- co itzilfOWN WIN ifidn 11her CV58:00m frdud coMightoil4roteriat of Im"m 8 jpesaffj,-w . . . 8 .Urre d- , 'means my *Vvernre Beaty a. EA A6 maq one of yrfiff wvarituies in brat , imt Urg s ea jthit6ctunEll. ergineera vM: i gar_s ereyihg fir h. named in the bablilly 'Your *61isee 60as any pralmses; site, Of location ownediaroccupidd.by, or rented to, you. .Y.bur prajud': a. Means any premises. site or location at, on, or in whicV'your work' is not yet completed, and h. Does not include. "your premises' of any Oda-tmNiMhn the Schedule of Premises. All-bibbeterft flfrybuf pufficy remain the same. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. XSUB5585Y44707 Issued to Coast Surveying, Inc By: Travelers Casualty &Surety Cc of Amer Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach On -Call Surveying Services. Job #P103110 Public Works The City of Newport Beach, its officers, Attn: Shauna Oyler employees and volunteers 3300 Newport Blvd. Newport Beach, CA 92658 WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY.WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. WC 04 03 06 Countersigned by (Ed. 4 -84) Authorized Representative h= d= o o� e m 0 o^ TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001 POLICYNUMBER: (XSUB- 5585Y44 -7 -07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 mium otherwise due on such remuneration. Person or Organization ALL PERSONS OR ORGANIZATIONS THAT REQUIRES YOU TO OBTAIN TH UTED THE CONTRACT BEFORE THE L DATE OF ISSUE: 01 -10 -07 ST ASSIGN: Schedule % of the California workers' compensation pre- Jab Description THAT ARE PARTIES TO A CONTRACT IS AGREEMENT PROVIDED YOU EXEC OSS Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5 -30 -07 Dept. /Contact Received From: Shauna Oyler Date Completed: 6 -4 -07 Sent to: Shauna By: April Walker Company /Person required to have certificate: GENERAL LIABILITY Coast Survevine Inc. A. INSURANCE COMPANY: United States Fidelity & Guaranty B. AM BEST RATING (A: VII or greater): A+ XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2 mil agg/t mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: United States Fidelity & Guaranty B. AM BEST RATING (A: VII or greater): A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 2 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. flitit[�I:�:(Z.q[K�[�P A. INSURANCE COMPANY: Travelers Casualty & Surety Co. B. AM BEST RATING (A: VII or greater): A+ XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No COAST SURVEYING, INC. 15031 PARKWAY LOOP SUITE 13 TUSTN CA 92780 - 6527 '714) 918 -6266 FAX (714) 918 -6277 CITY OF NEWPORT BEACH SCHEDULE OF HOURLY RATES FOR SERVICES PERFORMED BY OUR COMPANY - 2009 through 2011 Project Management $156.00 Project Surveyor 133.00 Survey Technician 104.00 Clerical and Delivery Service 60.00 2 Person Survey Party w /Equipment 241.00 3 Person Survey Party w /Equipment 312.00 GPS Receivers (minimum of three) - $100.00 /day /receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. AT COST PROFESSIONAL SERVICES AGREEMENT WITH GEOMATICS TRANSPORTATION SERVICES, INC. FOR ON -CALL SURVEY SERVICES THIS AGREEMENT is made and entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and GEOMATICS TRANSPORTATION SERVICES, INC., a California corporation whose address is 1655 E. 6th Street, Suite A -4A, Corona, California 92879 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has a need for on -call assistance for surveying services. C. City desires to engage Consultant to perform on -call survey services throughout the City on an as need basis ('Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Xico Salazar, PLS. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the June 30, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Calf' survey services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Consultant shall provide a letter proposal for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include the following: A. A detailed description of the services to be provided; B. The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the services; and D. The time needed to finish the specific project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. A. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a separate Professional Service Agreement approved by per Council Policy F -14. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and/or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff: 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Xico Salazar to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Dave Webb shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or the acts or omissions of its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing . produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for,damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under, this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Dave Webb Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3311 Fax: 949- 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Xico Salazar Geomatics Transportation Services, Inc. 1655 E. 6`h Street, Suite A -4A Corona, CA 92879 Phone: 951- 279 -1918 Fax: 951 -279 -1881 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it. and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: yne l) ehuc mp, Assistant City i orney for the City of Newport Beach ATTEST: M Leilani Brown, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Edward D. Selich, Mayor for the City of Newport Beach CONSULTANT: By: Richard P. Ray, President Richard P. Ray, Treasurer Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates �r Geomatics Transportation Services, Inc. %V Who is CTS: Geomatics Transportation Services, Inc. (GTS) is a full service, minority owned, Surveying & Maooing fine founded in 2000. The founding principals are former employees of the Orange County Survyor's office, one of which was a Deputy County Surveyor. Our firm specializes in providing our services to the public sector such as cities, counties, water and Flood control districts, transportation authorities, Caltrans, and school dis- tricts. We provide aerial mapping services, control networks, boundary and right of way, topographic and util- ity surveys, and construction staking. GTS is a Certified DBE with the California Unified Certification Pro- gram (CUCP) and an SBE with the California Department of General Services. Qualifications: °'i)' • GTS is a mid sized Surveying firm with strong qualifications to lend to your team including: Expertise — GTS specializes in providing our services to the public sector, often On-Call contracts, that include bound - arylrigh[ -of- -way engineering as well as map checking. • 40% of our staff is comprised of under represented groups • 25% of our staff are Licensed Land Surveyors • Survey Manager who has been managing large public sector projects throughout California for more than 20 years. • Licensed Staff— Four California licenses and two Nevada licenses • Cadastral Surveys for rights of way for: roadwaysihighways, railways, flood control channels, transmission lines which include township and sections retracements • Light Rail - BART, MTA, VTA • Airports — Oakland, LA World Airports, San Bernardino, McClellan • School Disu icts - Providing services to 5 districts Why choose GTS for your Land Surveying needs: Over the past nine years GTS has been building a first rate agency and transportation support group to provide quality surveying services to state and local agencies, and school districts. Our business plan is 90% public sector survey support. GTS brings our experience working for many agencies in Southern California such as , the Port of Long Beach, ACTA, MTA, local agencies such as the County of Riverside, Cities of Palmdale, Coachella, and the San Bernardino Airport. In addition we have been under contract with 5 school districts. Many of these contracts have been on an on -call ba- sis. Please call us so we can assist you with your Surveying needs. Corona(951)279 -1918 Geomatics Transportation Services, Inc. Richard P. Ray, PLS Principal Registration 1990 /Land Surveyor/ California No. 6390, Expiration 12/31/10 Experience Education Societies Experience Mr. Ray has 32 years experience in the surveying profession in California, including 20 in the private sector (8 years with GTS), as well as 12 in the public sector. Rich moved back to Southern California in 2007 and is the managing principal for the Corona office. He understands the requirements and procedures of managing the mapping and right -of -way engineering aspects of a PSR and PS &E contract as it relates to Caltrans Standards. Rich has been the project surveyor or task order manager on 28 PSR and PS &E contracts for GTS over the past 8 years. His transportation experience began in the late 1980's and was enhanced as Deputy County Surveyor at the County of Orange. Since leaving the County, during the bankruptcy 13 years ago, he has focused on transportation surveying for URS Greiner and GTS. Rich has been managing our local Surveying and Mapping contracts with MWD, the Port of Long Beach, SANDBAG, Huntington Beach Union High School District, and the San Bernardino Airport Improvement Program. In addition, he is the principal —in- charge for a number of projects we are working on in the Bay Area including the City of San Leandro, and the Contra Costa County Surveyor contract. Mr. Ray is a past member of the Board of Registration L.S.TAC, past CLSA Liaison to the Board of Registration, as well as a former California Governor to the National Society of Professional Surveyors. AA Degree/ Civil Engineering Technology/ 1976/ Fullerton College NSPS, IRWA, CLSA, APWA, COMTO Palmdale Airport Boundary Record ofSurvey and Parcel Map qf 1,700 Acre Facility, LAWA, CA Surveyor responsible for quality control for this 65 sheet Parcel Map for this 1,700 acre LAWA facility for the Palmdale Airport site. This project included hundreds of easements and the consolidation of the number of parcels the airport had acquired over the past 35 years. GTS also assisted Hall and Foreman with the 52 sheet Record of Survey by reviewing calculating the locations of the easements from the title report exceptions. Division 11 Rail Yard Expansion Construction, Blue Line, Stacy& Witbeck Inc., Long Beach, CA Survey Manager for this design build contract. MTA is expanded this 15 year old facility, adding a couple of spur rails, realigning existing spurs to make way for the new spurs, adding utilities and rerouting others as well as expanding one of the service buildings. Rich will oversee the utility location phase, and the construction staking. Surveying, Mapping, and Boundary, LPA Architects, Arcadia Unified School District, Arcadia, CA Project Surveyor for this five campus project. Aerial mapping control by GPS methods, aerial mapping at a scale of 1 "= 40', conventional ground surveys and cross sections, finish floor elevations at each class room door, building corners, hardscape, utility surveys, athletic fields grid elevations, etc. Geomatics Transportation services. Inc. Richard P Ray, PLS Geomatics Transportation Services, Inc. Richard P. Ray, PLS Principal MWD Cross Connection Topographic Surveys, Orange and San Diego Counties, CA Survey Manager for post - processing of the field crew electronic data collection in MicroStation and InRoads format. Over 120 sites were delivered delivered to MWD on -time and on- budget San Bernardino International Airport IVDA — Del Rosa Drive, Harry Sheppard Boulevard, Leland Norton Way and Rialto Avenue Street Improvements This ongoing project is winding clown however the scope included aerial mapping, control for construction phase, boundary and right of way determination, design surveys to be used as the basis of Civil Engineering and Architectural design, as well as detail design and utility surveys of the existing parking lots. Currently in the construction management phase of this large project and Rich is the Survey Manager for this phase of the project. Responsibilities include scheduling multiple crews, performing office calculations for construction layout, checking fieldnotes and distributing them to the resident engineer, etc. Pier B Rail Facility Infrastructure Program, PS &E, HDR, Port of Long Beach, CA Principal -in Charge as well as QC functions of the surveying tasks for this engineering design project for the Port of Long Beach which includes the 91' Street grade separation, North Harbor access, diesel locomotive fueling facility, and a rail operations plan. This project is underway and GTS is responding to the second task order. BART Measure AA Earthquake Safety Program, On -Call, PS &E, Retro Fit, Oakland, California Survey Manager for the first contract awarded under the Measure AA Earthquake Safety Program. GTS performed all the control, aerial control, and detail design and utility surveys at all BART crossings within the City of Oakland, The project limits consist of two separate segments of the BART line running through the City of Oakland, including the vibro - compaction study along the BART tube. The first segment is elevated along the entire length from the portal to Martin Luther King Blvd, approximately 2.7 miles. The second segment was mapping 19 crossings from 27th Street to the Berkeley Tunnel. The topographic mapping was delivered on schedule LACMTA Surveying and Mapping Services Jor Contract PS -4310- 1268 -1, On -Call, LA County, CA Survey Manager of this fixed price task order driven "Bench Contract." GTS assignment is to provide mapping, control, right -of -way engineering, boundary, QA/QC surveys, construction control and staking, as well as provide field and office personnel on an as needed basis. Highway 71 Near Prado Dam, Santa Ana River Project, Orange County Surveyors Office, California This project was collaboration between the Orange Survey Surveyors Office (OCS) and Caltrans District 8. It was unique in the respect that because Caltrans did not have the staff to take on this project, and they were not allowed to contact out to the private sector, we struck a deal to do the ROWE and later the construction staking. Rich was instrumental in negotiating the MOU between the agencies and managed the county ROWE efforts, to Caltrans Standards, for this 3 -mile portion of highway. Geomatics Transportation Services Inc. Richard P Ray, PUS r t Geomatics Transportation , Xico Salazar, PLS Survey Manager Registration Experience 1984 California Professional Land Surveyor No. 5507 Expires 9/30/10 Mr. Salazar, Regional Manager, has 32 years of surveying and mapping experience working in Southern California including highway, railroad and LRT, design surveys, Photogrammetry, construction, right -of -way engineering, hydrographic, boundary, subsidence, telecommunications, and underground (mines and tunnels) surveying. He also has experience in large area mapping, subdivisions, ALTA, control, and topographic mapping. Having been a principal of a firm and Licensed Land Surveyor, with 22 years of responsible charge experience, Mr. Salazar has worked on, or supervised, every aspect of projects from the beginning estimating through the final delivery to the client, including procuring projects, coordination, budgeting, client interaction and QA /QC. Xico and Rich Ray, GTS Vice President, have been working together off - and -on since they were field surveyor's for the Port of Long Beach in 1982. Societies CLSA, IRWA Education Escuelas Internacionales de la America Latina, Mexico City. Diploma Land Surveying and Mapping 1971. Defense Mapping Agency, Inter - American Geodetic Cartographic School, Canal Zone, Panama Diploma /Photogrammetry /1974 Project Experience (as Survev Manager) Transportation Corridor Agencies - Toll Road 241 widening, Oso Pkwy to Bake Dr. t10 miles Sub Consultant to HDR, Inc. This project included control, aerial mapping for entire project, design surveys for every on -ramp & off -ramp, detailed surveys for every bridge structure within the project. City of Riverside, California — Chicago Avenue /Columbia Avenue /Iowa Avenue Street Improvements Sub Consultant to DMJM Han-is — Project included Design Surveys and Aerial Mapping for t3.0 miles of streets and railroads, right -of -way and boundary determination along project and preparation of legal descriptions for R/W takes and TCE's. City of Tustin, California — San Juan Street, Orange Street and Walnut Street Improvements Design surveying and mapping to be used as the basis for the preparation of Street Improvement Plans, Construction Staking. City of Norwalk, California- Proposed Metro Rail Train Station and Railroad Upgrades This project included aerial mapping, extensive as -built surveys for existing streets and railroad tracks, boundary and right -of -way determination, design surveys for proposed train station area and the filing of a Record of Survey. Geomatics Transportation Services Inc Xico Salazar, PLS Geomatics Transportation Services, Inc. Xico Salazar, PLS Survey Manater ACTA Alameda Corridor Transportation Authority— Pacific Coast Highway Grade Separation Sub Consultant to HDR, Inc. Project included detailed measuring and depiction of substructures, extensive design surveys and pot hole surveys over a 70+ acre area, to be used as the basis for the design of a 0.5 mile bridge overpass. Pier B Rail Facility Infrastructure Program, PS &E, HDR, Port of Long Beach, CA Survey Manager of the surveying tasks for this engineering design project for the Port of Long Beach which includes the 9`h Street grade separation, North Harbor access, diesel locomotive fueling facility, and a rail operations plan. This project is underway and GTS is responding to the third task order. City of Palmdale California- Avenue "P" /Rancho Vista Grade Separation Sub Consultant to LAN Engineering. Project included Ortho Photography, Aerial mapping and design surveys for ±6.6 mile long corridor and intersecting streets, monument recovery, street alignments, right -of -way determination and preparation of plats and legal descriptions for R/W takes. Design Surveys are in progress Caltrans District 12 - Interstate 5 @ Loara Street Southbound Of/ Ramp. ±172 Acres Sub Consultant to Parsons Transportation Group. This project included control, aerial mapping, boundary and right of way determination, legal descriptions for parcel takes, design surveys along existing freeway and proposed off -ramp area including drainage and bridge structures. City afMoreno Valley, California — Pigeon Pass Road Widening Sub Consultant to HDR, Inc. Project included Control, Aerial Mapping for a ±2.6 mile long corridor, Design Surveys for corridor and intersecting streets, right -of- way/boundary determination for entire project and preparation of legal descriptions for R/W takes, Construction, Drainage, Slope, Access and Ponding Easements. City of Irvine, California- Widening of the Laguna Canyon Road Bridge over the 405 Freeway Sub Consultant to LAN Engineering. Project included aerial mapping for a ±146 acre area, design surveys along Laguna Canyon Road between Quail Hill Parkway and Alton parkway, as -built surveys of existing bridge and freeway roadway, utilizing reflectorless measuring technology, preparation of legal descriptions and plats for slope easements, stake out proposed slopes and pot hole survey. Inland Valley Development Agency San Bernardino Airport — Del Rosa Drive, Harry Sheppard Boulevard, Leland Norton Way and Rialto Avenue Street Improvements Sub Consultant to Cordoba Corporation - This ongoing project includes aerial mapping, design surveys, control for construction phase, boundary and right of way determination, and as -built existing parking lots. This project is now in the construction phase with GTS providing the construction staking for the roadway improvements. Xico is overseeing this work Geomatics Transportation Services, Inc. Xico Salazar PLS EXHIBIT B Geomatics Transportation Services, Inc. BASIS OF COMPENSATION Professio I Services Hourly Rate Schedule ( Project Surveyor ............................... $135.00 Senior Surveyor . ............................... $125.00 Surveyor... ............................. $120.00 Assistant Surveyor ............................ $112.00 Senior Survey Technician ................... $105.00 Cadd Speciaist .................... $102.00 Cadd /Survey Technician .................... $90.00 Survey Aid II ..... ............................... $75.00 Clerical ............ ............................... $44.00 2 -Man Crew ...... ............................... $218.00 3 -Man Crew ...... ............................... $287.00 Travel Time $170.00 OVERTIME @ 1.29 TIMES THE ABOVE HOURLY RATES Expenses @ Cost including: Expenses at the following: Reproduction, Research - Outside Auto Mileage $0.48 Filing & Permit Fees (Survey Crew Mileage i! included in the above rates) Overnight Delivery Reproduction - In House -$1.00 per sq ft Geomatics Transportation Services, Inc. 1655 E. 6th Street, Suite A -4A Corona, CA 92879 Telephone (951) 279 -1918 Facsimile (951) 2790664nents and SettingsWiu\Local Settings%Temporary Internet Files\Content.Ou [look \9UQGGMXO \GTS 2009rates