ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C3
Prepared by:
Erin Adams, Admin Programs Manager
Matt Atteberry, Engineering Division Manager Meeting Date: April 22, 2025 Approved by:
Greg Mayer, Engineering Director
John Conley, City Manager Agenda Location: Consent Calendar
SUBJECT: AS-NEEDED ENGINEERING SURVEY SERVICES – AWARD OF CONTRACT
RECOMMENDATION: Adopt City Council Resolution No. 2025- , awarding a contract to Spear & Associates, Inc. for as-needed engineering survey services.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On June 11, 2024, adopted City Council Resolution No. 2024-86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).
STATEMENT ON THE SUBJECT: The City has numerous on-going Capital Improvement Program (CIP) projects that require the use of engineering surveying consultants. Staff recommends contracting with an additional surveying firm for as-needed surveying services to ensure that surveying consultants are readily available when needed to assist staff on CIP projects with design survey and construction staking services.
On January 28, 2025, staff issued a Request for Proposals (RFP) for as-needed engineering survey services. The RFP was advertised on the City’s website and the City’s electronic procurement portal, OpenGov.
The following nine firms responded to the RFP:
Firm Office Location
Coffman Land Consulting, Inc. San Diego, CA
Glen A. Rick Engineering & Development Company San Diego, CA KDM Meridian Irvine, CA
Michael Baker International San Diego, CA
NV5, Inc. San Diego, CA
O’Day Consultants, Inc. Carlsbad, CA
Paradigm Geospatial, Inc. San Diego, CA
Right-of-Way Engineering Services, Inc. Oceanside, CA Spear & Associates, Inc. San Marcos, CA
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: April 22, 2025 PAGE 2
SUBJECT: AS-NEEDED ENGINEERING SURVEY SERVICES – AWARD OF CONTRACT Staff reviewed the proposals based upon predetermined criteria identified in the RFP, including overall experience, understanding of project objectives and requirements, and quality of work. Staff then reviewed the schedule of rates and determined both to be fair and equitable with respect to expertise and geographic region.
Staff recommends awarding an as-needed contract to Spear & Associates, Inc., with a contract ceiling of $600,000.
FISCAL IMPACT: The contract has a ceiling of $600,000 over a three-year term with an option to extend up to an additional two years. Purchase orders will be requested on an as-needed basis for anticipated need from the Capital Projects Budget.
EXHIBITS:
1. City Council Resolution No. 2025- , awarding a contract to Spear & Associates, Inc. for as-needed engineering survey services
2. Contract with Spear & Associates, Inc.
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00029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AWARDING A CONTRACT TO SPEAR &
ASSOCIATES, INC. FOR AS-NEEDED ENGINEERING SURVEY SERVICES The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Pursuant to section 3.08.060.B of the Vista Municipal Code, a request for proposals (RFP) was issued on January 28, 2025.
B. Nine proposals were submitted in response to the RFP and were evaluated based upon the predetermined set of criteria identified in the RFP.
C. Staff recommends the selection of Spear & Associates, Inc. as the consultant to provide as-needed engineering survey services.
2. Action.
A. The contract between the City of Vista and Spear & Associates, Inc. for as- needed engineering survey services is approved and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 22, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250409151241
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
00034875 3
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SPEAR & ASSOCIATES, INC.
Professional Services – RFP – Prevailing Wages
4906-5156-9196, v. 2
CONTRACT FOR PROFESSIONAL SERVICES
FOR AS-NEEDED ENGINEERING SURVEY SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).
1.0 THE “PARTIES”
The “City”:
CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Matt Atteberry
Billing Contact: Erin Adams
The “Contractor”
Spear & Associates, Inc., a California
corporation
457 Production Street
San Marcos, CA 92078
Contact: Bruce C. Bonde
2.0 BASIC TERMS
2.1 The “Services” to be performed by Contractor are set forth in (“Exhibit A”).
2.2 The “Required License” for the Services is: California Registered Professional Land Surveyor.
2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.
2.4 The “Project” for which the Services are required is described in Exhibit A.
2.5 Contractor has submitted to City a Proposal to perform the Services dated February 21, 2025 (“Exhibit B”).
2.6 The “Contract Ceiling Price” is: $600,000.
2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 from the Contract Date.
3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the 04/22/2025
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EXHIBIT 2
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documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material, and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished, and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed. For contract option years, City may approve upon Contractor’s request of an increase in the pricing in Exhibit B in the amount of the increase in the Consumer Price Index, San Diego Area, for all Urban Customers (CIP-U) as published by the Bureau of Labor Statistics during the preceding year, or 3.0%, whichever is less.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to 04/22/2025
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this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).
7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
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10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
10.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:
Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.
10.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
City: The City of Vista.
Board: The City Council of the City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.
12.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES
12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
12.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
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eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.
12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.
13.0 CIVIL RIGHTS
13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
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indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
15.0 ASSIGNMENT AND SUBCONSULTING
15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.
16.0 LICENSES
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warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
17.0 FINANCIAL` RECORDS
17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.
19.0 CONFIDENTIALITY
19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
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19.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.
Contractor further agrees that no employee, agent, or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).
23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
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24.0 SERVICE OF NOTICE
24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.
No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work 04/22/2025
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contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
29.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.
Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
30.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
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31.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
ANALISA HOLBROOK, RISK MANAGER
By:
APPROVED
Amanda L. Guy
20250321100943
“Contractor”
SPEAR & ASSOCIATES, INC., a California
corporation
By:
Name/Title
By:
Name/Title
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EXHIBIT A
REQUEST FOR PROPOSALS
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REQUEST FOR PROPOSALS (RFP)
FOR
AS-NEEDED ENGINEERING SURVEY SERVICES
Engineering Department
Submittal Deadline: FRIDAY, FEBRUARY 21
ST, 2025 at 4:00 P.M.
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REQUEST FOR PROPOSALS FOR AS-NEEDED PROFESSIONAL
ENGINEERING SURVEY SERVICES FOR
CAPITAL IMPROVEMENT PROJECTS
1. INTRODUCTION
The City of Vista (City) is soliciting proposals in response to this Request for Proposals (RFP) from qualified professionals (Consultant) to pr ovide as-needed engineering survey services for various capital improvement projects. All proposals received by the due date will be evaluated in accordance with applicable provisions of the Vista Municipal Code (VMC) and the City intends to select three firms according to the evaluation criteria described in this RFP and any subsequent negotiations.
The initial term or period of the contract shall be three years (36-months) from the date of award with the possibility of two (2) optional successi ve one-year (12-month) renewal periods. This contract may be renewed by the City for two (2) successive one-year periods under the terms and conditions of the original contract except as stated below. Price increases in the amount of the Consumer Price Index (CPI) may be requested by the Consultant for the option years. Written notice of the City’s intension to renew shall be given approximately 90 calendar days prior to the expiration date of each contract period.
This contract between City and Consultant for as-needed engineering survey services will have a ceiling amount of $600,000 for the three-year term. An additional contract amount not to exceed $50,000, may be approved at any time by the City Manager, including during the two (2) optional successive one-year (12-month) renewal periods.
Proposals shall be submitted in accordance with the requirements of this RFP. A separately uploaded electronic Fee Schedule (hourly rate) shall be included with the Proposal, which the City shall only open after first considering and ranking the qualifications presented by each firm.
2. RESPONSE DUE DATE AND SUBMITTAL PROCESS
Proposals for this solicitation must be submitted electronically through the City’s Electronic Bidding System (OpenGov Procurement). Hardcopy proposals will not be accepted. Proposers must create a personal free account with OpenGov Procurement at:
https://procurement.opengov.com/signup. If a Consultant is unable to register or download the RFP from OpenGov Procurement, a Consultant representative may contact OpenGov Procurement to troubleshoot the problem. Registered proposers may obtain proposal materials and view submission procedures for this solicita tion on the City’s OpenGov Procurement portal at: https://procurement.opengov.com/portal/cityofvista. Proposers must also download this solicitation to appear on the Bidder’s List as a “Prospective Bidder.” Proposers that fail to download this solicitation will not appear on the Bidders’ List and will not receive addenda or be able to submit a proposal.
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All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement. Questions must be submitted by the Question Submission Deadline listed in OpenGov Procurement. The City reserves the right to extend the date for question submission and by which proposals are due.
All proposals for this solicitation must be s ubmitted online through OpenGov Procurement by FRIDAY, FEBRUARY 21
ST, 2025 at 4:00 P.M.
OpenGov Procurement’s clock will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner by the proposal due date and time, as described above, will not be considered.
Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from OpenGov Procurement.
3. PROPOSAL REQUIREMENTS
The proposal shall be limited to fifteen (15) 8.5” x 11” pages, excluding cover letter, resumes, and appendix material. A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address for the consultant. The cover letter shall include a statement that the consultant can meet the City’s insurance requirements and is prepared to execute the Professional Services Agreement as written. A rate schedule (as described in the following section), shall be provided in a separate electronic file uploaded to OpenGov Procurement.
Faxed and email copies will not be accepted.
Proposals shall include a discussion of the Consultant's overall approach to the on-call contract, a summary of key personnel and qualifications, an organization chart, a rate schedule, and documentation of the firm’s and any sub-consultant’s qualifications. The proposal should be concise, well organized, and demonstrate the responders' qualifications and experience applicable to the contract. Responders will be evaluated based on the information submitted in accordance with the criteria for selection provided herein.
Proposals submitted in response to this RFP shall include:
3.1 Cover Letter - A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. In cases where a team member voluntarily leaves a firm, the Consultant shall provide the City a proposal for substitute team member subject to the approval for the City.
3.1.1 The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address for the Consultant.
3.1.2 The cover letter shall include a statement that the Consultant can meet the City’s insurance requirements and is prepared to execute the Standard Consulting Agreement as written, and will not make any changes to the project team without authorization of the City.
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3.2 Company Information
3.2.1 Identification of Responder;
3.2.2 Legal name and address of the company (partnership, corporation, joint venture, etc.);
3.2.3 Identification of the parent company (if applicable);
3.2.4 Addresses of offices located in San Diego C ounty;
3.2.5 Number of employees in San Diego County;
3.2.6 Name, title, address and telephone number of person to contact concerning the proposal;
3.2.7 California Department of Industrial Relations (DIR) Number. If company does not have a DIR Number, state justification;
3.2.8 Secretary of State Entity Number;
3.2.9 Contractor’s License applicable to the proposed Scope of Services.
3.3 Proposed Task Order Approach – Discuss one generalized approach to time- budget management, documentation, requirements from the City, consideration for consultant’s workload at the time of the task order issuance, and quality assurance and quality control (QA/QC) program.
3.4 Project Team and Organization Chart
3.4.1 Describe project organization, including identification and responsibilities of key personnel.
3.4.2 Indicate roles of prime and all sub-consultants.
3.4.3 Provide a discussion of the experience of the Project Manager and other key staff members that would be involved with performing on-call services for the City.
3.4.4 Provide resumes of the Project Manager and other key staff members who will work on this contract. The resume shall include relevant experience, education, licenses, and certifications. The resume for each individual shall not exceed two pages in length. Resumes may be included as an appendix to the main document.
3.4.5 Describe proposed line-of-communication between the City, prime team members, and sub-consultant
3.5 List of officers authorized to sign on firm’s behalf.
3.6 References – The Consultant shall provide a minimum of three (3) references for 04/22/2025
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similar projects for the prime firm. At a minimum, each reference shall include the client’s name and location, number of projects completed for the client, client contact name and phone number.
3.7 Experience
3.7.1 Provide a brief description of Consultant’s experience in completing similar efforts within the last 5 years.
3.7.2 Provide a detailed discussion of specialized experience in completing the scope of required services.
3.7.3 Projects currently being performed may be submitted for consideration.
3.7.4 Project information should include a brief project description, agency or client name, their telephone number(s), the year of completion, and the contract fee.
3.7.5 Identify team members proposed for this RFP and their roles on the projects.
3.7.6 Exceptions to RFP – Consultant shall certify that it takes no exceptions to the RFP including the Sample Agreement. If the Consultant does take exception(s) to any portion of the RFP, the specific portion to which exception is taken shall be identified and explained.
3.8 The consultant shall submit as an attachment (not a part of the 15 pages), examples of the firm’s work product. These examples of work product shall consist of:
3.8.1 A non-aerial topographic map
3.8.2 A survey cut sheet for curb staking
3.8.3 A Record of Survey map
3.9 Rate Schedule (separate electronic file uploaded to OpenGov Procurement, excluded from the page count limit):
3.9.1 Rate Schedule- A separate sealed rate schedule for Time and Materials for all personnel and sub-consultants. Service costs are to be provided on a per hourly basis and the proposed rates shall clearly correlate with names and classification of staff likely to be involved with the projects.
3.9.2 Billing -The City requires that all billing for work done by the end of a billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describi ng work performed. Final billing will be approved for payment only after a completed status report has been approved by the City.
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exempt employees. Indicate the normal hours of work and overtime rate for non-exempt employees.
4. SCOPE OF SERVICES
The City of Vista is seeking qualified professionals with extensive experience in land surveying and mapping. The services to be performed by the selected Consultant shall include but not be limited to the following: perform document research; review documents prepared by others; conduct field reviews; perform coordinate conversions; boundary surveys, topographic surveys, set control for aerial photogrammetry, conduct field design and construction surveys/staking; pothole and locate existing utilities; review traverse calculations and closure calculations; review plat and legal descriptions; review parcel maps and final maps for technical correctness; coordinate with County Surveyor’s Office; and prepare hard copy documents for the City of Vista.
4.1 Scope of Work - The selected Consultant shall provide as-needed services to the City of Vista. In general, the services will include the following:
4.1.1 Establishing Control – Establishing horizontal and vertical control from existing benchmarks and/or control points for field design survey, aerial surveys, etc.
4.1.2 Locating and Preserving Monuments
4.1.3 Writing legal descriptions and creating graphic plans for deeds, easements, etc.
4.1.4 Preparing exhibits in AutoCAD
4.1.5 Construction Staking
4.2 Utility Location
4.2.1 Shall consist of surface and subsurface location and identification. Data obtained for mapping utilities will be from as-built drawing, field investigation and research, and verification by ground surveys.
4.2.2 Utilities to be identified are: natural gas, electrical, sanitary sewer, steam, water, communications (telephone, fiber optic, and cable TV), fuel lines, and storm drainage.
4.2.3 Invert elevations shall be given for storm and sanitary piping to the nearest
0.01 foot. Top and bottom elevations shall be given for manhole, head wall, inlets, and like facilities. All piping, cables, and other utilities shall be identified as to type (sanitary or storm sewer, water, electrical, etc.) and type material (steel pipe, concrete, PVC, etc.)
4.2.4 For certain projects the City may require the Consultant to subcontract with a Geophysical Survey firm to locate underground utilities with a combination of traditional radio frequency utility locating techniques with geophysical techniques including ground penetrating radar and 04/22/2025
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electromagnetics. Providing a complete picture of active and abandoned utility lines. Consultant shall coordinate with Geophysical Survey firm and survey information provided by Geophysical Survey.
4.2.5 For Certain projects the City may require the Consultant to subcontract to subcontractor with a “soft dig” potholing firm to locate underground utilities by excavation and measurement. Consultant shall coordinate with “soft dig” firm and survey information provided by said firm.
4.3 Topographic Surveys
4.3.1 Shall consist of locating all site features and improvements including buildings, structure outlines, paved areas such as parking lots, driveways, walkways, types of pavement, curbs, gutters, width of pavement, and fences, etc. The limits and description of vegetation and masses shall be included. Also, individual trees of four inches or larger diameter shall be located and identified.
4.3.2 The 100-year floodplain contour elevations and the appropriate flood insurance map panel number should be identified on the map legend.
4.3.3 The surveyor shall set at least one (1) permanent bench mark on each site.
Street Survey Monuments shall be installed by the surveyor and shall consist of a brass disk which shall be set in a 6-inch diameter by 3-foot- deep concrete monument along with cast iron frame and cover.
4.4 Establishing City Right-of-way and adjacent property lines
4.5 Traffic Control – The Consultant shall coordinate and provide all traffic control for field surveying. Traffic control for field survey will be per the California MUTCD and San Diego Area Regional Standard Drawings.
4.6 Re-establishing monuments that have been destroyed from construction or cannot be located. The City has a monument net work that includes monuments that are recorded with the County Surveyor’s office. Using the available coordinates and other information provided by the City for the missing monuments, the Consultant shall locate and re-establish monuments that cannot be located. Re-establishing means to reset, at grade, the monument and provide revised vertical elevations for the re-established monument.
4.7 Preparing and filing required Corner Records, Records of Survey, and Maps.
Review of tentative parcel maps, tentative subdivision maps, parcel maps and final maps for technical correctness. Signature of parcel maps and final maps. Review of plat and legal descriptions. Review of traverse calculations and closure calculations. Review of certificates of compliance. Offering technical opinions and review of the subdivision map act and the land surveyors act.
The selected Consultant shall be expected to comply with all applicable federal and state and local regulations, and contract provisions.
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Consultant shall carry out the instructions received from the City and shall cooperate with the City and other involved agencies.
The Consultant has total responsibility for the accuracy and completeness of the documents prepared and shall check all such materials accordingly. The documents will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City do NOT include detailed review or checking for accuracy. The responsibility for accuracy and completeness of such items remains solely that of Consultant.
The survey documents and calculations, and any other documents furnished under the Agreement shall be of a quality acceptable to the City. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.
The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The Quality control plan shall establish a process whereby plans are independently checked, corrected and back checked, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files.
All plats, maps, and other exhibits shall be computer drafted in AutoCAD and delivered to the City of Vista on portable thumb drive or hard drive, if they cannot be emailed. Additionally, the Consultants shall be capable of preparing survey information in GIS (ArcView) format.
5. PERFORMANCE
5.1 Provide services in accordance with specific projects on an as-needed basis.
5.2 Commencement of work under this Agreement shall occur only upon receipt of a Task Order approved by the City with the generation of a Purchase Order.
5.3 The cost of each Task Order under this Agreement shall be the negotiated cost for a specific project during the term of the Agreement using firm fixed price, or not to exceed price, or hourly rates.
5.4 Deliverables required are project specific and will be determined in the Task Order.
6. DELIVERABLES
The Consultant shall make project documentation available to City of Vista at any time during the project and shall periodically provide the City’s Project Manager project documentation to upload into the City’s filing system. At the conclusion of the project, the Consultant shall provide City with all project documentation.
7. PROJECT PROGRESS
The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City.
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The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement is fully executed and approved by the City Council
8. CITY RESPONSIBILITIES
The following is a list of the City’s responsibilities during the term of the agreement:
8.1 Provide all available existing plans and records. Consultant is responsible for researching available records at County Surveyor’s office and paying for copies of records.
8.2 Obtain permission from the private property owner, if they refuse, to allow the Consultant to enter.
8.3 Prepare and process payment requests submitted to the City.
8.4 Distribute public information.
8.5 Provide survey controls (benchmark and centerline monument records) necessary for surveys.
8.6 Prepare and execute agreements with other agencies or entities.
8.7 Pay for permit fees.
8.8 Provide timely responses to requests from the Consultant.
9. COORDINATION
Coordination with the City, other consultants and other involved agencies may be required to achieve timely delivery of the contract servic es. Coordination may include, but not be limited to, coordination with Caltrans, County of San Diego, Vista Irrigation District, NCTD and other agencies.
The City will decide the manner in which the coordination of individual matters is undertaken. At the City’s option, coordination efforts may be performed by the Consultant’s direct contact, by the Consultant acting though the City or by the City only. When coordination efforts require agreement, such agreement shall be coordinated through the City.
For contract work on property not owned or controlled by the City, all permits, agreements and permissions will be obtained by the Consultant.
10. PROPOSAL SCHEDULE
The solicitation receipt and evaluation of proposals and the selection of the Consultant(s) will conform to the following schedule (Note: Dates are subject to change):
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City Releases RFP on OpenGov Procurement January 28, 2025 Deadline for Questions February 10, 2025
Addendum Release (if required) February 12, 2025
Proposals Due February 21, 2025 at 4 P.M.
Notice of Consultant Selection March 5, 2025
City Council Meeting for Award of Contract April 8, 2025
11. EVALUATION CRITERIA
The City’s consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for the professional services included in this RFP. An evaluation committee appointed by the City Engineer will review the proposals. The criteria for evaluating the proposals will take the following items into consideration:
11.1 Experience and reputation of the Consultant’s firm and of sub-consultant firms, as evidenced by experience working with proposed sub-consultants as a team and by City’s verification of proposal information and references; (30%)
11.2 Experience and credentials of key personnel assigned to the project, as evidenced by their education, background, and experience on similar projects; (15%)
11.3 Consultant’s understanding of project objectives and requirements as evidenced in the written Scope of Work and Work Plan narratives: (5%)
11.4 Consultant’s quality of work as evidenced by example work products and samples and by reference checks; (10%)
11.5 Consultant’s past record of performance on similar projects for other agencies related to control of costs and adherence to schedules, as evidenced by reference checks; (15%)
11.6 Consultant’s familiarity with City requirements, specifications, and procedures, as evidenced by City’s prior experience with the Consultant; (10%)
11.7 Willingness of Consultant to sign City’s Standard Professional Services Agreement and provide required insurance; (10%)
11.8 Consultant’s proposed use of Disadvantaged Business Enterprises; (5%) and
All evaluation criteria are subject to change via an addendum to this RFP.
Rate Schedule (separate electronic file uploaded to OpenGov Procurement – the rate schedule of the top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The City may interview a short list of top ranked consultants or proceed directly to negotiating the final fee schedule with the top ranked consultant. The ultimate consultant selection will be based upon both technical merit and value to the City.
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12. ESTABLISHMENT OF FEES
The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered as negotiated. For projects with a specific scope of work and duration, a project specific fee proposal will be requested. A Work Plan and a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-consultant services shall be included with the fee proposals for individual projects. The labor breakdown shall be based on a listing of work tasks that correlates with the Consultant’s defined scope of work for the project proposal.
This information will be used by City’s staff to evaluate the reasonableness of the fee proposal, and will be used in negotiating the final fee amounts for each task requested by the City on an as-needed basis.
There will be no compensation to Consultant for hours expended due to Consultant’s errors and omissions.
The Consultant’s Standard Hourly Billing Rates (Fee Schedule) for all classifications of staff likely to be involved with an individual project shall be included with the Request for Proposals along with the mark-up rate for any non-labor expenses and sub-consultants. The fee schedule shall clearly identify the hourly rates for classifications of staff receiving prevailing wage rates.
During the term of the Agreement there will be no increases to the fee schedule.
13. METHOD OF PAYMENT
The Consultant shall submit monthly invoices to the City. Each invoice shall include a detailed breakdown of the services, the tasks, the hours, the personnel and staff type who worked on the project, and hourly rates.
14. PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for review, as Attachment “A”. The RFP and the Consultant’s Proposal will be attached and become part of the Agreement as exhibits.
Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP.
The signer of the Proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the Proposal is made without collusion with any other person, persons, company, or parties submitting a Proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the Proposal has full authority to bind the principal proposer.
Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker’s compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The insurance certificate shall include the City of Vista, its officers and employees as insured or additional insured.
The contents of the Proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation will result in the cancellation of any award. Any damage accrued by the City as a result of a failure to contract may be 04/22/2025
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recovered from the Consultant.
15. ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Project Manager) and an alternate, who shall be identified in the proposal. The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the Notice-to- Proceed through project completion. If the Consultant’s Project Manager should be unable to continue with the project, then the Consultant shall notify the City’s representative in writing. The City’s representative shall first approve any substitution of representatives or sub- consultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub-consultant substitution or removal, and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Project Manager leaves the Consulting firm.
16. RIGHT TO REJECT PROPOSALS
The City reserves the right to delay the project or reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to extend the due date, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.
All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the Respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Respondent. All proposals submitted to the City of Vista become the property of the City.
17. DISCLOSURE
All Proposals become the property of the City unless a return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following. These requirements include an exemption for “trade secrets”. If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.
18. LATE, MODIFIED, OR WITHDRAWN PROPOSAL
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All proposal documents and supplementary documents must be uploaded using OpenGov Procurement as described in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. Proposals received via mail, e-mail, and fax will not accepted.
Any modification of a Proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.
Proposals may be withdrawn by written notice received at any time prior to Notice of Intent to Award. Thereafter, all Proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter. Proposals may be withdrawn in person by the consultant or an authorized representative, provided the authorized representative's identity is made known and the representative signs a receipt for the Proposals prior the posting of Notice of Intent to Award of contract award.
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EXHIBIT “A”
Sample
City of Vista
Professional Services Agreement
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00034875 3 1 of 11 NAMEX
Professional Services – RFP – Prevailing Wages
CONTRACT FOR PROFESSIONAL SERVICES
TYPE OF SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).
1.0 THE “PARTIES”
The “City”:
CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: WorkingName
Billing Contact: BillingName
The “Contractor”
Namex, statusx
Address1
Address2
Contact: ContactName
2.0 BASIC TERMS
2.1 The “ Services” to be performed by Contractor are set forth in (“Exhibit A”).
2.2 The “ Required License” for the Services is: type.
2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.
2.4 The “ Project” for which the Services are required is described in Exhibit A.
2.5 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).
2.6 The “ Contract Ceiling Price” is: pricex.
2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for xx calendar months (“ Term”) from the Contract Date. The Term may be extended at the City’s option for an additional yy months, in increments of City’s choice, for a maximum Term of zz from the Contract Date.
3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to 04/22/2025
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the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material, and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished, and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed. For contract option years, City may approve upon Contractor’s request of an increase in the pricing in Exhibit B in the amount of the increase in the Consumer Price Index, San Diego Area, for all Urban Customers (CIP-U) as published by the Bureau of Labor Statistics during the preceding year, or 3.0% whichever is less.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to 04/22/2025
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00034875 3 3 of 11 NAMEX
Professional Services – RFP – Prevailing Wages
this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).
7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
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10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
10.1 Except as otherwise provided, whenever reference is made to “ Standard Specifications”, it shall mean:
Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.
10.2 Except as otherwise provided, whenever reference is made to “ Standard Plans”, it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
City: The City of Vista.
Board: The City Council of the City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.
12.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES
12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
12.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
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eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.
12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.
13.0 CIVIL RIGHTS
13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also 04/22/2025
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indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
15.0 ASSIGNMENT AND SUBCONSULTING
15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.
16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor 04/22/2025
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warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
17.0 FINANCIAL` RECORDS
17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.
19.0 CONFIDENTIALITY
19.1 Contractor shall treat all information obt ained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
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19.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.
Contractor further agrees that no employee, agent, or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).
23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
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24.0 SERVICE OF NOTICE
24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.
No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work 04/22/2025
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contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
29.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.
Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
30.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
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31.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN CONLEY, CITY MANAGER
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
A
NALISA HOLBROOK, RISK MANAGER
By:
“Contractor”
NAMEX, statusx
By:
Name/Title
By:
Name/Title
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00034875 3 Exhibit A
EXHIBIT A
REQUEST FOR PROPOSALS
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00034875 3 Exhibit B
EXHIBIT B
CONTRACTOR’S PROPOSAL
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor 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 the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 04/22/2025
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to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 04/22/2025
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complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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00034875 3 Exhibit D
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor ma y be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payment s to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provis ions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agenc y, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the prov isions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the pr ovisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisio ns of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 pr ovide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:
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EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. State of California grant conditions, as attached.
2. Federal grant conditions, as attached.
3. Other conditions, as attached.
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00034875 3 Exhibit B
4906-5156-9196, v. 2
EXHIBIT B
CONTRACTOR’S PROPOSAL
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SPEAR & ASSOCIATES, INC.
CIVIL ENGINEERING & LAND SURVEYING
475 PRODUCTION STREET
SAN MARCOS, CA 92078
(760) 736-2040
WWW.SPEARINC.NET
Subject: PROPOSAL FOR AS-NEEDED PROFESSIONAL ENGINEERING SURVEY
SERVICES FOR CAPITAL IMPROVEMENT PROJECTS
February 21, 2025
Spear & Associates, Inc. is pleased to respond to the City of Vista’s Notice of Request for Proposal (RFP) for As-Needed Engineering Survey Services.
Spear & Associates, Inc. (SAI) team members together with associated sub-consultants (see appendices) wish to express our sincere interest and guaranteed commitment in assisting the City of Vista with Engineering Survey and Mapping Services as described in their RFP.
Throughout this response to the RFP, the SAI Team will demonstrate their understanding of the City of Vista’s needs, their ability to meet those needs as they arise, as well as their qualifications to provide any and all required services in a professional manner throughout the duration of the contract.
SAI is submitting this Proposal of Qualifications with an exceptional team who maintains the expertise needed to conduct Engineering Survey and Mapping Services to meet the requirements of the City of Vista.
Bruce Bonde has worked with the City of Vista and understands the City’s needs. The City of Vista expects SAI to support the City on an as-needed basis. SAI is experienced working with Public Agencies, School Districts, Utility companies, Water Districts, Sewer Districts, Architects, Engineers, Project Inspectors, Project Contractors, Construction Managers and other special inspectors. SAI will be an integral member of the Project Team to provide comprehensive as- needed Engineering Surveying and Mapping Services that meet the needs of the City of Vista within budget and on schedule.
Professional service agreement - SAI does not foresee any problem signing the agreement that is attached to the RFP and is prepared to execute the Professional Service Agreement as written.
Insurance Requirements - SAI carries the required insurance as listed in the RFP and will be able to provide certificates of insurance to the City of Vista. SAI will ensure all sub-consultants meet the City’s insurance requirements.
The opportunity to submit this Proposal of Qualifications is greatly appreciated and we look forward to providing the required products and services to the City of Vista.
Respectfully,
Spear & Associates, Inc.
Bruce C. Bonde, PLS 6144
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PROPOSAL AND QUALIFICATIONS FOR
PREPARED FOR:
CITY OF VISTA
ENGINEERING DEPARTMENT
200 CIVIC CENTER DRIVE
VISTA, CA 92084
PREPARED BY:
SPEAR & ASSOCIATES, INC.
CIVIL ENGINEERING & LAND SURVEYING
475 PRODUCTION STREET
SAN MARCOS, CA 92078
Phone: (760) 736-2040
E-mail: [email protected]
Officers authorized to sign on firm’s behalf:
Josh Zeigler, PE, President
Ray Spear, PLS, Vice President
Secretary of State Entity No. 1966418
DIR # 1000020705
Number of Employees 14
_______________________
Bruce C. Bonde, PLS 6144
February 21, 2025
AS-NEEDED
PROFESSIONAL ENGINEERING SURVEY SERVICES
CAPITAL IMPROVEMENT PROJECTS
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TABLE OF CONTENTS
COVER
TABLE OF CONTENTS
SECTION 1. PROJECT UNDERSTANDING
Scope of Work…Pages 4-6
Topographic Survey Narrative…Page 7
SECTION 2. PROJECT TEAM AND ORGANIZATIONAL CHART
Synopsis of SPEAR & ASSOCIATES, INC.- SAI…Page 9
SAI - Project Team Staff…Page 10
Sub-Consultants …Page 10
Organization Chart…Page 11
SECTION 3. PROJECT REFERENCES
Project Types …Page 13
Projects with Narrative …Page 14-15
1. 19-125 CITY OF POWAY - POWAY DAM
2. 03-146 TURNER DAM
3. 19-171 VCMWD - NELSON WAY, ESC - RAINBOW PUMP STATION
4. 19-222 MIRAMAR ROAD, SAN DIEGO
5. 18-160 ST. ANDREWS BUSINESS PARK LOTS 1 & 2, OTAY MESA
6. 22-124 AIRWAY ROAD, SAN DIEGO
References…Page 15
SECTION 4. EXAMPLES OF WORK …Attachment (Not part of 15 pages)
APPENDIX A - Professional resumes
APPENDIX B - AeroTech Mapping Inc. (Aerial Mapping Sub-Consultant) APPENDIX C - Air X (Utility location “soft dig” Sub-Consultant) APPENDIX D - Clark Land Resources (Utility Specialist Sub-Consultant) APPENDIX E – Spear & Associates, Inc. Brochure
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SECTION 1
➢ Scope of Work
➢ Topographic Survey Narrative
PROJECT UNDERSTANDING
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SCOPE OF WORK
Our Understanding is the City of Vista is seeking qualified professionals to provide as-needed engineering survey services for various capital improvement projects. These services to include, but not limited to, the following: perform document research; review documents prepared by others; conduct field reviews; perform coordinate conversions; boundary surveys, topographic surveys, set control for construction and aerial photogrammetry, assist COV staff with field design changes and construction surveys/staking; pothole and locate existing utilities; review traverse calculations and closure calculations; review plat and legal descriptions; review parcel maps and final maps for technical correctness; coordinate with Country surveyor’s Office, County of San Diego, VISTA Irrigation District, Caltrans, NCTD and other agencies; and prepare hard copy documents for the City of Vista.
We shall provide as-needed services to the City of Vista. The services will include, but not limited to, the following:
1. Establishing Control - Establishing horizontal and vertical control from existing benchmarks and/or control points for field design survey, aerial surveys, etc.
SAI is familiar and has used the City of Vista control network ROS 14023 (CCS83 epoch1991.35, NGVD29). The nearest control will be adjusted to and then additional control will be set as needed for conducting survey projects within the City.
See Topographic Survey Narrative for No. 2 -4 below
2. Locating and Preserving Monuments.
See SECTION 5 EXAMPLES OF WORK: Example 1 - Corner Record & Example 2 & 3 - Record of Survey
3. Writing legal descriptions and creating graphic plans for deeds, easements, etc.
See SECTION 5 EXAMPLES OF WORK: Example 4 – Legal Description & Plat
4. Preparing exhibits in AutoCAD
See SECTION 5 EXAMPLES OF WORK: Example 5 – Plat for Detail Ramp
5. Construction Staking
See SECTION 5 EXAMPLES OF WORK: Example 6 - cut sheets
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6. Utility Location
See TOPOGRAPHIC SURVEY NARRATIVE for Utility Location
a. Shall consist of surface and subsurface location and identification. Data obtained for mapping utilities will be from as-built drawing, field investigation and research, and verification by ground surveys.
b. Utilities to be identified are: natural gas, electrical, sanitary sewer, water, communications (telephone, fiber optic, and cable TV), fuel lines, and storm drains.
c. Invert elevations shall be given for storm and sanitary piping to the nearest 0.01 foot. Top and bottom elevations shall be given for manhole, head wall, inlets, and like facilities. All piping, cables, and other utilities shall be identified as to type (sanitary or storm sewer, water, electrical, etc.) and type material (steel pipe, concrete, PVC, etc.)
d. For certain projects the City may require the Consultant to subcontract with a Geophysical Survey firm to locate underground utilities with a combination of traditional radio frequency utility locating techniques with geophysical techniques including ground penetrating radar and electromagnetics. Providing a complete picture of active and abandoned utility lines. Consultant shall coordinate with Geophysical Survey firm and survey information provided by Geophysical Survey.
e. For Certain projects the City may require the Consultant to subcontract to subcontractor with a "soft dig" potholing firm to locate underground utilities by excavation and measurement. Consultant shall coordinate with "soft dig" firm and survey information provided by said firm.
7. Topographic Surveys
See TOPOGRAPHIC SURVEY NARRATIVE for topographic surveys a. Shall consist of locating all site features and improvements including buildings, structure outlines, paved areas such as parking lots, driveways, walkways, types of pavement, curbs, gutters and width of pavement, fences, etc. The limits and description of vegetation and masses shall be included. Also, individual trees of four inches or larger diameter shall be located and identified. b. The 100-year floodplain contour elevations and the appropriate flood insurance map panel number will be identified on the map legend.
c. The surveyor shall set at least one (1) permanent benchmark on each site. Street Survey Monuments shall be installed by the surveyor and shall consist of a brass disk which shall be set in a 6-inch diameter by 3-foot long concrete monument along with cast iron frame and cover.
In lieu of the monument described, SAI suggests a more cost-effective monument be considered; i.e. a Lead & Nail or Brass Tag, Type of Monument be affixed in the top of Curb or another type of Concrete Structure near the Project.
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See TOPOGRAPHIC SURVEY NARRATIVE for No. 8-11 below
8. Establishing City Right-of-Way and adjacent property lines See section 5 Examples of work: Example 4 - Description & Plat
9. Traffic Control -The Consultant shall coordinate and provide all traffic control for field surveying. Traffic control for field survey will be per the California MUTCD and San Diego Area Regional Standard Drawings.
10. Re-establishing monuments that have been destroyed or cannot be located. The City has a monument network that includes monuments that are recorded with the County Surveyor's office. Using the available coordinates and other information provided by the City for the missing monuments, the Consultant shall locate and re-establish monuments that cannot be located. Re-establishing means to reset, at grade, the monument and provide revised vertical elevations for the re-established monument.
11. Preparing and filing required Corner Records, Records of Surveys, and Maps.
SECTION 5 EXAMPLES OF WORK: Example 1 - Corner Record & Example 2 & 3 - Record of Survey
12. Review of tentative parcel maps, tentative subdivision maps, parcel maps and final maps for technical correctness. Signature of parcel maps and final maps. Review of plat and legal descriptions. Review of traverse calculations and closure calculations. Review of certificates of compliance. Offering technical opinions and review of the subdivision map act and the land surveyors act.
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TOPOGRAPHIC SURVEY NARRATIVE
Assuming the “topographic survey” is for improvements of a street widening and or realignment, the limits of the project defined by the City. Research of existing right-of-way vs. proposed right-of-way and list of property owners to obtain permission of entry for the survey. At this stage, the most cost-effective approach will be determined i.e. conventional topography vs.
Aerial Topography supplemented by conventional survey.
With an agreement, scope & cost, (assuming the cost-effective approach is an aerial topographic survey, supplemented by conventional survey methods). SAI will proceed with the research for the records (Maps & Deeds of Properties) in the survey area. Identifying record monuments to be searched for, prepare legal descriptions and plats for acquisition of the required right-of-way, if needed, mark limits and request utility mark outs, coordinate with the aerial sub- consultant, setting aerial panels, establish horizontal & vertical control, control to be based on CCS 83 & NGVD 29 datum; (ROS 14023). If desired NAVD 88: datum used for current FEMA FIRM panels and map revisions, can be established, referenced and provided. Traffic control provision in accordance with CA MUCTD & San Diego Regional Standard Drawings for ultimate safety of the public and survey personnel will be achieved.
With the aerial base map in hand, the control /supplemental topographic survey will consist of:
locating the record and non-record monuments discovered in conducting the survey, set a sufficient number of horizontal control monuments to allow for monument perpetuation through construction, should the survey disclose material discrepancies, prepare and file a Record of Survey as required by Sec. 8762 of the Business & Professions Code, set a permanent bench mark on-site, locating all site features and improvements including buildings, structure outlines, paved areas, parking lots, driveways, walkways, types of pavement, curbs, gutters and width of pavement, fences, etc. The joins of curb and gutter will be located. When performing conventional topo for pedestrian ramps and asphalt joins locate past the existing join at an interval of 1 foot and at 5 feet or as necessary to accommodate for the transition. The limits and description of vegetation included individual trees of four inches or larger shall be located and identified.
The topographic survey provided shall consist of surface and subsurface data for mapping utilities obtained from research, as-built drawings, and verification by ground survey. Utilities to be identified are: natural gas, electrical, sanitary sewer, water, communication facilities (telephone, fiber optic, and cable TV), fuel lines, and storm drain facilities.
Invert elevations shall be given for storm drain and sanitary sewers to the nearest 0.01 foot.
Top and bottom elevations shall be given for manholes, head walls, inlets & outlets. All piping, cables, and other utilities shall be identified as to type (sanitary or storm sewer, water, electrical, along with type of material i.e. steel pipe, concrete, PVC, etc.) Certain projects may require the Consultant to subcontract with a Geophysical Survey firm to locate underground utilities with a combination of radio frequency locating techniques, ground radar, or electromagnetic or a “soft dig” potholing firm. SAI has contacted a firm that can provide the above disciplines and will coordinate with such firm as projects require.
In the post processing stage SAI will verify the accuracy of survey data, including measurements and calculations conducted at survey sites. Then prepare and maintain sketches, maps, reports, and legal descriptions of surveys to describe and certify for work performed. Upon completion of the field work, SAI will prepare the final deliverables in the requested format. This could include but not limited to, a point .txt file, DWG file, or GIS (ArcView) format. Finalized topo maps can be provided with current FEMA flood panel overlays and include reference to map revisions. In some situations, support is needed during the city’s review (design phase) of the finished product.
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SECTION 2
➢ Synopsis of SPEAR & ASSOCIATES, INC.- SAI
➢ SAI - Project Team Staff
➢ Sub-Consultants
➢ Organization Chart
PROJECT TEAM AND ORGANIZATIONAL CHART
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Synopsis of SPEAR & ASSOCIATES, INC.- SAI
At Spear & Associates, Inc., our reputation sets us apart from other companies in our industry. A good reputation in land surveying helps build long-term relationships with clients, contractors, real estate professionals, government agencies, and all consultants working together, leading to repeat business and referrals.
Our mission is to provide accurate, reliable, and efficient land surveying services to our clients, ensuring the highest quality results for both residential and commercial projects. We are committed to utilizing advanced technology and innovative solutions to deliver precise measurements, uphold safety standards, and offer exceptional customer service. Our goal is to support the development and growth of our community by helping our clients with their surveying needs, providing clear and precise information.
SAI focuses on several factors to achieve the highest standards we set for ourselves, including some of the following:
We always ensure accuracy & precision, as this is mandatory in our industry for success Our expertise & experience is invaluable to our clients We pride ourselves on our professional customer service Exceptional attention to details to ensure safety standards are met and exceeded
SAI was established in 1993 to provide land surveying and civil engineering services to all of San Diego County and surrounding areas. We have provided services to many projects within the City of Vista and have established working relationships with many municipalities, public agencies, and private firms to provide excellent services as a Certified Small Business No. 62243 with the State of California.
SAI has two licensed land surveyors on staff along with highly qualified field and office support personnel as support staff to the licensed land surveyors, working together to provide the highest quality and accurate services in the field. We feel our staff is of the utmost importance and ensure they have the training needed to stay up to date on the most recent advancements in the fields.
SAI is equipped to perform a variety of land surveying, civil engineering and mapping services. All services provided are under the direct supervision and control of our licensed land surveyors and licensed civil engineers on staff. All services provided by SAI on projects authorized by the City of Vista, will receive the highest level of priority and accuracy while maintaining thorough communication with the City of Vista’s representatives.
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SAI - Project Team Staff
Bruce Bonde, PLS - Primary Contact
Mr. Bonde will be the Project Manager & Primary point of Contact. He has 40 years of experience working with the City of Vista, his primary duties will include coordination with the City, daily coordination of work flow, personnel, quality control, researching and reviewing maps & documents. Analysis and adjusting survey data to established control in AutoCAD Civil 3d, aligning record data to found monuments, preparing maps and writing legal descriptions with plats.
Ray Spear, PLS – Vice President, Secondary Contact
Mr. Spear will be the secondary Project Manager & point of Contact, 32 years as a principal of SAI. His primary duties will include as needed coordination with the city, daily coordination of workflow, personnel, quality control, researching and reviewing maps & documents. Analysis and adjusting survey data to established control , preparing maps and writing legal descriptions with plats.
Josh Zeigler, PE, QSD – President
Mr. Zeigler’s primary duties will be overseeing company operations and provide expertise related to ADA compliance.
Mathew Dotson – Survey Manager
Mr. Dotson duties will include coordination of field crews, processing & note reduction of field data in AutoCAD Civil 3d.
Phillip Stuart – Survey Crew Chief
Thomas Gunn – Survey Crew Chief
Benjamin Dover – Survey Crew Chief
Daniel Vaughan – Survey Crew Chief
Survey Crew Chief’s primary duties will include ; operating the GNSS/GPS & Total Station equipment for searching & locating monuments, locating utilities, locating topography and construction staking.
Susan Davis – Office Accounting
Mrs. Davis’s duties will be project Accountant, Payroll including prevailing wage payroll and reporting payments to DIR.
Sub-Consultantants
• AeroTech Mapping, Inc. – Photogrammetric Service Provider Certified DBE - See Appendix B
• AIRX Utility Surveyors Inc. – Geophysical Surveys “Soft Dig” potholing Certified WBE - See Appendix C
• Clark Land Resources, Inc. - Utility Specialist
Certified WBE - See Appendix D
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Organizational Chart
PHOTOGRAMMETRIC SERVICES
UTILITY SURVEYORS
UTILITY SPECIALIST
SUB-CONSULTANTS
Licenced Professioals
Professional Land Surveyor
Bruce Bonde, PLS - Primary C ontact
Ramon Spear, PLS - Vice President
Professional Civil Engineer
Joshua R. Zeigler, PE - President
Survey Manager
Matthew Dotson
Field Support Personnel
Phillip Stuart - Survey C rew C hief
Thomas Gunn - Survey C rew C hief
Benjamin Dover - Survey C rew C hief
Daniel Vaughan - Survey C rew C hief
Office Accounting
Susan Davis - Accounting, Payroll,
DIR Reporting
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SECTION 3
➢ Project Types
➢ Projects with Narrative
o 19-125 CITY OF POWAY - POWAY DAM
o 03-146 TURNER DAM
o 19-171 NELSON WAY, ESC - RAINBOW PUMP STATION
o 19-222 MIRAMAR ROAD, SAN DIEGO
o 18-160 ST. ANDREWS BUSINESS PARK LOTS 1 & 2, OTAY MESA o 22-124 AIRWAY ROAD, SAN DIEGO
➢ References
PROJECT REFERENCES
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PROJECT TYPES
Our understanding is the City of Vista is in need of engineering survey support services that arise from multiple projects. The specific needs on each project will be detailed in writing. The following services will be provided contingent on the city’s needs:
Our past Surveying Service projects included, but not limited to:
Establishing Control Locating and Preserving Monuments Boundary Surveys (Cadastral & Metes & Bounds) ALTA/NSPS Surveys Topographic Surveys (Conventional) Construction Surveys Right of Way Surveys Utility Location Surveys
Map Preparation Aerial Mapping Control
Tract/Subdivision Maps Parcel Maps
Record of Surveys Official Maps
Construction Staking Precise Geodetic Leveling
Mergers and lot line adjustments Engineering Surveys
Research of survey and property records Litigation Support Services Centerline Control Court Appearance (Expert Witness) Legal Descriptions and Plats Certificate of Compliance FEMA Elevation Certificate Processing Letter of Map Amendment
Aerial Mapping Services by ATM include, but not limited to:
Aerial Topographic Mapping Rectified Digital Color Ortho Photo’s High Precision Aerial Photos Post Processing Creation of DTM
Support Services for preparation include, but not limited to:
Grading Plans Street Realignment Studies Site Plans Improvement Plans & Profiles of: Streets, Sewer lines, Water Lines & Storm Drain Lines
Construction Surveying Support & Staking include, but not limited to:
Site Grading State School Construction Underground Utilities Residential Streets Detention Basins Sewer Lines
Residential Subdivisions Water Lines Storm Drain Lines Major Collector Streets Pedestrian Ramps
Review of documents and maps for technical correctness include, but not limited to:
Tentative Tract/Subdivision & Parcel Maps Final Tract/Subdivision & Parcel Maps Lot Line Adjustments Certificates of Compliance
Lot Mergers
Upon identifying a specific project, a Detailed Scope of Work of the requirements will be provided for each phase. In addition to the above services, the City may at times have needs for service (to supplement City staff) in Return Plan Checking to verify implementation of the corrections and to list additional corrections that may be needed.
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PROJECTS NARRATIVE RENDITIONS
19-125 CITY OF POWAY - POWAY DAM PROJECT For: City of Poway CITY OF POWAY ANNUAL SURVEY OF DAM MONUMENTS – SAI has performed As-Needed Dam Monitoring Surveying Services for the City of Poway since 2019. We have conducted this service consecutively over the past 3 years and are currently scheduled to perform again this year.
This project consists of meetings with city staff, field surveying the existing Dam monuments (both horizontally & vertically), reducing the field data, and documenting field locations on city provided form.
Annually for the last three years - COST (each year): $2,400 ~ Fixed Fee CONTACT: Randy Slusher – City of Poway, Public works, Utility Systems Supervisor
COMPLETED IN A TIMELY MANNER AS REQUESTED & WITHIN BUDGET
03-146 TURNER DAM PROJECT For: Valley Center Municipal Water District.
SURVEY DAM MONUMENTS – SAI has performed As-Needed Dam Monitoring Surveying Services for the Valley Center Municipal Water District since 2003. This project consists of meetings with staff, field surveying the existing Dam monuments (both horizontally & vertically), reducing the field data, and documenting field location on Water District form.
Last 11/2024 - COST ESTIMATE: $1,200
CONTACT: Michael Nichols
COMPLETED IN A TIMELY MANNER AS REQUESTED & WITHIN BUDGET
19-171 VCMWD - NELSON WAY, ESC - RAINBOW PUMP STATION
For: Valley Center Municipal Water District.
RECORD OF SURVEY – This project consisted of meeting with staff, researching record maps & deeds. Calculating the record maps & deeds. Field survey for record & non-record monuments.
Analyzing the monuments found against the record data. Drafting a Record of Survey map showing our analyzed data. Set monuments at the corners of the property. Providing a copy of the recorded Record of Survey map to the Water District.
ROS filed 01/21/2021 - COST ESTIMATE: $3,650 ~ Fixed Fee CONTACT: Michael Nichols
COMPLETED IN A TIMELY MANNER AS REQUESTED & WITHIN BUDGET
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19-222 MIRAMAR ROAD, SAN DIEGO
For: Super Star Car Wash
Irrevocable Offer of Dedication – Street Purposes - Prepared plat and legal description for an irrevocable offer of dedication for a public street in the City of San Diego.
IOD filed 06/4/2024 - COST ESTIMATE: $3,900 ~ Fixed Fee CONTACT: Reza Amirrezvani
COMPLETED IN A TIMELY MANNER AS REQUESTED & WITHIN BUDGET
18-160 ST. ANDREWS BUSINESS PARK, OTAY MESA
For: Hamann Construction
Construction staking for the extension of St. Andrews Avenue - Construction calculations and staking for 700 feet of new full-width public street improvements including rough grade stakes, utilities, storm drain facilities, finish grade stakes and curb stakes.
Completed: 2023 - COST ESTIMATE: $21,500 – TOTAL COST: $21,500 CONTACT: Paul Giese
COMPLETED IN A TIMELY MANNER AS REQUESTED & WITHIN REVISED BUDGET
22-124 AIRWAY ROAD, SAN DIEGO
For: Hamann Construction
Construction staking for improvements in the public street right-of-way - Construction calculations and staking for 400 feet of new street improvements for a median and left turn pocket including staking for demolition, grading, utilities and curbs.
Completed: 2023 - COST ESTIMATE: $5,000 – TOTAL COST: $5,000 CONTACT: Mario Lopez
COMPLETED IN A TIMELY MANNER AS REQUESTED & WITHIN REVISED BUDGET
REFERENCES
Agency Location Number of
Projects
Contact(s) Phone Number
City of Vista Vista 5 within the city
of Vista for
multiple clients
Greg Mayer
Matt Atteberry
Jason Rivera
760-643-5408
760-643-5410
760-643-5422
City of Poway Poway 15 within the
city of Poway for
multiple clients
Randy Slusher 858-668-4754
Valley Center
Municipal Water
District
Valley Center 8 Michael Nichols 760-638-9565
Hamann
Construction
El Cajon 20+ Paul Giese 619-440-7242
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SECTION 4
Attachment (Not part of 15 pages)
EXAMPLE 1 – CORNER RECORD 49401
EXAMPLE 2 – RECORD OF SURVEY 23773
EXAMPLE 3 – RECORD OF SURVEY 25176
EXAMPLE 4 – LEGAL DESCRIPTION & PLAT
EXAMPLE 5 – PLAT FOR DETAIL RAMP
EXAMPLE 6 – CUT SHEETS
EXAMPLE 7 – NON-AERIAL TOPOGRAPHIC MAP
EXAMPLES OF WORK
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BUILDING B
DERRICK DRIVE (PUBLIC)
GENESEE RETAIL
RAMP REPLACEMENT
RAMP AT INTERSECTION SCALE: 1" = 5'
2/12/2025 3:42 PM P:\JOBS\2019\19-104 FISHER REAL ESTATE PART - 4441 GENESEE AVE, SD\CAD\19-104Base.dwgPLOT DATE:
Dated: 2/12/2025
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APPENDIX A
PROFESSIONAL RESUMES
Bruce C. Bonde , P. L.S. ~ SPEAR & ASSOCIATES, INC.
4 7 5 P r o d u c t i o n S t r e e t , S a n M a r c o s , C A 9 2 0 7 8 , ( 7 6 0 ) 7 3 6 2 0 4 0 , b r u c e @ s p e a r i n c . n e t
Professional Experience
Mr. Bonde has experience working on City projects since 1985.
He has extensive experience with: engineering design surveys, construction surveys, topographic surveys, ALTA and boundary surveys, and the County of San Diego map processing procedures and requirements. He also has extensive experience with: (street, pad, water, sewer, and storm drain) construction staking, property descriptions and record map analysis, as well as survey control analysis, boundary analysis, and final survey monumentation.
He has over 40 years of experience with: map and deed research, description writing and interpretation, cadastral ties and parcel boundary analysis, plotting and drafting on existing freeway right-of-way, transmission line, and railroad right-of-way documents; as well as preparing dozens of Corner Records and Records of Surveys with the County of San Diego.
Mr. Bonde has implemented Qa-Qc procedures throughout all of his surveying work and the work of others he is overseeing.
SPECIALTY QUALIFICATIONS:
Mr. Bonde is an expert and specializes in the use of AutoCAD Civil 3d and Eagle Point CAD software: including the “field to finish processing” and field operation of electronic Total Stations and GNSS/GPS.
Mr. Bonde obtained hydrographic survey field experience while working for Los Angeles Water and Power, after he graduated with a degree in Surveying and Photogrammetry from California State University at Fresno.
Mr. Bonde has provided Litigation Support regarding land surveying, As-built, and construction staking issues, as well as being called on as an expert witness in court
Licenses
P .L.S. California Licensed Land Surveyor No. 6144
Education
B. S. Degree Surveying and Photogrammetry,
California State University, Fresno, CA
Career History
2024 to present in private practice as an employee of Spear & Associates, Inc. 1985 to present in private practice as an employee of Gold Coast Surveying, Inc. (currently only working part time to finish previous projects) 2020 to 2022 in private practice as an employee of Coffman Land Consulting, Inc. 1994 to 1995 in private practice as an employee of Fraser Engineering, Inc. 1984 Los Angeles Water and Power
Professional Activities / Memberships
CLSA – California Land Surveyors Association
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Ramon Joseph Spear , P. L.S. ~ SPEAR & ASSOCIATES, INC. 4 7 5 P r o d u c t i o n S t r e e t , S a n M a r c o s , C A 9 2 0 7 8 , ( 7 6 0 ) 7 3 6 2 0 4 0 , r s p e a r@ s p e a r i n c . n e t
Professional Experience
Mr. Spear has experience in Civil Engineering and Land Surveying since 1974 . He is a Licensed Land Surveyor in the State of California since 1990 and has a vast amount of experience in route location, boundary surveys, topographic, aerial control and ALTA surveys. Mr. Spear has further experience and expertise on other types of projects, including:
▪ Construction staking for roads, utilities, site grading and other improvements ▪ Subdivision Platting
▪ Boundary Adjustments
▪ Easements
▪ FEMA Elevation Certificates
Licenses
P.L.S. California Licensed Land Surveyor No. 6404
Education
Twin Bridges High School
Twin Bridges, Montana (1971)
University of Montana, Missoula
General Education
Green River Community College, Auburn, WA
Civil Engineering Associate Degree
Career History
Spear & Associates, Inc. – San Marcos, CA
President – 1993 to 2023; Licensed Land Surveyor
Vice President – 2024-Present; Licensed Land Surveyor
Hartley-Imgrund, Inc. – Escondido, CA
Survey Crew Chief – 1977 to 1993; Licensed Land Surveyor (1990)
Montana Highway Department – State of Montana
Engineering Technician, Survey Party Chief – 1976 to 1977
Shellack Engineering & Associates, Dillon, MT
Engineering Technician – 1975 to 1977
Fayram Engineering Company, Calgary, Alberta, Canada
Party Chief – 1974
Professional Activities / Memberships
CLSA – California Land Surveyors Association
NCCE & LS (North County (San Diego) Civil Engineers & Land Surveyors) (President 1997, 2018, 2019) 04/22/2025
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Joshua R. Zeigler , P.E. ~ SPEAR & ASSOCIATES, INC. 4 7 5 P r o d u c t i o n S t r e e t , S a n M a r c o s , C A 9 2 0 7 8 , ( 7 6 0 ) 7 3 6 2 0 4 0 - j o s h @ s p e a r i n c . n e t Qualifications / Experience Highlights
▪ Licensed Professional Engineering (civil) in the State of California ▪ Experience assisting in all phases of Civil Engineering & Land Development since 1998 ▪ Extensive computer graphics & information experience
▪ Project management for projects from inception to completion ▪ Ability to communicate ideas efficiently with clinets, co-workers and peers ▪ Ability to effectively problem solve and derive creative solutions ▪ Ability to organize workload, meet tight deadlines and work under stressful situations Licenses / Certificates
Professional Engineer: Registered Civil Engineer in the State of California (license # 85413) QSD: Qualified SWPPP Developer in the State of California (CASQA Certificate # 26334) QSP: Qualified SWPPP Practitioner in the State of California (CASQA Certificate # 26334) Education
Irvine Valley College, Irvine CA.
Mathematics for Engineering
Shasta College, Redding CA.
Cal-Trans approved Storm Water Prevention Pollution Plan preparation course Riverside Community College, Riverside CA.
Computer Aided Drafting, Advertising Art, Commercial Art, Graphics Art, Multi Media, Desktop Publishing & Mathematics for Engineering
BMR Training Centers, Riverside CA.
All the necessary classes/exams on Computer Hardware & Software to obtain A+ Certified Computer Technician certification
Ramona High School, Riverside CA. (1995)
Career History
Spear & Associates, Inc. – San Marcos, CA ~ President/Principal Civil Engineer 2002 to present; Design & draw Civil Engineering plans including public street improvements, sewer, water, storm drain, along with private conceptual, precise grading plans, to name a few. Also design & draw tract / parcel maps, using AutoCAD Civil 3D 2022. Civil designs include meeting state and agency storm water management requirements for pre & post construction BMP’s plus filing state NOI and preparation of SWPPP reports.
RHA Engineering – Riverside, CA ~ CAD Drafter
1998 to 2002; Draw Civil Engineering plans including street improvements plans, sewer, water, storm drain, grading plans etc. Tract/parcel maps, conduit design plans for Pacific Bell and Edison, using AutoCad 2000, 14, 13, & Softdesk.
Skills and Qualifications
▪ Project management, coordination & civil design
▪ Quantity calculations and cost estimates for projects ▪ Proposal/Contract writing
▪ CAD: AutoCAD Civil 3D and Land Desktop
▪ MS Office, Adobe Acrobat Professional, Bluebeam
▪ Graphic Programs: Extensive experience in PhotoShop, Illustrator and others
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Business Name: AeroTech Mapping, Inc.
Business Phone: 702-228-6277
Year founded: 2002
Corporation type: Corporation
UEI: J34PH4CCSMJ4
GSA Contract #: 47QRAA22D005H
CAGE Code: 3PQJ8
DUNS #: 128567802
EIN: 13-4243603
Accept Credit Card: Yes
NAICS Code: 541370 - Surveying and
Mapping (except geophysical) Services
PAST PERFORMANCE
COMPANY SNAPSHOT CORE COMPETENCIES
FOR THE A/E/C SECTORS
O P E R A T E S I N T H E S O U T H W E S T A Z , C A , C O , N M , N V , T X , U T
LEO TORRES, CP
In-House Services:
Professional Land Surveying -
resolution of boundary based on
legal descriptions, field topography,
& utility location, utilizing state-of-
the-art surveying equipment
Aerial Aircraft and Drone LiDAR &
Image Acquisition
Mobile LiDAR
Bathymetric Acquisition & Modeling
Photogrammetric & LiDAR Digital
Terrain Modeling
Photogrammetry: Topographic &
Planimetric Mapping,
Orthophotography
Digital Surface Modeling
Land Development, Transportation, Hydrology,
Mining, Forestry, Coastal Studies, Homeland
Security, Airport Infrastructure, & Energy
(Solar/Wind)
COMPANY OVERVIEW
AeroTech Mapping, Inc. is a nationally recognized Geospatial firm based in the Southwest. Our services encompass full-service land surveying and aerial mapping, including boundary, topographic, and ALTA surveys, elevation verification, and surveying for large infrastructure projects such as highways and bridges. We also prepare parcel maps, subdivision maps, boundary line adjustments, right-of-way documents, legal descriptions, and easements.
We have completed over 16,000 projects for clients in both the private sector and public agencies. Our dedication to the Land Surveying and Geospatial profession and our commitment to producing accurate and visually appealing products have enabled us to expand operations across the Southwest and perform projects throughout the US and internationally. Our experienced staff comprises Registered Land Surveyors in NM, NV, and AZ., ASPRS Certified Photogrammetrists, CAD and GIS specialists, FAA Certified Pilots, FAA Remote Pilots, and Certified Project Management professionals.
Federal & State Flood Control Projects
Departments of Transportation
United States Army Corp of Engineers
Naval Facilities Engineering Command
Public & Private Energy State and
Municipality Water Authorities
Point of Contact
C A P A B I L I T Y S T A T E M E N T
Business Development
C: 619-606-5020 | E: [email protected]
200 Spectrum Center Drive | Suite 300 | Irvine, CA 92618 www.atmlv.com
MIKE DAUER
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APPENDIX C
AIRX Utility Surveyors Inc. - AIRX (Utility location Sub-Consultant) Geophysical surveys & “soft Dig” potholing
About AirX Utility Surveyors, Inc.
AirX is a licensed, woman-owned company with decades of experience in the Subsurface Utility Engineering industry. We are one of the first potholing companies in California, and are proud to offer accurate and custom solutions to meet our client’s needs.
Our Story
AirX Utility Surveyors was founded in 1999 as a subset
of a small, local engineering firm. In 2003, Mr. Ivan Fox, PE., and his partners Gordon McElroy, PLS., and Janet
McElroy Incorporated AirX making it a separate entity.
Although Subsurface Utility Engineering “SUE” services
were well known on the East Coast, this technology was
relatively new to the West Coast and helped
revolutionize construction in California.
As a pioneer in the industry, AirX has proudly provided SUE services in California for over 23 years — including utility locating, potholing, CCTV inspections, street repairs and traffic control. We combine several strategies to provide accurate depictions of the subsurface to eliminate unknown factors and ensure project success. The presidency of AirX passed to Gail McMorran over 12 years ago, and she became the leading force in AirX’s growth. Her background in heavy equipment, civil construction, and accounting made her the perfect fit to lead the company. Under her leadership AirX completed 10,000+ successful projects.
Over this time AirX developed solid relationships with
prime contractors, engineering firms, municipalities,
cities, counties, airports, and water districts throughout California – which, in turn, helped us to give our clients unmatched service through our experience. Gail retired
in 2023 and passed the torch to Jenn Harris who now
commands the company. Under her leadership AirX is
poised to achieve even greater heights in the coming
years.
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APPENDIX C
AIRX Utility Surveyors Inc. - AIRX (Utility location Sub-Consultant) Geophysical surveys & “soft Dig” potholing
Locating - Use of specialized equipment and techniques to identify, locate and mark out underground utilities including Underground Services Alert (USA Dig Alert). Ground Penetrating Radar - GPR technology uses high frequency electromagnetic waves that reflect off underground metallic and non-metallic pipes. The radar equipment detects the reflections and allows us to determine the location of utilities. Potholing - Use of hydro-excavation (high pressure water) to excavate existing utilities for location and identification in the field.
Surface Repair - Repairs to asphalt or concrete using hot patch or other agency approved medium. Coring capabilities and concrete panel replacement available. Traffic Control - Traffic control plans, permitting, personnel and equipment. Documentation - Comprehensive reports including data sheets, photos, and tabulation records along with any pertinent information regarding utilities potholed.
Certifications:
Small Business #36366
Small Business Vendor #17907
Woman Owned Business Enterprise
#10050096
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LOCATIONS & CONTACTS
CORE COMPETENCIES DIFFERENTIATORS
CAPABILITIES STATEMENT
One Source for Land Management & Right of Way Resources Clark Land Resources, Inc. (Clark Land) is a California Department of General Services Small Business (SB) and a California Public Utilities Commission (CPUC) certified Woman Business Enterprise (WBE) that acquires, protects, and manages land rights for public and private agencies, and we exist to raise the ethical standards of the Right of Way profession through integrity and great customer service for our focused client base. Our staff conducts themselves in a way that establishes confidence, trust, and respect on the part of the general public and all users of right of way services.
Clark Land offers a variety of services and
resources to assist you with your real property
needs, including:
Staff Augmentation and Project Management
Title Research & Due Diligence/Records
Retention
Acquisition: Fee and Easement
Utility Coordination and Conflict Resolutions
Regulatory Approval Process
Encroachment Programs/Asset Management
Relocation Assistance Programs
Eminent Domain Assistance
Municipal and State Public Works Agencies
Transportation
Stormwater
Sewer
Electric and Gas Utilities
Natural Gas
Electric
Alternative Energy Systems
Water Suppliers/Agencies
Engineering Firms
WEST COAST: SAN DIEGO
Sue Cope, SR/WA | 760.758.1562
[email protected]
WHO WE SERVE
MID-WEST: TEMPLE | SAN ANTONIO
Alexandria Clark, SR/WA | 254.228.5547
[email protected]
PACIFIC NORTHWEST: OREGON
Steve Fox, SR/WA | 503.753.8315
[email protected]
WWW.CLARKLANDRESOURCES.COM
Our People
We employ qualified and knowledgeable industry
experts who have the experience to provide custom
client solutions.
Repeat Clientele
Due to our high quality of work, proven project
success, and exceptional client satisfaction,95% of
our revenue has come from repeat clients.
Educated and Certified Staff
Clark Land fully funds our employees' International
Right of Way Association (IRWA) memberships
and certifications.67% of our staff hold top industry
designations from the IRWA such asSR/WA,
RWP, RWA,and R/W-NACcertifications.
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PROVIDING ETHICAL
PRACTICES IN RIGHT OF WAY
Power &
Utilities Oil & Gas Transportation Water
PIPELINE SAFETY
ENCHACEMENT PLAN
CENTRAL AND SOUTHERN
CALIFORNIA
Women Business Enterprise (WBE) - California Public Utilities Commission
Small Business (SB) & Small Business - Public Works (SB- PW) - State of California Department of General Services Small Business Enterprise (SBE) - Coalition of Southern California Public Agencies/Metropolitan Water District of SoCal Small Business Enterprise (SBE) - Los Angeles County
Metropolitan Transportation Authority
Community Business Enterprise (CBE) - County of Los Angeles Bench Planning Firm - San Diego Association of Governments Texas: ESBE, SBE, WBE - South Central Texas Regional
Certification Agency
Oregon: Women Business Enterprise (WBE) - State of Oregon
PURE WATER PROGRAM
SAN DIEGO
ELECTRIC SYSTEM HARDENING
PROGRAM
SOUTHERN CALIFORNIA
OLIVENHAIN TRUNK SEWER
PROJECT
ENCINITAS
ON-CALL REAL PROPERTY
SERVICES
CARLSBAD
ON-CALL COMMERCIAL
REAL ESTATE SERVICES
ELSINORE VALLEY/INLAND
EMPIRE
LICENSES & CERTIFICATIONS NAICS CODES
531210 - Offices of Real Estate Agents and Brokers
531390 - Other Activities Related to Real Estate
531190 - Lessors of Other Real Estate Property
519290 - Title Search Services
PROJECT EXPERIENCE
WWW.CLARKLANDRESOURCES.COM
NIGP CODES
968-66 - Right of Way Services (including Title,
Negotiation, Closing, Relocation, Condemnation, etc.)
918-89 - Real Estate/Land Consulting
578-63 - Real Estate: Land and Improvements
918-97 - Utilities: Gas, Water, Electric Consulting
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More Information…
We are never too busy for proposals or to answer any questions. For more information on any service or services not listed in this brochure, contact Ray Spear (760) 736-2040 Extension 102 or visit our website at www.spearinc.net
CIVIL ENGINEERING & LAND SURVEYING
SPEAR & ASSOCIATES, INC.
CIVIL ENGINEERING & LAND SURVEYING
475 PRODUCTION STREET
SAN MARCOS, CA 92078
PHONE (760) 736-2040
WWW.SPEARINC.NET
Professional Registrations
Bruce Bonde, PLS 6144
Ray Spear, PLS. No. 6404
A Certifi ed Small Business Enterprise (SBE)
Stone Brewing Co.Stone Brewing Co.EscondidoEscondido
&SPEAR ASSOCIATES, INC.
APPENDIX E
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A Satisfi ed Client…
Allow us to provide you with a unique personal
experience for Mapping, Land Surveying &
Civil Engineering services.
With a manageable number of employees you
can be assured to be in contact with those who
actually work on your residential, commercial or
industrial project of any size.
Spear & Associates, Inc. has acquired over 16 years of experience in San Diego, Orange, Riverside and San
Bernardino Counties.
We strive for great
communication among
all project consultants and with our clients to
ensure effi cient and successful project
approval, and timely re-submittal turnarounds.
It is my sincere pleasure to off er a positive testimonial to Spear & Associates, Inc. for their incredible commitment to client service and excellence in engineering. Th ey have proven themselves worthy of this testimonial by supporting all key phases for the recent development of our 95,000 square foot offi ce and health club constructed in Carlsbad, California and completed in October of 2007. Th is project was extremely challenging from an engineering point of view. Th anks to S&A, all aspects of the conditions were met on a timely and cost eff ective basis. I am more than pleased to recommend Spear & Associates, Inc. for any project that you may be considering whether major or minor throughout San Diego or related counties.
Th omas A. Smith/President
San Diego Real Estate Investment Corporation
Where Your Project’s Success is our Success
Improvement Plans (such as Grading Plans, Wet Utility Plans & Septic System Design): conceptual and precise construction drawings prepared by a Civil Designer under the supervision of a Registered Civil Engineer Hydrology and Hydraulics Analysis: often made a requirement to determine pre- and post-development runoff for the development footprint Storm Water Management Plans: reports required by all municipalities to present efforts to preserve storm water runoff quality and drainage patterns on the developed site
Erosion Control Plans and Storm Water Pollution Prevention Plans: proper implementation ensures runoff water quality during the construction phase Project Processing and Assistance, Redesigning site plans to apply Low Impact Development Features, Filing Notice of Intent, and offering problem solving support during planning and construction phase
Ongoing communication with immediate offi ce support to our survey fi eld crews, fast response to e-mail, telephone requests
Construction Staking
Topographic Surveys, Geodetic Control Surveys, Boundary Surveys, Monumentation Surveys
A.L.T.A. Surveys, FEMA Certifi cates, Project “As-Builts” Tentative and Final Maps & Parcel Maps
Record of Survey Maps and Corner Record Plats
Legal Descriptions, Easement Plats and Plot Plans
Commercial and Industrial Condominium Plans
Lot Line Adjustments and Lot Consolidations
Civil Engineering a necessity on most commercial, industrial and residential development and redevelopment projects
Land Surveying using the latest available technology
Mapping for subdividing land and lot surveys
Services offered…
experience
ICE II, Otay MesaICE II, Otay Mesa
Green Building projectGreen Building project
Oceanic Business ParkOceanic Business ParkOceansideOceanside 04/22/2025
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SPEAR & ASSOCIATES, INC.
CIVIL ENGINEERING AND LAND SURVEYING
475 PRODUCTION STREET
SAN MARCOS, CA 92078
(760) 736-2040
WWW.SPEARINC.NET
RATE SCHEDULE 2025
SPEAR & ASSOCIATES, INC. HOURLY RATES FOR SERVICES ARE ALL-INCLUSIVE. THE CITY WILL BE BILLED THE STANDARD HOURLY RATE FOR SERVICES RENDERED.
RATES EFFECTIVE AS OF 1 JANUARY 2025
SURVEYING – FIELD* HOURLY RATE
PREVAILING WAGE SURVEY CREW $300
OFFICE HOURLY RATE
LICENSED CIVIL ENGINEER $190
LICENSED SURVEYOR $160
LICENSED PROFESSIONAL COURT
APPEARANCE/DEPOSITION
$360
SURVEY MANAGER $140
PROJECT MANAGER $140
PROJECT ENGINEER $130
CAD DRAFTER $120
SURVEY TECHNICIAN $120
CLERICAL $90
REIMBURSABLE EXPENSES RATE
HANDLING FEE 15%
MILEAGE $ .67/MILE
REPRODUCTION (8½ x 11 XEROX) $ .05/COPY
PLOTTING SERVICES (LARGE FORMAT) $1.50/SF
PLOTTING SERVICES (LARGE FORMAT, COLOR) $3.00/SF
* FORTY-EIGHT HOUR NOTICE REQUIRED FOR FIELD WORK. FIELD TIME IS COMPUTED PORTAL-TO-PORTAL. TWO HOUR MINIMUM ON ALL FIELD WORK REQUESTS.
OVERTIME
- FIELD SURVEYING FOR PREVAILING WAGE OVERTIME, WEEKEND AND/OR HOLIDAY WILL BE BILLED AT 1.5 TIMES THE RATE LISTED ABOVE, UNLESS OTHERWISE NEGOTIATED AT THE TIME
SERVICES ARE REQUESTED
- NO ADJUSTMENT FOR OFFICE RATE OVERTIME
PERSONNEL RATES
SPEAR & ASSOCIATES, INC. OFFICE PERSONNEL WILL BE BILLED AT THE APPROPRIATE HOURLY RATE BASED ON THE TASK BEING PERFORMED:
STAFF NAME CLASSIFICATION(S)
Bruce Bonde Licensed Surveyor, Survey Manager
Ramon Spear Licensed Surveyor
Matthew Dotson Survey Manager
Phillip Stuart Prevailing Wage Survey Crew
Thomas Gunn Prevailing Wage Survey Crew
Benjamin Dover Prevailing Wage Survey Crew
Daniel Vaughan Prevailing Wage Survey Crew
Susan Davis Clerical
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00034875 3 Exhibit C, Page 1 of 3
4906-5156-9196, v. 2
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor 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 the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 04/22/2025
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00034875 3 Exhibit C, Page 2 of 3
4906-5156-9196, v. 2
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 04/22/2025
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00034875 3 Exhibit C, Page 3 of 3
4906-5156-9196, v. 2
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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00034875 3 Exhibit D
4906-5156-9196, v. 2
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“ Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the pro visions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:
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00034875 3 Exhibit E
4906-5156-9196, v. 2
EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. State of California grant conditions, as attached.
2. Federal grant conditions, as attached.
3. Other conditions, as attached.
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