HomeMy WebLinkAboutC-5679 - On-Call PSA for Land Survey ServicesGuzzetta, Suzanne
From:
Reyes, Raymund
Sent:
Wednesday, July 06, 2016 4:11 PM
To:
Guzzetta, Suzanne
Cc:
Mulvey, Jennifer
Subject:
On -Call extensions status - 1/26/2016
Hi Suzanne, based on our discussion last week:
With regards to the series of on-call extensions for 6 months (per F-14 at the time, two year limits for on -calls unless
approved by council) for Jan 26 — while a number of them did get processed and executed, there were several that did
not. Those that did not, did not complete their signatures or insurances. Also PW staff proceeded with new RFPs and
agreements on some of these consultants and we did not pursue those term extensions.
Here's the list from the meeting — let me know if I missed any -
1. AlbertGrover—extended 10/31/16
2. DMS Consultants — not executed
3. Civiltec —extended 6/30/16
4. Walden —extended 6/30/16
5. Stantec (VA) — extended 6/30/16
6. Harris — replaced with new PSA
V1/.Pelco — extelued 1/3/16
8. American Geo —extended 6/30/16
9. Harrington Geotechnical — not completed
10. G MU —extended 6/30/16
11. Interwest Consulting — replaced with new PSA
t12. Guida Surveying — not executed
13. Coast — e'�xtended-6%30%,6
14. Willdan Engineering — replaced with new PSA
15. Transportation Studies — replaced with new PSA
16. TCLA, Inc. — extended 6/30/16
Hope this suffices for your notes — thank you
Raymund Reyes I Management Specialist
Public Works Department I City of Newport Beach
100 Civic Center Drive, Bay D, 2nd Floor Newport Beach, CA 92660
949-644-3325 1 rreves@newportbeachca.gov
9-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
January 26, 2016
Agenda Item No. 9
ABSTRACT:
Certain on-call professional service agreements have recently expired or are near
expiration. Staff is requesting authorization to amend agreement term dates by up to six
months in order to complete work originally authorized under these agreements.
RECOMMENDATION:
Authorize the City Manager to execute agreement amendments to extend the term by
up to six (6) months on various on-call professional service agreements as approved to
form by the City Attorney.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Public Works Department uses a wide variety of consultant professionals for the
preparation and delivery of the City’s Capital Improvement Program projects. These
professional services include civil engineering, geotechnical, marine engineering,
construction inspection, surveying, landscape architecture and traffic engineering.
During the course of a typical Fiscal Year, the Department utilizes 50 different
professional service agreements. Selection of these consultants is normally completed
through a qualifications-based Request for Qualifications and/or Request for Proposals
(RFP) selection process for a specific project, service or category of work.
One type of agreement utilized by the Department is an on-call agreement. These
agreements are used on an as-needed basis and typically supplemental or minor
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY:Mark Vukojevic, Deputy Public Works Director/City Engineer
PHONE:(949) 644-3319
TITLE:Authorize the City Manager to Approve Term Extensions for On-call
Professional Service Agreements
Authorize the City Manager to Approve Term Extensions for On-call Professional
Service Agreements
January 26, 2016
Page 2
9-2
services that are needed from time to time where the size of the project or task does not
warrant the expense of entering into individual agreements for each service. Examples
include preliminary designs, cost estimates, site surveying, geotechnical testing and
investigations, studies, and emergency work.
In September 2013, an RFP for various engineering and professional services was
issued in order to establish on-call agreements with multiple firms. These on-call
agreements were executed in late 2013 and early 2014. Per Council Policy F-14, on-call
agreements are limited to two (2) year terms unless approved by City Council.
A number of agreements have recently expired or are near expiration and certain
authorized project work and tasks will carry over past the contract term date. Staff
requests authorization for the City Manager to approve term extensions for agreements
(Attachment A) for up to six (6) months in order for previously authorized work and tasks
to be completed. This will enable staff and the various consultants to complete the
planned and authorized work as proposed and/or started prior to their expiration dates.
There will be no increase in the original compensation limits and no new tasks or
projects will be authorized during the term extensions. Public Works is also currently
working on RFQ’s and RFP’s for new on-call and professional service agreements.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – On-call Agreement Term Extensions List
9-3
Authorize the City Manager to Approve Term Extensions for On-call Professional
Service Agreements
January 26, 2016
Attachment A
On-call Agreement Term Extensions List
1. Albert Grover & Associates
2. DMS Consultants
3. Civiltec Engineering
4. Walden & Associations
5. VA Consulting/Stantec
6. Harris & Associates
7. Penco Engineering
8. American Geotechnical
9. Harrington Geotechnical
10. GMU Geotechnical
11. Interwest Consulting
12. Guida Surveying
13. Coast Surveying
14. Willdan Engineering
15. Transportation Studies Inc.
16. TCLA, Inc.
c-'
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH GUIDA SURVEYING, INC. FOR
U LAND SURVEY SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is
made and entered into as of this 27th day of November, 2013 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City"), and GUIDA SURVEYING, INC., a California corporation
( "Consultant "), whose address is 9241 Irvine Boulevard, Suite 100, Irvine, CA 92618,
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 desires to engage Consultant to perform on -call survey services throughout
the City on an as needed basis ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). Upon written request from the Project Administrator as defined herein,
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:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
M
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 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
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
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 Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B 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
One Hundred Twenty Thousand Dollars and 001100 ($120,404.80), 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
Guida Surveying, Inc. Page 2
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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the letter Proposal or
specifically approved in writing in advance by City.
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 B and the Letter Proposal.
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 Tim Fettig 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
Guida Surveying, Inc. Page 3
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
82 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement 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.
Guida Surveying, Inc. Page 4
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 attorneys' 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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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.
Consultant is responsible for keeping the Project Administrator 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
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
Guida Surveying, Inc. Page 5
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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 co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
orjoint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval 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
Guida Surveying, Inc. !.i° e
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.
17.3 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 the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
17.4 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
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 expressly authorizes in writing the release of information.
Guida Surveying, Inc. Page 7
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
•:e
Consultant shall keep records and invoices in connection with the Services 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.
22. 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 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.
23. 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 Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
Guide Surveying, Inc. Page 8
25. CONFLICTS OF INTEREST
25.1 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.
25.2 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.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Deputy Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Ralph Guida IV
Guida Surveying, Inc.
9241 Irvine Boulevard, Suite 100
Irvine, CA 92618
E17��
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
Guida Surveying, Inc. Page
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 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.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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.
29.4 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
Guida Surveying, Inc. Page
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 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.
29.6 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.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by bath Consultant and City and approved as to form by the
City Attorney.
29.8 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.
29.9 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, State of California.
29.10 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, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Gulda Surveying, Inc. '..
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: -
Aaron C. arp
City Attorney
ATTEST:
Date: o�
By:
Leilani I. BroYvn
City Cl
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 12.A L
By:
Dave A. Kiff
City Manager
CONSULTANT: Guida Surveying, Inc., a
California corporation
Date:
By:
RglpffGuida IV
President and Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Guida Surveying, Inc. Page 12
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 12.A L
By:
Dave A. Kiff
City Manager
CONSULTANT: Guida Surveying, Inc., a
California corporation
Date:
By:
RglpffGuida IV
President and Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Guida Surveying, Inc. Page 12
EXHIBIT
SCOPE OF SERVICES
Guida Surveying, Inc. Page A -1
SCOPE OF WORK
Land Survey
Consultant shall provide land survey services required for various City capital
improvement projects and development related services. The following is a list of
survey services that may be required:
• Performing horizontal and vertical control
• Perform design and topographic surveys
• Setting aerial targets and performing photo control
• Aerial and topographic surveys for project layout and design
• Performing boundary surveys and boundary analysis
• Performing centerline surveys and centerline ties
• Preparing corner records
• Preparing Records of Survey
• Preparing /Reviewing legal descriptions and plat maps
• Reviewing Subdivision Maps, Tentative and Final
• Reviewing Title Reports
• Performing construction staking for various public works projects
EXHIBIT B
SCHEDULE OF BILLING RATES
Guide Surveying, Inc. =.:-
0
07
L ._
�
D
'I
0
SURWEYINC INC.
Hourly Rate Schedule 2013 Through 2015
Exclusive for the City of Newport Beach
RATE
PER
PERSONNEL.
$170.00
HOUR
1 MAN SURVEY CREW WITH TRUCK
$240.00
HOUR
2 MAN SURVEY CREW
$340.00
HOUR
3 MAN SURVEY CREW
$ 75.00
HOUR
RESEARCH CLERICAL
$120.00
HOUR
_
DRAFT / MAPPING DESIGNER
$140.00
HOUR
PROJECT SURVEYOR
$160.00
HOUR
PROJECT MANAGER/ L.S.
$180.00
HOUR
Sr. Project Mana er/ Director! Princl le
15% will be added to all reproduction, research material, and delivery services
Overtime is 1.5 times rates listed above
Mileage will be billed at the federal rate
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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
Guida Surveying, Inc. Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence 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 and other
endorsements as specified herein for each coverage. 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
Guida Surveying, Inc. Page
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self- insured Retentions. Any self - insured retentions must be declared to
and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
Guida Surveying, Inc. Page C -3
OP ID: JMC
CERTIFICATE OF LIABILITY INSURANCE °1 1 1261201 3YF
11126t20i3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
PRODUCER Phone: 800 -338 -1
4CECIMARSH Fax: 888 -621 -?
701 Market St, Ste. 1100
it Louis, MO 63101
INSURED Guide Surveying, Inc, WSURERA:Hartford Insurance Company 122367
9241 Irvine Blvd Ste 100 WSURER6: ...� .....................
Irvine, CA 92618
INSURER L
INSURER D:
INSURER E
INSURER F: w
rnVrPAr:FC r:FRTIFIr'ATG NI IMRF'R• REVISION NUMBER:
THIS I$ TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LM j TYPE OF INSURANCE A t �M' pmyy ; MMLR)RY'YYYY LIMITS -^
POLK:Y NUMBER MM
y DENERALLIABIJTY
(
EACHOCCURRENCE
S 2,000,00
S 2,000,00
A j X COMMERCIAL GENERAL LIABILITY
94SBWP12199 0710112013 0770172014 '
PREMISES Ea acmnence
_
CLAIMS-MADE I OCCUR
MEDEXP(Anyonepnuon)
S 10,00
I X COntractural
PERSONAL &ADV INJURY
$ 2,000,00
�I
PROF.UABILfTY EXCLUDED j GENERAL AGGREGATE
$ 4,000,00
GEN'L AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMPIOP AGO
5 4,000,00
POLICY X PRO- n I
AUTOMOBILE LIABILITY
I
COMBINED SINGLE LIMIT
$ 1,000,00
A M ANY AUTO
84UEGJG8180 0710112013' 0710112014 i
__.
ALL OWNED AUTOS
BODILY NJURV (Per person)
BODILY
5
$ v
BODILY INJURY (Per acatleM)
SCHEDULEp AUTOS
PROPERTY DAMAGE
S
X HIRED AUTOS
(Per accrdI
X NON -OWNED AUTOS
'
X UMBRELLA UAe (X OCCUR { (
I EACH"CCLfiiRENCE
$ 1,000,00
-MADE
A --- - -�
AGGREGATE
84SBWPi2199 0710112013 07/8172014
S 1,000,00
PXCLAIMS
DEDUCTIBLE
5 _..�_-
RETENTION S 10,000
j
5
WORKERS COMPENSATION
WC STATD- 10TH -
II X I_TORV LIMN., _,_ER_
AND EMPLOYERS' LIABILT'
A ANY PROPRIE7ORIPARTNERIEXECUTIVE YIN
_
84WBGBE9890 0710112013 07/0112014 E L EACH ACCIDENT
_
S 1,000,000
OPFICBRMIEMSER EXCLUDED? NI A
iE.L. DISEASE -EA EMPLGYQ,F_
$ 1,99D,DDD
I(NyasdatoryIRNO)
1,000,00
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LI
5
DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (Attach ACORD 101, Adraowi Re,w,ks Sc1,edele, if prone space Is raqulrod)
RE: Land Survey Services - When required by written contract: City of
Newport Beach and its officers, officials, employees and agents are included
as additional insured for above coverages except WC. Coverage is primary and -
non - contributory to any other insurance carried except Umbrella. Waiver of
insureds for
Subrogation is included in favor of additional all policies.
r, OnATc Ul j ncn rAAIncI I ATInM
NEWPRT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport Beach
Public Works Department
Attn: Lucie Delorme
AUTHORIZED REPRESENTATIVE
100 Civic Center Drive
l..a+...Id,.
Newport Beach CA 92660
Q 1988 -2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
EMIUM
CERTIFICATE OF LIABILITY INSURANCE
°
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
111,6120113
11J2612a13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER Phone: 800 -338 -1391
CONTAC T
TNAo C T
SH
701 Mar ket St., Ste. 1100 Fax: 888- 621 -3173
PHONE
l..ta_c E#: &
St. Louis, MO 63101
__
E -MAIL
Jeff B. Connelly
ADDR�ESSF -:R
GUID•01
MED EXP (Any one person S
cUSTOME -
INSURE S AFFORDING COVERAGE NAM
eiS o Guida Surveying, Inc.
INSURER A:fronshore Specialty Ins Co 25445
9241 Irvine Blvd Ste 100
Irvine, CA 92618
INSURERS:
-_-
NSURER C
PRODUCTS - COMPIOP AGO S
INSURER D:
_
INSURER E
1 S
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iL;S;R TYPE #INSURANCE
P/?LICY NUMBER
POG Y
M mYP`Y OMITS
GENERAL LI MITY I
Public Works Department
EACH OCCURRENCE !S
COMMERCIAL GENERAL LIABILITY i
AUTHORG:EO��R--11EpRESENTA7'NE
100 Civic Center Drive
PF;'£MISES Ea oLiWTClRB S
CtAIMS-MADE F7 OCCUR
MED EXP (Any one person S
PERSONAL flADV INJURY
GENERAL AGGREGATE S
GEN'L AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMPIOP AGO S
IRI-
POLICY POT LOC
1 S
AUTOMOBILE LIABILITY
1 COMBINED SINGLE LIMIT S
(Ea awdent)
ll
ANY AUTO
BODILY INJURY (Per Person) $
ALL OWNED AUTOS
BODILY INJURY (Per amden )1 S
SCHEDULED, AUTOS
I PROPERTY DAMAGE
I HIREDAUTOS
jPe amiderb
NON- OWNEDAUT05
'
i 5
JUMBRELLA LM8 i I OCCUR
EACH OCCURRENCE 5
I EXCESS LIAR CLAIMS -MADE
I AGGREGATE _ I
DEDUCTIBLE
S
RETENi'ION S
S
WORKERS COMPENSATION
WC STATUS I IOTH-
AND EMPLOYERS' LIABILITY YIN
TORY LIMITS _ R
ANY PROPRIETORIPARTNERIEXECUTIVE
EL EACH ACCIDENT 5
OFFICERRJEMBER EXCLUDED? NIA
(Mandatory In NH)
E.L. DISEASE - EA EMPLOYEE S
If yes, describe under
DESCRIPTION OF OPERATIONS below I
E.L. DISEASE - POLICY LIMIT I S
A ;Professional
001074902
061261201310612512014
[Claim 1,000,000
(Liability
CLAIMS MADE POLICY
II !Aggregate 3,000,000
DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES {AUMh ACORD 101, AdtlNonal Remarks Ser,eduAN it Pere apace is required)
CFRTIFICATF HOLDER CANCELLATION
CITYOF
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport Beach
Public Works Department
Attn: Lucie Delorme
AUTHORG:EO��R--11EpRESENTA7'NE
100 Civic Center Drive
Q1. t_.o•......
Newport Beach CA 92669
01988 -2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
HOGDERCODE NEWPRT GUID-01
WSUREDB mme Guide Surveying, Inc. OP ID: JMG
notice of cancellation will be given to the certificate holder per
endorsement.
(GLAI, AUtOAI, WOSWC)
PAOe 2
DATE 11126113
POLICY NUMBER: 84SBWPI2199 BUSINESS LIABILITY COVERAGE
INSURED: Guida Surveying, Inc.
ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT
OR PERMIT
This is a summary of the Coverage provided under the following:
BUSINESS LIABILITY COVERAGE FORM SS 00 08
WHO IS AN INSURED (Section C) states that the following is also an additional insured
Additional Insured by Contract, Agreement or Permit
Any person or organization is an additional insured when you have agreed, in a written contract, written
agreement or because of a permit issued by a state or political subdivision, that such person or
organization be added as an additional insured on your policy, provided the injury or damage occurs
subsequent to the executive of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under the provision only for that period of time required
by the contract, agreement or permit.
With respect to the insurance afforded to the additional insured, this insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or
failure to render, any professional architectural, engineering or surveying services, including
(a) The preparing; approving, or failure to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders, designs or drawings and specification: or
(b) Supervisory, inspection, architectural or engineering activities.
Primary and Non - Contributory to Other Insurance When Required by Contract
If you have agreed in a written contract, written agreement or permit that this insurance is primary and
non- contributory with the additional insured's own insurance, this insurance is primary and we will not
seek contribution from that other insurance.
Waiver of Subrogation
If you have waived any rights of recovery against any person or organization for all or part of any
payment, including Supplementary Payments, we have made under this Coverage Part, we also waive
that right, provided you waived your rights of recovery against such person or organization in a contract,
agreement or permit that was executed prior to the injury or damage.
Rev 5.13
POLICY NUMBER: 84UEGJG8180 AUTO LIABILITY COVERAGE
INSURED: Guida Surveying, Inc.
•t1 i i '' i
CONTRACT
This is a summary of the Coverage provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE FORM HA9916
Additional Insured if Required by Contract
When you have agreed, in a written contract or written agreement, that a person or organization
be added as an additional insured on your business auto policy, such person or organization is an
"insured ", but only to the extent such person or organization is liable for "bodily injury" or
"property damage" caused by the conduct of an "insured" with regard to the ownership,
maintenance or use of a covered "auto."
Primary and Non - Contributory if Required by Contract
This insurance is primary if you have agreed in a written contract or written agreement that this
insurance be primary.
If you have agreed in a written contract or written agreement that this insurance is primary and
non - contributory with the additional insured's own insurance, this insurance is primary and we
will not seek contribution from that other insurance.
Waiver of Subrogation
We waive any right of recovery we may have against any persona or organization with whom you
have a written contract that requires such waiver because of payment we make for damages
under the Coverage Form.
Rev 5.13
POLICY NUMBER: 84WBGBE9890 WORKERS COMPENSATION
INSURED: Guide Surveying, Inc.
ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN
CONTRACT
This is a summary of the Coverage provided under the policy:
Waiver of Subrogation
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 any person or organization from whom you are required by
written contract or agreement to obtain this waiver, but only with respect to bodily injury arising
out of the operations where you are required by written contract or agreement to obtain this
waiver of rights from us.
Rev 5.13
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 12/3/13 Dept. /Contact Received From: Vladimir
Date Completed: 12/12113 Sent to_ Vladimir By: Chris
Company /Person required to have certificate: Guida Surveying, Inc.
Type of contract:
All
I. GENERAL LIABILITY
INSURANCE COMPANY: Hartford Accident and lndcmnityCompany
EFFECTIVE /EXPIRATION DATE: 7/1/13 - 7/1/14
B.
A.
INSURANCE COMPANY: Hartford Accident and Indemnity Company
B.
AM BEST RATING (A-: VII or greater): A:XV
C.
ADMITTED Company (Must be California Admitted):
N Yes ❑ No
D.
Is Company admitted in California?
Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2,000,000/4,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
include): Is it included? (completed Operations status does
Haulers only): N N/A
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
H.
NOTICE OF CANCELLATION: ❑ N/A
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE:
A.
INSURANCE COMPANY: Hartford Accident and lndcmnityCompany
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- If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?) N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): N N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑ Yes N No
H.
NOTICE OF CANCELLATION: ❑ N/A
N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVEIEXPIRATION DATE: 7/1/13- 711/14
A. INSURANCE COMPANY: Hartford Accident and Indemnity Company
B. AM BEST RATING (A-: VII or greater): A:XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
12/12/13
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
70 E n r
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date