18-0911_HUNSAKER & ASSOCIATES IRVINE, INC._Professional Services Agreement CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of a , ` , 2018 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelento, San Juan Capistrano, CA 92675 ("City"), and Hunsaker & Associates Irvine, Inc. an
engineering and surveying consulting firm with its principal place of business at Three Hughes,
Irvine, CA 92618-2021 (hereinafter referred to as "Consultant"). City and Consultant are
sometimes individually referred to as"Party"and collectively as"Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Lot line adjustment for City owned land adjacent to the San Juan Hills Golf Club in the City of
San Juan Capistrano,APN 666-011-28(hereinafter referred to as"the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit"A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit"B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of$9,400. This amount is to cover all printing
and related costs, and the City will not pay any additional fees for printing expenses. Periodic
payments shall be made within 30 days of receipt of an Invoice which Includes a detailed
description of the work performed. Payments to Consultant for work performed will be made on
a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and Informal
consultations with the other party indicate that a change is warranted, it shall be processed in
1
Updated April 2018
6114730010\31404494.1
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes In the scope of work. Such
amendment shall not render Ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
Incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceeds). Consultant shall complete the services required hereunder within forty five days
from the execution of the agreement. The Notice to Proceed shall set forth the date of
commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal,state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable,Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Updated April 2018 2
61147.80010171404494.1
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City,which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates,and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Indeoendent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement,subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage(Occurrence Form CG 00 01)or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
3
Updated April 2018
61147.80010\31404494.1
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another, (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 3710 01,or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability Insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(lii) The policy shall give City, Its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers'Compensation/Emplover's Liability
(I) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage In amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement,workers'compensation coverage of the same type and limits
as specified in this section.
4
Updated April 2018
61147.80010131404494.1
d. Professional Liability(Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must"pay on behalf or the insured and must include a provision establishing the insurers
duty to defend.
e. Minimum Policy Limits Required
(I) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury,and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(fii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any Insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent)signed by the Insurer's representative and Certificate of Insurance(Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured,any additional insureds, where appropriate,the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
5
Updated April 2018
61147.80010131404494.1
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10)days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary Insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one(1)year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B)if the policy is cancelled or not renewed;
or C)if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each Insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies,as determined by the City,which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(I) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
6
Updated April 2018
61147.80010131404494.1
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning Indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(ill) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees,agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
J. Subconsuitant Insurance Reauirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall indemnify and hold
the City, its officials, officers, and employees free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or Injury of any kind, in law
or equity, to property or persons, including wrongful death, to the extent arising out of,
pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees,subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project or this Agreement, including
without limitation the payment of all damages, expert witness fees and reasonable attorney's
fees and other related costs and expenses. Consultant's obligation to indemnify shall not be
restricted to Insurance proceeds, if any, received by Consultant, the City, its officials, officers,
employees, agents,or volunteers.
b. If Consultant's obligation to indemnify, and/or hold harmless arises out of
Consultant's performance of "design professional" services (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,which
is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed
the Consultant's proportionate percentage of fault.
7
Updated April 2018
61147.80010\31404494.1
c. To the extent that a court of competent jurisdiction determines that
Consultant, its officials, officers, employees, subcontractors, consultants or agents
were negligent or engaged in willful misconduct in their performance of the
Consultant's services, then Consultant shall reimburse the City for the City's defense in
an amount equal to the proportionate fault determined by such court.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq.,which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects
("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials,officers,employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices(Labor Code Section 1777.5),certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and
debarment of contractors and subcontractors(Labor Code Section 1777.1). The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable"public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work
performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Consultant or any
subcontractor that affect Consultant's performance of services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor.
8
Updated April 2018
61)47.80010131404494.1
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement,the action
shall be brought in a state or federal court situated In the County of Orange, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services,and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17. Documents. Except as otherwise provided in 'Termination or Abandonment,
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Robert L. Wheeler as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
9
Updated April 2018
61147.80010131404494.1
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same In any United States Post Office, certified mall, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano Hunsaker&Associates Irvine, Inc.
32400 Paseo Adelento Three Hughes
San Juan Capistrano, CA 92675 Irvine, CA 92618-2021
Attn: Charlie View, City Manager's Dept. Attn: Robert L.Wheeler
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include,but not be limited to,all activities related to
Initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s)of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
10
Updated April 2018
61147.8001013 1404494.1
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
(SIGNATURES ON FOLLOWING PAGE]
11
Updated April 2018
61147.80010\31404494.1
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND HUNSAKER&ASSOCIATES IRVINE,INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO Hunsaker&Associates Irvine, Inc.
By: By: r2,4f
:,a _eget
City Ma ager Its: gl2g51 nEtar I
Printed Name: )0v ALALe/
ATTEST:
r
By: `� � _
aria orris,C'y Clerk
APPROVED AS TO FORM:
By:
J e (linger, ity Attorney
12
Updated April 2018
61147.80010\31404494.1
HUNSAKER
&ASSOCIATES
IR V I N E, INC
PLANNING
ENGINEERING May 31,2018'
SURVEYING Revised August 14,2018
GOVERNMENT RELATIONS
IRVINE
LOS ANGELES Mr.Charles View
PALM DESERT CITY OF SAN JUAN CAPISTRANO
RIVERSIDE 32400 Paseo Adelanto
SAN DIEGO San Juan Capistrano,CA 92675
Subject Lot Line Adjustment for APN 666-011-28 and-27
*20,,,,4111Dear Mr.View:
dam-
Hunsaker & Associates Irvine, Inc. (°Consuitanr) is pleased to offer the following
proposal for an Legal Description and Sketch of the referenced property. The
PRINCIPALS: descriptions will be based on a current title report referenced and locations of facilities
provided by the Client
DAVID FRATTONE
FRED GRAYLEE We propose to provide these services on a Time and Materials basis,as described in
BRADLEY HAY Exhibit A,for an estimated cost of$9,400.
PAUL HUDDLESTON
KAMAL KARAM This proposal is based on our current office rate of$144 per hour and our current field
DOUGLAS STALEY rates of$248 per hour for a two-person survey party and$304 per hour for a three-
KRIS WEBER person survey party.These rates will remain In effect until July 31,2019,at which time
JOSEPH E.WIGHTMAN they are subject to an increase.
Invoicing would be monthly based on the actual hours. We would expect to receive
payment within thirty(30) days after your receipt of our invoice. Should payment not
be received within thirty(30)days,a one and one-half percent(1%%)per month late
fee will be charged on any unpaid balance.
It should be noted that the above fee does not include the cost of blueprints or
FOUNDING PARTNERS: reproductions which will be Invoiced directly to you through your suppliers or at cost
RICHARD HUNSAKER plus 15%when invoiced through Hunsaker&Associates Irvine,Inc.
TOM R.McGANNON
JOHN A.MICHLER The following is a summary of the insurance coverages that Hunsaker&Associates
DOUGLAS G.SNYDER Irvine, Inc.provides and is included in our offer of this proposal:
General Liability $ 2,000,000
Personal Injury $ 1,000,000
Auto Liability $ 1,000,000
Professional Liability $ 2,000,000
Valuable Papers $ 1,850,000
Worker's Compensation Employer's Liability
Three Hughes Upon request, we will provide a Certificate of Insurance for the insurance coverages
Irvine,California listed above.Should you require additional coverage,the costs that we incur from our
9261 B-2021 Insurance carriers will be Invoiced at their direct costs and are not included In our fee
(949)583-1010 PH quoted within this proposal.
(949)583-0759 FX
www.hunsaker.com
EXHIBIT A
1J \ Mr.Charles View
CITY OF SAN JUAN CAPISTRANO
August 14, 2018
Page 2
Should this proposal meet with your approval,please sign below and initial each page
of the "Standard Provisions of Agreement Between Client and Consultant", which is
attached and return It to our office.
Should you have any questions,please call me directly at(949)768-2518.
Sincerely, Agreed to and approved by,
HUNSAKER&ASSOCIATES IRVINE,INC. CITY OF SAN JUAN CAPISTRANO
RoSert L Wheeler,IV, LS 8639
Assistant Manager Mapping Department
Date
RW:tU
Enclosures
(1c11 plbnlcotic P01 r1-rw.docx)
1 t Exhibit A
Lot Line Adjustment
APN 668-011-28 and-28
SCOPE OF SERVICES
1. Field survey of fences and improvements(1 day). $ 2,500
2. Lot Une Adjustment. $ 4,500
3. Legal descriptions and sketches for Grant Deeds. 5 1,200
4. Coordination with Title Company. $ 1,200
Total Estimate $ 9,400
RW:Il(f1c11 p1bnICOSJC Pot r1-nv.docx)8-14-18 A-1 LLA—APN 888-011.28 and-27
Hunsaker d Associates Irvine,Inc. City of San Juan Capistrano
STANDARD PROVISIONS OF AGREEMENT
BE KEEN CUENT AND CONSULTANT
Client and Consultant agree that the following provisions shall be part of this agreement
1. This agreement shall be binding upon the successors, assigns, heirs, executors and administrators of Client and
Consultant.
2.This agreement contains the entire agreement between Client end Consultant relating to the project and the provision of
services for the project. Any prior agreements, promises, negotiations or representations not expressly set forth in this
agreement are of no force or effect.Any subsequent modifications to this agreement shall be in writing and signed by both
Client and Consultant.
3. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term,
condition or covenant.Consultant's or Client's waiver of any breach of this agreement shall not constitute the waiver of any
other breach of the agreement.
4. If any term, condition or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this agreement shall nevertheless remain valid and binding on Client and
Consultant.
5.This agreement shall be governed by and construed in accordance with the laws of the State of California.
8.Client acknowledges Consultant has the right to complete all services agreed to be rendered pursuant to this agreement.
In the event this agreement is terminated before the completion of all services,unless Consultant is responsible for such early
termination, Client agrees to release Consultant from all liability for services performed. In the event all or any portion of the
services by Consultant are suspended,abandoned,or otherwise terminated,Client shall pay Consultant all fees and charges
for services provided prior to termination, not to exceed the contract limits specified herein,if any.Client acknowledges that
if the project services are suspended and restarted,there will be additional charges due to suspension of the services which
shall be paid for by Client as extra services pursuant to Paragraph 13.Client further acknowledges that If project services are
terminated for the convenience of Client,Consultant is entitled to reasonable termination costs and expenses,to be paid by
Client as extra services pursuant to Paragraph 13.
7.If the scope of services to be provided by Consultant pursuant to the terms of this agreement includes an ALTA survey,
Client agrees that Consultant may sign one of the ALTA survey statements attached to this agreement and incorporated
herein by reference.
8.Consultant shall be entitled to immediately,and without notice,suspend the performance of any and all of its obligations
pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code,or if
an involuntary bankruptcy petition Is flied against Client in the United States Bankruptcy Court, and that petition Is not
dismissed within fifteen(15)days of its filing.Any suspension of services made pursuant to the provisions of this paragraph
shall continue until such time as this agreement has been fully and properly assumed In accordance with the applicable
provisions of the United States Bankruptcy Code and In compliance with the final order or judgment issued by the Bankruptcy
Court If the suspension of performance of Consultant's obligation pursuant to this agreement continues for a period in
excess of ninety(90)days, Consultant shall have the right to terminate all services pursuant to this agreement.
9.If payment for Consultant's services is to be made on behalf of Client by a third-party lender,Client agrees that Consultant
shall not be required to indemnify the third-party lender, in the form of an endorsement or otherwise, as a condition to
receiving payment for services.
10.All fees and other charges due Consultant will be billed monthly, and shall be due at the time of billing unless specified
otherwise In this agreement. If Client fails to pay Consultant within thirty(30)days after invoices are rendered,Consultant
shall have the right in its sole discretion to consider such default In payment a material breach of this entire agreement,and,
upon written notice, Consultant's duties, obligations and responsibilities under this agreement may be suspended or
terminated. in such event,Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the
time of suspension or termination. If Consultant elects to suspend or terminate Consultant's services pursuant to this
provision, Consultant Is entitled to reasonable suspension or termination costs or expenses in addition to the then
outstanding fees and charges due Consultant.
11. Client agrees that all billings from Consultant to Client are correct and binding on Client unless Client,within ten-(a0)
thirty(30)days from the date of receipt of such billing,notifies Consultant in writing of alleged inaccuracies,discrepancies,
or errors in billing.
12. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent(1-2%)per
month,or a monthly charge not to exceed the maximum legal rate,which will be applied to any unpaid balance commencing
thirty(30)days after the date of the billing.
13.Client agrees that if Client requests services not specified in the scope of services described in this agreement,Client
will pay for all such additional services as extra services,in accordance with Consultant's billing rates then in effect.
RW:tI(nc11 p1bnkCOSJC 1301 r1 rw.dooc)8.14-18 1 LLA—APN-888.011-28 and-27
Hunsaker b Associates Irvine,Inc City of San Juan Capistrano
STANDARD PROVISIONS OF AGREEMENT
BETWEEN CLIENT AND CONSULTANT
14. Client acknowledges and agrees that if Consultant provides surveying services, which services require the filing of a
Record of Survey in accordance with Business and Professions Code section 8762, or a Corner Record pursuant to
Business and Professions Code section 8773,all of the costs of preparation,examination and filing for the Record of Survey
or Corner Record will be paid by Client as extra services in accordance with Paragraph 13.
15.Consultant is not responsible for delay caused by activities or factors beyond Consultant's reasonable control,including,
but not limited to, delays by reason of strikes, lockouts,work slowdowns or stoppages, accidents,acts of God,failure of
Client to furnish timely information or promptly approve or disapprove of Consultants services or Instruments of service,or
faulty performance by Client, other contractors or governmental agencies. When such delays beyond Consultant's
reasonable control occur, Client agrees Consultant shall not be responsible for damages resulting therefrom, nor shall
Consultant be deemed to be in default of this agreement Further,when such delays occur,Client agrees that,to the extent
such delays cause Consultant to perform extra services, such services shall be paid for by Client as extra services in
accordance with Paragraph 13.
16. Consultant makes no warranty, either express or implied,as to its findings,recommendations,plans,specifications,or
professional advice except that the services were performed pursuant to generally accepted standards of professional
practice in effect at the time of performance.
17. Client agrees to limit the liability of Consultant, its principals, employees and subconsultants to Client and to all
contractors and subcontractors on the project,for any claim or action arising in tort,contract,or strict liability,to the sum of
$50,000 or Consultant's fee, whichever is greater. Client and Consultant acknowledge that this provision was expressly
negotiated and agreed upon.
18.In the event of any litigation arising from or related to the services provided under this agreement,the prevailing party
will be entitled to recovery of all reasonable costs incurred,including court costs,attorneys'fees,staff time,fees of experts,
and all other related expenses.
19.Client agrees that in the event Consultant institutes Litigation to enforce or interpret the provisions of this agreement,
such litigation is to be brought and adjudicated in the appropriate court in Orange County, CA. the county in which
Consultant's place of business is located, and Client waives the right to bring, try or remove such litigation to any other
county or judicial district
20. (a) Except as provided in Subdivisions(b)and(c)below, in an effort to resolve any conflicts that arise during the
design or construction of the project or following completion of the project, Client and Consultant agree that all disputes
between them arising out of or relating to this agreement shall be submitted to nonbinding mediation, unless the parties
mutually agree otherwise.
Client and Consultant further agree to include a similar mediation provision in all agreements with independent
contractors and consultants retained for the project and to require all independent contractors and consultants also to
include a similar mediation provision In all agreements with subcontractors, subconsultants, suppliers or fabricators so
retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those
agreements.
(b)Subdivision(a)shall not preclude or limit Consultant's right to file a legal action for the collection of fees.
(c)Subdivision (a)shall not preclude or limit Consultant's right to perfect or enforce applicable mechanic's lien or
stop notice remedies.
IN WITNESS WHEREOF,the parties hereby execute this agreement upon the terms and conditions stated above.
Client City of San Juan Capistrano Consultant Hunsaker&Associates Irvine.Inc.
By By
Name/Title Name/Title Robert Wheeler/Asst.Mgr. Mappino Dept
Date Signed Date Signed August 14.2018
Project Number Project Number
RW:t1(flctlptbntCOSJC POlrliw.docx)8-14-18 2 LLA—APN-888-011-28 and-27
Hunsaker&Associates Irvine,Inc, City of San Juan Capistrano