HomeMy WebLinkAboutC-4871 - PSA for Balboa Island Pavement RehabilitationPROFESSIONAL SERVICES AGREEMENT WITH
COAST SURVEYING, INC. FOR
BALBOA ISLAND PAVEMENT REHABILITATION
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this I day of AM4kg , 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and COAST
SURVEYING, INC., a California corporation ( "Consultant'), whose address is 15031
Parkway Loop, Suite B, Tustin, CA 92780 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to rehabilitate the pavement on Balboa Island.
C. City desires to engage Consultant to provide surveying services for the Balboa
Island Pavement Rehabilitation Project ( "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 Rue] Del
Castillo.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2011 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 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.
3.1.1 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.
3.2 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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 A and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Twenty -Four
Thousand, Eight Hundred Dollars and no /100 ($24,800.00) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
[COAST SURVEYING, INC.] Page 2
4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
5. PROJECT MANAGER
5.1 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 Click here to enter text.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.
5.2 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. Peter
Tauscher, Junior Civil Engineer, or his designee, 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
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
7.1.2 Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant and as defined above.
[COAST SURVEYING, INC.] Page 3
7.1.3 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, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
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
9.1 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 its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
9.2 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
[COAST SURVEYING, INC.] Page 4
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
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 Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 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, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
[COAST SURVEYING, INC.] Page 5
14.2.1 Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants. The cost of such
insurance shall be included in Consultant's bid.
14.3 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.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subconsultant's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 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, blanket contractual liability.
14.6 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 accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
[COAST SURVEYING, INC.] Page 6
14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
14.8.1.2 Enforcement of Contract Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 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.
[COAST SURVEYING, INC.] Page 7
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 prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
17.1 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 prior written request.
17.2 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. 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 in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
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 under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices 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 to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant 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 /her 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 the
law or 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
24.1 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.
24.2 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 immediate
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
25.1 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
[COAST SURVEYING, INC.] Page 9
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:
Attn: Peter Tauscher
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3316
Fax: 949 - 644 -3318
25.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: Ruel Del Castillo
Coast Surveying, Inc.
15031 Parkway Loop, Suite B
Tustin, CA 92780
Phone: 714 - 918 -6266
Fax: 714- 918 -6277 .
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, 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
[COAST SURVEYING, INC.] Page 10
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 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,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
28.2 Waiver
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
28.3 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.
28.4 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.
28.5 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.
28.6 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.
[COAST SURVEYING, INC.] Page 11
28.7 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.
28.8 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.
28.9 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.
28.10 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
28.11 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
[COAST SURVEYING, INC.] Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF ITY ATTORNEY
Date:
it fir"
B�
Leonie Mulvihill VAIN
Assistant City Attorney I 0
ATTEST: I\
Date:
By:_ aiu�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California cipal corporation
Date:
n
aaum
Director
CONSULTANT: COAST SURVEYING,
Inc., a C lifor is Corporation
Date: *71277 II
By: 94W64
Ruel Del Ca s ' o,
President and Treasurer
Attachment: Exhibit A — Scope of Services and Schedule of Billing Rates
[COAST SURVEYING, INC.] Page 13
EXHIBIT A
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B. TUSTIN, CA 92780 -6527 (714) 918 -6266 FAX (714) 918 -6277
P109 -049M4
PROJECT: FY 11 -12 PAVEMENT REHABILITATION FIRM: COAST SURVEYING, INC
LOCATION: CITY OF NEWPORT BEACH DATE: JULY 1, 2011
ENGINEER: CITY OF NEWPORT BEACH PAGE: 1 OF 1
SURVEY RESEARCH AND DESIGN SURVEY WITH CROSS - SECTIONS
AT 25 -FOOT INTERVALS ON BALBOA ISLAND.
DIRECT LABOR
NAME /FUNCTION
HOURS
HOURLY
RATES
TOTALS
SURVEY MANAGER
2
@
$156.00 =
$312.00
PROJECT SURVEYOR
10
@
$133.00 =
$1,330.00
SURVEY ANALYST
40
@
$104.00 =
$4,160.00
CLERICAL & DELIVERY
0
@
$60.00 =
$0.00
2- PERSON SURVEY PARTY
78
@
$241.00 =
$18,798.00
3- PERSON SURVEY PARTY
0
@
$312.00 =
$0.00
TOTALS =
130
$24,600.00 =
OTHER COSTS
GPS RECEIVERS - 4 units for 0.5 days at $100 /unit/day
MAP CHECKING FEES
RESEARCH
RECORDING FEES
TOTAL COST
Sincerely,
r
Ruel del Castillo, PLS
President
$200.00
$0.00
$0.00
$0.00
$200.00 =
$24,600.00
$200.00
$24,800.00
7
/,G�IORP. CERTIFICATE OF LIABILITY INSURi'�N
DAT1I2010
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
8 31 2010
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Santa Ana CA 92711 -0550
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
68048491,280
!9/18/2010
INSURERS AFFORDING COVERAGE
INSURED
INSURERA: Travelers Property Casualty Cc of Ameri
Coast Surveying, Inc
15031 Parkway Loop, Suite B-
wsuRERe:Travelers Casualty &SUrety Co of Amer.
INSURER C:
Tustin CA 92780 -6527
-INSURER D:
INSURER E:
COVERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
OTWITHSTANDING 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.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMiDD")
POLICY EXPIRATION
LIMITS
A
GENERAL LIABILITY
68048491,280
!9/18/2010
19/18/2011
EACH OCCURRENCE
$1 (I QQ QQO___
_
FIRE DAMAGE Anyone fire)
$1 QQQ QQQ
X COMMERCIAL GENERAL LIABILITY
MED EXP Any ane ereon)
$10 000
CLAIMS MADE OCCUR
PERSONAL B ADV INJURY
S1,000.000
X Contractual
Liability -
GENERAL AGGREGATE
.
$
n00 I)0o
GEN'L AGGREGATE
LIMIT APPLIES PER:
PRODUCTS- CO MPIOP AGG
2
$2 OOO 000
PRO-
POLICY
`X, LOD JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
(EaaccidenU
$
BODILY INJURY
ALL OWNED AUTOS
-
SCHEDULED AUTOS
; (Per person)
S
BODILY INJURY
{ S
HIRED AUTOS
NON -OWNED AUTOS
z (Per accident)
'PROPERTY DAMAGE
$
'
fol.rddenU
GARAGE LIABILITY
I AUTO ONLY EA ACCIDENT
S
_
1 OTHER THAN EAACC
$
ANY AUTO
I
-
S
1
AUTO ONLY: AGO
(-,
E %LESS LIABILITY
ICUP7212YO48
9/18/2010
X9/18/2011
EACH OCCURRENCE
$5, 000, 000
X 'OCCUR DCLAIMSMADE
-
I
_
AGGREGATE
_
$5 000,_OQO..,_. --
j DEDUCTIBLE
1 RETENTION S
�
�
I
I
S
A
WORKERS COMPENSATION AND
JUB7836Y814 19/18/2010
19%18 /2011
OTH -_1
OBJLLffi1;-.LER
EMPLOYERS' LIABILITY
._ : ._— ___........... _...
E.L. EACH ACCIDENT sl Q00 000
; E.L.DISEASE- EAEEIPLOYEEI Sl QQQ QQQ
E.L. DISEASE - POLICY LIMIT ISI 000 000
B
°TREK
Liability
;105343474 '1,9/18/ 2010 .9/18/2011
'Per Claim $1,000,000
1Protessional
'P:nnual Aggr. $2,000,000
I
Claims Made
i
I
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
3eneral Liabili Cy policy excludes claims arising out Of the performance of professional services.
U ,. UL' ANY OF T! - E DESCRTBED PCbICIF.S BE C- JCEL
dRE THE XP1R IIC DATE THEREOF, THE ISSUING INSURE.
For Proposal Only II,L ENDEAVOR 1C
RAJ:
C -l' I I
1 F 1CATF 30 L 'Y URIT]' &N NOTICE TO THE
NAMED
10 THE LEFT, BUT FAILURE 10 SO
SHALL IMPOa 10 OB IrE7IC4 OR LIABILITY OF ANY KIND UPON HE INSURER, ITS AGEINS OR REPRESENTATIVES.
P.1
A ® CERTIFICATE OF LIABILITY INSURANCE
DATE(MAliOMYYY)
'ARA`
02/18/20_1
PRa'UCE
ST >tiva5'TR�S'z SURAPICE
34 _ COAST HTdY. SUITE g04
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
¢4174 POINT, CA 92629
5
hMq .I ElT-
PREMISE` Ea ocanmm
O" - --
INSURERS AFFORDING COVERAGE
NAIC :J
-�
INSURED
COAST SURVEYING, INC.
15031 PARKUI4Y LOOP, SUITE B
"— — - --
Fa-m tfp$4L1 uLC - p3L :2nce _�an� Z� "E
INSURER B:
—�
TUSTIN, CA 92780
WSURERC:
IN5JRER R i
VISIJRER E:
CM /FRA(:FC
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTNRHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN :'S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH.
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN. REDUCED BY PAID CLAIMS.
INSR MSRD ' POLCY�t EFFEQryE PDLFGYE%P :RATION _— ._.— . —.... ADD L
lTR WSRD. TYPO -OF INSURANCE I POLI CY NUMBER DAYEIMIAWNY) DATE(MMIODfM LIMITS
GENERAL LIABILITY 7
COMMERC AL GENERAL UABILRV,
�O;AIMS A+ADE �OLCUR
EACR OCGIRRE'JCE
5
hMq .I ElT-
PREMISE` Ea ocanmm
S_
MED F.XP An voe +son)
S -_—
PERSONAL S ADV INJUR'f
_
E
_
GEJLA'..L>$GA"'EU� :TIJ}ZgS PER
PRO
`GENERALAGGREGATE
I PROOUCIS, COMP,bPAGG
--
P ^LILY iJCpT LG_
-
i
-- - --�-
A.
AUTOMOBILE LIABILITY
-' —I
L�uav Alto
A_LaaNEDAUics
X ^;_ILSDJ -EV ALFfOS
1, jHRECAUTU$
X 'NTV.O'NNEp AUSGS
130 9131 - 1215 -75
C90 5581.- E15 -7s
059 5349- B15 -75
G66 7193- E15 -75
290 30'43- B15 -/5
288 1181- B15 -/5
02 -15 -11
n2 -15 -11
02 -15 -11
Q2 -15 -11
02-15 -11
C2 -15 -11
CB -15 -11
CB -15 -11
C8 -15 -11
08_15_11
08 -15 -ll
0B -15 -71
COMBINEDSINGLE LFAn
(E�nr:cieer:y
E
--
RODA.Y N.JURY
IFe- P =Rnn;
s 1,000, 00(;
SoDILV !NJUHT
(Pe: a:ctlenq
3 1,000,C-Da
PROPERTY DAMAGE
(P., ...1) ..1)
S 1, QlQ J �C O
-
GARAGE
LIABILITY
PURJ GYLY_-E.4ACCIC.41
S
OTHER THAN EA.ACC
g -
AUTOOVLY
—
I A ^"
9
ESO_SSIUMSRIN- A LIABILITY
—_ —_; OCCUR CC.zIMS MADE
I
IEACH O:CURRBNGF.
E
DEDUCTIBLE
—
3
'NORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
AN° cFCPRIETU4'PART.Vf. :JEY�CL ^..Vi
OFFI
" C-ERIMEIV.EER EXCLUDED?
WC SIAN- OTH
TOWLIMITS t ER
F_L E0.P+R ^GOGgi
—
EL OIGEASE EA EL +PLO�EE !°
_
Ilyyae Giicn'S andor
— '
EL GGEASE- PODCV'.n.11T S
SPRON FRO'A &DNS bB
OTHER
I
DEL CRIPTION OP OPERATIONS I LOCATIONS I V EHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I GPPGIAI PROVISIONS
SHOULD ANY OF THE ABOVE DESCRIBE), OUCIES BE CANCE_LeD BEFUkL THE E.`71F.ATIok
DATE THEREOF. THE ISSUING INSURER %.U- ENDEAVOR TO MAIL -:,BI, GAYS 'NRRTEh
NOTICE TO THE CERTIFICATE ITC(-DER NAMED TO -HE LEFT, BUT FAILURE TO DO SO SHA?-
IMPOSE AD OBL'GATIOK OR LIAR ;.rTY OF ANY KIND JFJfl THE USURER, I' -S AGENTS OR
ACORO 25 (2001108) ThD registration notices indicate ownershiD o(the ma::¢ by their respeGive mu;,ars C.ACORD CORP ION 7988, 2007
132349 034 "> ?CUi All rights Teseried
P.1
.46 ® `LAER A �RIloA E OF UIx1BLI 0 0 N S16YRd*51tlC10E
08/23/2011
D08/23ID2011)
PRODUCER
BOWERSOX, TED
S -ATE FARM INSURANCE
34085 PACIFIC COAST HWY. SUITE 204
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSR
LTR
ADVL
INSRD
DANA POINT, CA 92629
POLICYNUMBER
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURMA7 State Farm Mutual Auto Insurance Company 25116
COAST SURVEYING, INC.
LIABRITY
15031 PAWKAY LOOT, SUITE B
INSURER R:
I EACH OCCURRENCE
INSURER C:
DAMAGE E b
PREMISES Eaaw,venco
'JUSTIN, CA 92780
INSURER 0:
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 SUBJECTTO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADVL
INSRD
TYPE OF INSURANCE
POLICYNUMBER
POLICTEFFECTIVE
DATE MINDDIYT7
I POLGY E%PIRAIiO
I GATE MMrDOM'
LIMITS
GENERAL
LIABRITY
I EACH OCCURRENCE
$
DAMAGE E b
PREMISES Eaaw,venco
5
COMMERCIAL GENERAL LIABILITY
CLAIMSMAOE OCCUR
MED EXP f A me rwn
E
PERSONALBADVINJURY
15
GENERAL AGGREGATE
5
GEfLAGGREGATEI,PATAPPLha FER
PHLbL'CTS- COMPNPAGD
5
PRO -
POLICY JECT LDL
A`
AUTORICEIL£
LIABILITY
130 9'31 - 815-75
C93 5581- B15 -75
08-12 -11
08 -12 -11
08 -15 -12
06-15 -12
COMBINED SINGLE LIMIT
(6 asmv7
$
ANYAUTO
059 5449- B15 -75
08- '2 -11
OC - =5 -12
-
X
ALLOVMEDALMOS
SGHEOULEDAUTOS
066 ?143- B15 -75
290 3043 - 1515 -75
08 -12 -11
08-12-11
08 -15 -12
06 -15 -12
BDDB.YINJURY
(Porperxn)
S 11000,000
EODILYwJURY
(Per d'Ltlon1) ,
$ 1,000,000
A
A
X
X.
HIRED AUTOS
NONOWNED AUTOS
288 1781- B15 -75
C8 -12 -_1
08-15 -12
PROPERTY DAMAGE
(Par axdc:v)
$ 1,000,000
LIABILITY
AUTO ONLY- EAACCIDENT
3
OTHERTWIN EAACC
AUTO ONLY: ASS
3
��.���GARIIAGE
�ANYAUTO
E
E%CESSIUMSRE'LLA
LIABIIfTY
EACHOCCURRENCE
S
AGGREGATE
S
OCCUR CLAIMS MADE
S
s
DEDUCTIBLE
3
RETENTION 5
WORKERSCOMPENSAMONANO
EMPLOYERS' LIRBILITY
ANY PROPRIETORIPARTNMEXECUTIVE
W6STATW OTW
TORY IIMR ER
E.1- EACH ACCIDENT
S
ELDISEA5E- EAE?YPLOYEE
$
OFFICERMEMBER EXCLUDED?
HmYes d Subs antler
$PECNL PROVISIONS xIav
EL DISEASE- PDI.ILY OMIT
S
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
DESCRIPTION OF OPERATION: AEON -CALL SURVEYING SERVICES, JOB 412103110 THE CITY OF NEWPORT BEACH, ITS
OFFICERS, AGENT OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECT TO GENERAL
LIABILITY AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES FOR WO3ICERS CCMPENSATION
LitK I U-IL A I C HULUCK .tin r.cr.vy nv
ADDITIONAL INSURED: CITY OF IFWPORT BEACE; PUBLIC SHOULD ANY GF THE ABOVE CESLRIBED POLICIES BE CavCELL ®HEFORE'RIE EXPIRAnoN
WORKS:ATTN: SHAUNA OYLER DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL w DAYSWRITTEN
3300 NEWPORT BLVD — NEWPORT BEACE, CA 92658 NOME TO THE CE RTIFICATE HOLDER NAMED TO THE LEFT, DOT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER ITS AGENTS OR
ROPRESENTATNES.
ACORD 25 (2001JOB) The registration notices indicate Ownership of the marks by their respective owners OACORD CORPORATION 1988, 2007
132649 03- 13-2007 All rights reserved
CERTIFICATE OF INSURANCE
CHECKLIST
CRY of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. "
Date Received: 8/24/2011 Dept. /Contact Received From: Shauna Oyler
Date Completed: 8/24/2011 Sent to: Joel By: Joel
Company /Person required to have certificate: Coast Surveying
1. GENERAL LIABILITY
A.
INSURANCE COMPANY: Travelers Property and Casualty
B.
AM BEST RATING (A-: VII or greater): A +:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
Yes FX
No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
Yes
No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
Yes FX
No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
Yes F_Xj
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 X
I.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Endeavor Wording
AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: State Farm Mutual
B. AM BEST RATING (A-: VII or greater) A +:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes F7X No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What are the limits provided? $1,000,000
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): _
Is it included? N/A Yes No
F. 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.
Endeavor Wording
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: 'travelers Casualty and Surety
B. AM BEST RATING (A-: VII or greater): A +: XV
C. LIMITS: Statutory X
D. WAIVER OF SUBROGATION (To include): Is it included? Yes FX No ❑
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
NOTES:
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
August 24, 2011
= Requires approval /exception /waiver by Risk Management
Comments:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
Date
Yes IX No
B &B initials