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22-1213_HUNSAKER & ASSOCIATES_Letter Agreement 1 Douglas L. Staley, President Hunsaker & Associates Irvine Inc. 3 Hughes Irvine, CA 92618 Dear Mr. Staley: Letter Agreement for ALTA/NSPS Land Title Survey of City of San Juan Capistrano Property – Assessor’s Parcel 664-971-01, Being Lot A of Tract No. 8485 This letter shall be our Agreement (“Letter Agreement”) regarding the land survey services described below (“Services”) to be provided by Hunsaker & Associates Irvine Inc. (“Consultant”) as an independent contractor to the City of San Juan Capistrano (the “City”). Consultant is expressly retained and at all times shall remain as to City as a wholly independent contractor and not an employee of the City, and neither City nor any of its agents shall have any control over the conduct of Consultant or Consultant’s employees or agents except as provided for in this Letter Agreement. City and Consultant are sometimes referred to herein as “Party” or “Parties.” The Services to be provided are more particularly described in the Consultant’s Proposal and Scope of Services attached hereto as Exhibit “A” and are incorporated herein by reference. The term of this Letter Agreement shall be the one-year term from December 15, 2022, through December 14, 2023. Consultant’s services shall begin immediately and shall be completed within the term of this Letter Agreement unless extended by the City in writing. Consultant shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Consultant represents that it, its employees, and its subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement. Consultant has represented to the City that certain key personnel will perform and coordinate the Services under this Letter Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of equal competence upon written approval of the City. In the event that the City and Consultant cannot agree as to the substitution of key personnel, then the City shall be entitled to terminate this Letter Agreement for cause. The key personnel for performance of this Letter Agreement are as follows: Robert Wheeler and Jason Kinnie. Compensation shall be based on the actual amount of time spent in adequately performing the Services and shall be billed at the hourly rate(s) described in the Consultant’s rate sheet attached hereto as Exhibit “B” and incorporated herein by reference. The total compensation shall not exceed $44,500 without written approval of the City Manager or Assistant City Manager. Consultant’s invoices shall include a detailed description of the Services performed. Invoices shall 2 be submitted to the City on a monthly basis as performance of the Services progresses. The City shall review and pay the approved charges on such invoices in a timely manner. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and the total compensation is $1,000 or more, then Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. 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 any failure or alleged failure to comply with the Prevailing Wage Laws. Consultant shall provide proof of the following insurance: A. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/$3,000,000 aggregate for bodily injury, personal injury, and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per occurrence for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence, with waiver of subrogation; and D. Consultants providing professional services shall provide Professional Liability (Errors and Omissions) Insurance of at least $1,000,000. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A-:VII" rating according to the latest Best Key Rating unless otherwise approved by the City. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Consultant’s policies of Commercial General Liability and Automobile Liability insurance and such coverage provided to the City as an Additional Insured shall apply on a primary and non-contributory basis. Waiver of subrogation endorsements in favor of the City shall be provided on Consultant’s policies of Commercial General Liability, Automobile Liability and Workers’ Compensation/Employer’s Liability insurance. The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement without cause before completion of Consultant’s services, then Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter Agreement only upon 30 calendar days’ written notice to the City only in the event of City’s failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 3 indemnify and hold the City, its officials, officers, employees, volunteers, and agents 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, in any manner arising out of, pertaining to, or incident to any 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 or this Letter Agreement, including without limitation the payment of all damages, expert witness fees and 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. If Consultant’s obligation to defend, 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. This Paragraph shall survive termination of this Letter Agreement. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of Consultant’s services, including all Cal/OSHA requirements; all emissions limits and permitting requirements imposed by the California Air Resources Board (CARB) or other governmental agencies; and all water quality laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the City. By executing this Letter 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. Consultant shall maintain records of its compliance, including its verification of each employee, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, sub- subcontractors and consultants performing any work relating to Consultant’s services or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. Consultant's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the 4 Services. Finally, Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Consultant shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter 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 Letter Agreement, then the action shall be brought in a state or federal court situated in Orange County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims, shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, then Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the City, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third-party beneficiaries of any right or obligation of the Parties. By its signature, Consultant confirms that it has no financial, contractual or other interest or obligation that conflicts with or is harmful to performance of its obligation under this Letter Agreement. Consultant shall further not knowingly obtain, during the term of this Letter Agreement, such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Letter Agreement who has such incompatible interest or obligation. Waiver of a breach or default under this Letter Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the City shall not constitute a waiver of the City’s right to obtain correction or replacement of any defective or noncompliant work product. Consultant shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City or any authorized representative. All records shall be made available at the request of the City, with reasonable notice, during regular business hours, and shall be retained by Consultant for a period of three (3) years after the expiration of this Agreement. 5 It is understood and agreed that the City shall own all documents and other work product that the Consultant developed for the Services in Exhibit A, except the Consultant’s notes, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. Consultant shall at its sole expense provide all such documents to the City upon request. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. Consultant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you agree with the terms of this Letter Agreement, then please indicate by signing and dating where indicated below. December 13, 2022 KEY FACTORS §Repeat awards for multiple on-call surveying contracts with Riverside County and Moreno Valley §Knowledge of Federal State and local agency requirements for deliverables §Highly capable task team manager with many years of experience §Responsive with maximum depth of highly qualified available resources §Firm has 24 fully equipped field crews each led by a certified party chief Submitted by email September 14, 2022 Mr. Steven May – Project Manager CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject:Proposal for ALTA/NSPS Land Title Survey Assessor Parcel 666-232-08 Proposed Horse Stables Dear Mr. May: Hunsaker and Associates Irvine, Inc. (H&A) is pleased to submit this proposal for your consideration with services to be from our Irvine headquarters. H&A will provide most of the requested services using our employees with R. J. Lung as subconsultant for aerial photogrammetry. H&A was established in 1976 as a California Corporation. Our company is a full-service survey and civil engineering firm with headquarters in Irvine and offices in Los Angeles, Riverside and San Diego. Our firm and staff comply with all State of California registration requirements for all of the services. Why is H&A the Best Qualified Firm H&A has the depth of resources consisting of numerous highly qualified individuals with extensive knowledge of San Juan Capistrano’s standards and procedures from past assignments so we can perform this one in a timely manner and at a reasonable cost. The assigned project manager and lead for mapping tasks, will be Robert Wheeler, PLS Jason Kinnie, PLS will be the surveying lead person. We are looking forward to committing our resources to be of service to San Juan Capistrano and working with you successfully. Should you have any questions, please do not hesitate to contact our designated project manager Robert Wheeler at rwheeler@hunsaker.com or by phone at our Irvine office. Very truly yours, HUNSAKER & ASSOCIATES, INC. Doug Staley, PE Robert Wheeler, PLS President Project Manager (k\pw\ps\s\COIR 16P-rn.docx) Exhibit "A", Page 1 of 10 SECTION A FIRM AND KEY PERSONNEL EXPERIENCE Hunsaker & Associates Irvine, Inc. (H&A), established in 1976, is a California Corporation. Our company is a full-service civil engineering firm with headquarters in Irvine and offices in Los Angeles, Riverside and San Diego. We have more than 200 employees with approximately 50 involved in office and field surveying and mapping work. The firm is owned by five individuals who are “hands-on” managers, live in Southern California and each have over 35 years of experience. Project Manager and Key Personnel H&A’s designated project manager Robert Wheeler, PLS has over 20 years of experience with both a BS degree and the required land survey tech courses to qualify him as a professional land surveyor. The lead person for surveying Jason Kinnie, PLS has over 40 years of experience in a wide range of assignments. Together they lead an unparalleled team of 10 individuals with PLS registrations and more than 10 staff members not yet registered. The registered staff ALL have over 30 years of experience and represent a unique resource for the City of San Juan Capistrano by bringing decades of lessons learned to each assignment from the City. Below is an Organization Chart showing our surveying and mapping staff. On the following pages are resumes for Robert Wheeler, PLS and Jason Kinnie, PLS since they are considered key personnel. In the Appendix is a Staff Qualifications Matrix communicating the capabilities of all of the registered personnel in various surveying and mapping tasks. Exhibit "A", Page 2 of 10 Robert Wheeler, PLS Project Manager and Lead Person – Mapping MAPPING DEPARTMENT MANAGER Credentials: BS California State Polytechnic University Pomona 2008 Civil Engineering, California 2009 Professional Land Surveyor No. 8639 Professional Experience: Mr. Wheeler has been involved in the survey industry since high school and has extensive experience in Boundary Surveys, legal descriptions, Title Analysis, ALTA surveys, Subdivision Mapping, the Subdivision Map Act and PLS Act. Mr. Wheeler has been an expert witness regarding boundary and title disputes on numerous cases. Key Projects: City of Irvine, Great Park Neighborhoods, Irvine, CA: Mr. Wheeler continues to prepare boundary analysis, tract maps, legal descriptions and plats, easements and monumentation for development. City of Irvine, USMC El Toro Boundary Survey, Irvine, CA: Mr. Wheeler directed a team that performed boundary analysis and encumbrances plotting. H&A’s services included a Record of Survey, Final Land Conveyance Parcel Map and numerous Lot Line Adjustments. City of Irvine, Annual Slurry Seal and Pavement Rehabilitation, Irvine, CA: Mr. Wheeler managed all street monumentation pre-construction tie-out survey and post-construction monuments survey/resetting of disturbed monuments, post-construction corner records and undocumented monuments locations. City of Irvine, Heritage Fields (USMC El Toro reuse), Irvine, CA: Mr. Wheeler compiled record of survey, legal descriptions for CFD’s, grant deeds, easement vacations, right of way, and title exhibits and exhibits. City of Irvine, Bake/Lake Forest Extension, Irvine, CA: Mr. Wheeler developed legal descriptions for right of way dedication, grant deeds, vacations and quitclaims of easements, new easements and rights of way for the Bake Parkway and Lake Forest Drive extension. County of Riverside, On-Call Surveying Services, Riverside, CA: Mr. Wheeler supervise staff establishing boundary lines, right of way maps and monument perpetuation, and construction staking of grading and site improvements, utility infrastructure, buildings and structures. City of Lake Elsinore, Railroad Canyon Road Widening, Lake Elsinore, CA: Mr. Wheeler directed preparation of a Record of Survey to restore proper monumentation and remedy existing ownership/property gaps for ultimate widening. KEY FACTORS •23 years of experience an PLS registration •Expertise in boundary and title analysis •Expertise in ALTA standards and surveys •Responsible for over 200 subdivision maps in southern California in the last 10 years. Exhibit "A", Page 3 of 10 Jason R. Kinnie, PLS Lead Person – Mapping SENIOR LAND SURVEYOR Credentials: Undergraduate Studies – Fort Lewis College, Durango, Colorado California, 1994, Professional Land Surveyor /#7090 Professional Experience: Mr. Kinnie has been involved in the preparation and processing of Tentative and Final Parcel/Tract Maps, Lot Line Adjustments, ALTA Land Title Surveys, Title Reports, Parcel Maps, Legal Descriptions, Certificate of Compliance, Record of Surveys, Final Monumentation, Right-of-Way Determinations Mapping, Right-of-Way Engineering, Cadastral Mapping, GPS Projects, Photo Control Surveys, As-Built Surveys, GPS data reduction and adjustments. Key Projects: City of San Juan Capistrano, Marbella Golf Course, San Juan Capistrano, CA: Mr. Kinnie was responsible for processing the boundary survey and preparing the Record of Survey, lot line adjustments and legal descriptions with plats for recordation. Caltrans, Ortega Highway Widening, Orange County and San Juan Capistrano, CA:Mr. Kinnie supported boundary surveying, GPS processing, aerial control, project control, centerline re-establishment and ultimate Right-of-Way monumentation for this highway widening project. City of Oxnard, RiverPark Mixed-Use Development, Oxnard, CA:Mr. Kinnie assisted in aerial mapping, boundary survey and construction staking support for 700-acre mixed-use development. Surveying responsibilities included GPS processing, aerial mapping, record of survey determinations, ALTA mapping, and legal descriptions. City of Oxnard, Oxnard Village Mixed-Use Development, Oxnard, CA:Mr. Kinnie facilitated aerial mapping, boundary survey and ALTA surveys for this 100-acre, mixed-use development within the Historic Enhancement and Revitalization of Oxnard Redevelopment Project area. City of Irvine, USMC El Toro Reuse Boundary Survey, Irvine, CA: Mr. Kinnie processed the boundary survey and prepared the Record of Survey documents and performed in-depth research of boundary data, made extensive field survey to confirm boundary and compiled boundary map information. California Department of Motor Vehicles, Facilities Topographic Survey and Encumbrance Map, San Diego, CA: Mr. Kinnie performed detailed design topographic survey of the entire existing facility that was used to design the new DMV facilities and site improvements. Work included boundary surveys, boundary analysis, and determination of existing Right-of-Way lines. City of Mission Viejo, Rancho Mission Viejo, Mission Viejo, CA:Mr. Kinnie managed cadastral mapping effort of more than 26,000 acres of Rancho Mission Viejo. In this role, he mapped the conveyance documents, which have impacted a portion of Rancho Mission Viejo since California statehood in 1850. As part of his duties, he provided GPS processing and aerial mapping. KEY FACTORS §42 years of experience and PLS registration §Experienced QA/QC expert for survey and mapping work §Knowledge of boundary determination and documents §Supervised field survey and office mapping staff §Past work in design surveys and construction staking Exhibit "A", Page 4 of 10 Page 5 SECTION C KNOWLEDGE H&A is often considered a “land development firm” and it is assumed we have little experience with public agency projects. However, all of our surveying and mapping work has been done to meet the criteria of the public agencies with jurisdiction and was reviewed and approved by the agency staff. This issue has also been addressed in the previous proposal section with the listing of our extensive active public agency contracts. The City of San Juan Capistrano will greatly benefit from our extensive past and present work for both private developers and public agencies and the knowledge gained. Orange County H&A has processed hundreds of documents with the Orange County Surveyor staff and officially recorded materials with the Clerk-Recorder. H&A staff process documents through these departments on a daily basis so we are up-to-date on all aspects of the procedures and the applicable regulations. State of California H&A is registered as a firm with the Department of Industrial Regulation (DIR) and maintain our registration active. Our accounting systems and staff are fully versed on the Prevailing Wage Regulations and comply with them continuously. Since we only use Union Surveyor members, the compliance aspect is relatively easy. We are also cognizant of the applicable Cal-OSHA policies and procedures and keep updated on any revisions and communicate them to our staff. Our registered staff all have Professional Land Surveyor licenses and maintain their registration by complying with the State requirements. Each one also went through the State registration process including formal education, apprenticeship, LSIT test and experience and the PLS exam. H&A presently has a contract with the State Department of Recreation and Parks for engineering services which has provided insights into the functioning of state agencies for on-call contracts. Federal Agencies As with Cal-OSHA, H&A management keep current with the Federal OSHA policies and procedures and communicate any changes to our staff during our routine safety briefings. Our accounting staff is aware of the Federal Acquisition regulations (FAR) and understand their applicability; however, H&A utilizes the Safe Harbor provisions for simplicity. Exhibit "A", Page 6 of 10 Page 6 SECTION D REFERENCES Below is a Reference Matrix with the agencies and contact information for six references for H&A in which Robert Wheeler, PLS and/or Jason Kinnie, PLS were involved in a management role equivalent to their positions on this project. City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Richard Hill, PLS, City Surveyor (714) 765-4141 County of Orange 601 N. Ross Street Santa Ana, CA 92701 Lily Sandberg, PLS, Deputy County Surveyor (714) 967-0846 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92537 Remon Habib, City Engineer (951) 674-3124 ext. 213 County of Orange – OC PARKS 13042 Old Myford Road Irvine, CA 92602 Natalia Gaerlan, Senior Project Manager (714) 973-6865 County of Riverside 4080 Lemon Street, 8th Floor Riverside, CA 92501 David McMillan, County Surveyor (951) 955-6723 City of Moreno Valley 14177 Frederick Street Moreno Valley, CA 92553 Michael Lloyd, Assistant City Engineer (951) 413-3146 Exhibit "A", Page 7 of 10 Page 7 SECTION E PROJECT SCHEDULE Below is a project schedule based on Notice to Proceed September 30, 2022 with completion within 60 days. Exhibit "A", Page 8 of 10 Page 8 SECTION F PROJECT SCOPE AND FEE The ALTA will cover the exterior of Parcel A: Parcel A: Proposed Horse Stable Parcel This parcel is generally described as APN 666-232-08 which is bounded on the northeast by the storm drain easement across Parcel G of Amended Parcel Map No.79-856 P.M.B. 176/1-8, bounded on the northwest and southwest by the parcel lines of Parcel G and bounded on the southeast by the northerly edge of San Juan Creek Multi- use Trail. Per the discussion with Mr. Steve May we were informed as to the intent of the survey and what the city needs shown. The following additional details were discussed and agreed upon. 1) The northerly edge of San Juan Creek Multi-use Trail will be located every 25 feet. That alignment will be defined by a best fit series of curvilinear and linear lines. The land lying southeasterly of that northwesterly side of the trail will be retained by the City. Consequently, the legal and plat for the land to be conveyed will be that portion lying northwesterly of that northwesterly edge of the trail. 2) SMWD will mark the sewer and water lines in the field and the survey will geolocate these utilities based on the SMWD markings. Legal descriptions and plats will be prepared for the sewer line and for the water line. Easements for those utilities will be conveyed by the City to SMWD prior to conveyance of the land to another party by separate deeds for each utility. The legal descriptions will be Exhibits “A” and the two plats will be Exhibits “B”. These easements should be 20’ wide, centered on the located utilities and shown on the ALTA map as “proposed easements to SMWD”. 3)Prepare a legal and plat for the land to be conveyed. 4)No planimetrics are required internal to the horse stable property including buildings. Scope of Work and Cost: 1. Field Survey. .............................................................................$ 14,500 •1 days of Boundary (see note in Assumptions) •1 days of ALTA •0.5 days of locating SMWD markings for the sewer and water lines •0.5 days of locating equestrian trail along the southeasterly line of the parcel •Aerial targets, 1 day 2. Research, boundary analysis, title review and sitewalk. ..........$ 7,500 3. Drafting. ....................................................................................$ 3,000 4. Legal description and sketch for portion of Lot G lying south of storm drain easement and northwesterly of the equestrian trail............................................$ 2,500 5. Legal description and sketch for SMWD sewer line easement................................$ 2,500 6. Legal description and sketch for SMWD water line easement..............................$ 2,500 7. Aerial topography from RJ Lung. ..............................................$ 2,500 8. Meetings and coordination. ......................................................$ 1,500 Total $36,500 Optional item 9. Prepare and file Record of Survey showing the boundary and monuments for the conveyed parcel. ..................................................................................................... $ 8,000 Total $ 44,500 Exhibit "A", Page 9 of 10 Page 9 Assumptions: 1.The surveys shall conform to the “Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys” as adopted in 2021, and shall include Items 4, 8, 19, 20(a) and 20(b) of Table A thereof. Any additional items and certification required by a lender or others will be an extra to this contract and will be negotiated at that time. 2.The above estimates for boundary research, analysis and field survey are based on the assumption that sufficient adjacent centerline monumentation of record exists and are easily accessible surrounding the property allowing for the boundary to efficiently be established definitively. Due to the nature of boundary surveying actual field conditions may not match these assumptions. If that is the case or a material discrepancy is found, work will be stopped and client will be notified of the issue and an estimate of time to complete. 3.Client to provide a current title report before commencement of the survey or authorize an extra to obtain title report. 4.Client to provide reasonable access to the site to avoid delays to the survey. If access is denied work will be stopped until the client can provide access. 5. This contract does not include updates to the survey based on title report changes or site condition changes that occur after the commencement of the field survey. Those updates will be negotiated under a separate contract. 6. California State Law requires that under certain circumstances, excluding subdivision, a record of survey must be filed. If any of those circumstances arise during the course of the survey, work will be stopped and the client will be notified as to the reason and cost to complete the survey and work will recommence once a contract is agreed upon as to said record of survey. 7.Any consultations with lenders council, title or others with an interest in the survey after delivery will be billed at time and materials and is not part of the scope of this project. 8. The above ALTA also assumes that offsite appurtenant easement are not part of the survey. 9. Contract does not include a legal description for the parcels above. Exhibit "A", Page 10 of 10 EXHIBIT “B” (Rate Sheet) of Letter Agreement for ALTA/NSPS Land Title Survey of City of San Juan Capistrano Calle Arroyo Property, Assessor’s Parcel 666-232-08, Being a portion of Parcel G of PM 79-855 (Bk 176, PP 1-8) 1 November ___, 2022 Douglas L. Staley, President Hunsaker & Associates Irvine Inc. 3 Hughes Irvine, CA 92618 Dear Mr. Staley: Letter Agreement for ALTA/NSPS Land Title Survey of City of San Juan Capistrano Calle Arroyo Property, Assessor’s Parcel 666-232-08, Being a portion of PM 79-855 (Bk 176, PP 1-8) This letter shall be our Agreement (“Letter Agreement”) regarding the land survey services described below (“Services”) to be provided by Hunsaker & Associates Irvine Inc. (“Consultant”) as an independent contractor to the City of San Juan Capistrano (the “City”). Consultant is expressly retained and, at all times, shall remain as to City as a wholly independent contractor and not an employee of the City, and neither City nor any of its agents shall have any control over the conduct of Consultant or Consultant’s employees or agents except as provided for in this Letter Agreement. City and Consultant are sometimes referred to herein as “Party” or “Parties.” The Services to be provided are more particularly described in the Consultant’s Proposal and Scope of Services attached hereto as Exhibit “A” and are incorporated herein by reference. The term of this Letter Agreement shall be the one-year term from November ____, 2022 to November ____, 2023. Consultant’s services shall begin immediately and shall be completed within the term of this Letter Agreement unless extended by the City in writing. Consultant shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Consultant represents that it, its employees, and its subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement. Consultant has represented to the City that certain key personnel will perform and coordinate the Services under this Letter Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of equal competence upon written approval of the City. In the event that the City and Consultant cannot agree as to the substitution of key personnel, then the City shall be entitled to terminate this Letter Agreement for cause. The key personnel for performance of this Letter Agreement are as follows: Robert Wheeler and Jason Kinnie. Compensation shall be based on the actual amount of time spent in adequately performing the Services and shall be billed at the hourly rate(s) described in the Consultant’s rate sheet attached hereto as Exhibit “B” and incorporated herein by reference. The total compensation shall not exceed $$44,500 without written approval of the City Manager or Assistant City Manager. Consultant’s invoices shall include a detailed description of the Services performed. Invoices shall Hunsaker & Associates Irvine Inc. November ____, 2022 Page 2 of 6 2 be submitted to the City on a monthly basis as performance of the Services progresses. The City shall review and pay the approved charges on such invoices in a timely manner. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, then Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. 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 any failure or alleged failure to comply with the Prevailing Wage Laws. Consultant shall provide proof of the following insurance: A. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/$3,000,000 aggregate for bodily injury, personal injury, and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per occurrence for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence, with waiver of subrogation; and D. Consultants providing professional services shall provide Professional Liability (Errors and Omissions) Insurance of at least $1,000,000. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A-VII" rating according to the latest Best Key Rating unless otherwise approved by the City. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Consultant’s policies of Commercial General Liability and Automobile Liability insurance and such coverage provided to the City as an Additional Insured shall apply on a primary and non-contributory basis. Waiver of subrogation endorsements in favor of the City shall be provided on Consultant’s policies of Commercial General Liability, Automobile Liability and Workers’ Compensation/Employer’s Liability insurance. The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement without cause before completion of Consultant’s services, then Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter Agreement only upon 30 calendar days’ written notice to the City only in the event of City’s failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), Hunsaker & Associates Irvine Inc. November ____, 2022 Page 3 of 6 3 indemnify and hold the City, its officials, officers, employees, volunteers, and agents 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, in any manner arising out of, pertaining to, or incident to any 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 or this Letter Agreement, including without limitation the payment of all damages, expert witness fees and 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. If Consultant’s obligation to defend, 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. This Paragraph shall survive termination of this Letter Agreement. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of Consultant’s services, including all Cal/OSHA requirements; all emissions limits and permitting requirements imposed by the California Air Resources Board (CARB) or other governmental agencies; and all water quality laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the City. By executing this Letter 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. Consultant shall maintain records of its compliance, including its verification of each employee, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, sub- subcontractors and consultants performing any work relating to Consultant’s services or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. Consultant's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Hunsaker & Associates Irvine Inc. November ____, 2022 Page 4 of 6 4 Services. Finally, Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Consultant shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter 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 Letter Agreement, then the action shall be brought in a state or federal court situated in Orange County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims, shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, then Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the City, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third-party beneficiaries of any right or obligation of the Parties. By its signature, Consultant confirms that it has no financial, contractual or other interest or obligation that conflicts with or is harmful to performance of its obligation under this Letter Agreement. Consultant shall further not knowingly obtain, during the term of this Letter Agreement, such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Letter Agreement who has such incompatible interest or obligation. Waiver of a breach or default under this Letter Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the City shall not constitute a waiver of the City’s right to obtain correction or replacement of any defective or noncompliant work product. Consultant shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City or any authorized representative. All records shall be made available at the request of the City, with reasonable notice, during regular business hours, and shall be retained by Consultant for a period of three (3) years after the expiration of this Agreement. Hunsaker & Associates Irvine Inc. November ____, 2022 Page 5 of 6 5 It is understood and agreed that the City shall own all documents and other work product that the Consultant developed for the Services in Exhibit A, except the Consultant’s notes, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. Consultant shall at its sole expense provide all such documents to the City upon request. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. Consultant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you agree with the terms of this Letter Agreement, then please indicate by signing and dating where indicated below. Hunsaker & Associates Irvine Inc. November ____, 2022 Page 6 of 6 6 CITY OF SAN JUAN CAPISTRANO By: Benjamin Siegel, City Manager Date Attested: Maria Morris, City Clerk APPROVED AS TO FORM: Jeffrey S. Ballinger, City Attorney HUNSAKER & ASSOCIATES IRVINE INC. By: Douglas L. Staley, President Date November 15, 2022 EXHIBIT “A” (Proposal and Scope of Services) of Letter Agreement for ALTA/NSPS Land Title Survey of City of San Juan Capistrano Calle Arroyo Property, Assessor’s Parcel 666-232-08, Being a portion of Parcel G of PM 79-855 (Bk 176, PP 1-8) KEY FACTORS §Repeat awards for multiple on-call surveying contracts with Riverside County and Moreno Valley §Knowledge of Federal State and local agency requirements for deliverables §Highly capable task team manager with many years of experience §Responsive with maximum depth of highly qualified available resources §Firm has 24 fully equipped field crews each led by a certified party chief Submitted by email September 14, 2022 Mr. Steven May – Project Manager CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject:Proposal for ALTA/NSPS Land Title Survey Assessor Parcel 666-232-08 Proposed Horse Stables Dear Mr. May: Hunsaker and Associates Irvine, Inc. (H&A) is pleased to submit this proposal for your consideration with services to be from our Irvine headquarters. H&A will provide most of the requested services using our employees with R. J. Lung as subconsultant for aerial photogrammetry. H&A was established in 1976 as a California Corporation. Our company is a full-service survey and civil engineering firm with headquarters in Irvine and offices in Los Angeles, Riverside and San Diego. Our firm and staff comply with all State of California registration requirements for all of the services. Why is H&A the Best Qualified Firm H&A has the depth of resources consisting of numerous highly qualified individuals with extensive knowledge of San Juan Capistrano’s standards and procedures from past assignments so we can perform this one in a timely manner and at a reasonable cost. The assigned project manager and lead for mapping tasks, will be Robert Wheeler, PLS Jason Kinnie, PLS will be the surveying lead person. We are looking forward to committing our resources to be of service to San Juan Capistrano and working with you successfully. Should you have any questions, please do not hesitate to contact our designated project manager Robert Wheeler at rwheeler@hunsaker.com or by phone at our Irvine office. Very truly yours, HUNSAKER & ASSOCIATES, INC. Doug Staley, PE Robert Wheeler, PLS President Project Manager (k\pw\ps\s\COIR 16P-rn.docx) Exhibit "A", Page 1 of 10 SECTION A FIRM AND KEY PERSONNEL EXPERIENCE Hunsaker & Associates Irvine, Inc. (H&A), established in 1976, is a California Corporation. Our company is a full-service civil engineering firm with headquarters in Irvine and offices in Los Angeles, Riverside and San Diego. We have more than 200 employees with approximately 50 involved in office and field surveying and mapping work. The firm is owned by five individuals who are “hands-on” managers, live in Southern California and each have over 35 years of experience. Project Manager and Key Personnel H&A’s designated project manager Robert Wheeler, PLS has over 20 years of experience with both a BS degree and the required land survey tech courses to qualify him as a professional land surveyor. The lead person for surveying Jason Kinnie, PLS has over 40 years of experience in a wide range of assignments. Together they lead an unparalleled team of 10 individuals with PLS registrations and more than 10 staff members not yet registered. The registered staff ALL have over 30 years of experience and represent a unique resource for the City of San Juan Capistrano by bringing decades of lessons learned to each assignment from the City. Below is an Organization Chart showing our surveying and mapping staff. On the following pages are resumes for Robert Wheeler, PLS and Jason Kinnie, PLS since they are considered key personnel. In the Appendix is a Staff Qualifications Matrix communicating the capabilities of all of the registered personnel in various surveying and mapping tasks. Exhibit "A", Page 2 of 10 Robert Wheeler, PLS Project Manager and Lead Person – Mapping MAPPING DEPARTMENT MANAGER Credentials: BS California State Polytechnic University Pomona 2008 Civil Engineering, California 2009 Professional Land Surveyor No. 8639 Professional Experience: Mr. Wheeler has been involved in the survey industry since high school and has extensive experience in Boundary Surveys, legal descriptions, Title Analysis, ALTA surveys, Subdivision Mapping, the Subdivision Map Act and PLS Act. Mr. Wheeler has been an expert witness regarding boundary and title disputes on numerous cases. Key Projects: City of Irvine, Great Park Neighborhoods, Irvine, CA: Mr. Wheeler continues to prepare boundary analysis, tract maps, legal descriptions and plats, easements and monumentation for development. City of Irvine, USMC El Toro Boundary Survey, Irvine, CA: Mr. Wheeler directed a team that performed boundary analysis and encumbrances plotting. H&A’s services included a Record of Survey, Final Land Conveyance Parcel Map and numerous Lot Line Adjustments. City of Irvine, Annual Slurry Seal and Pavement Rehabilitation, Irvine, CA: Mr. Wheeler managed all street monumentation pre-construction tie-out survey and post-construction monuments survey/resetting of disturbed monuments, post-construction corner records and undocumented monuments locations. City of Irvine, Heritage Fields (USMC El Toro reuse), Irvine, CA: Mr. Wheeler compiled record of survey, legal descriptions for CFD’s, grant deeds, easement vacations, right of way, and title exhibits and exhibits. City of Irvine, Bake/Lake Forest Extension, Irvine, CA: Mr. Wheeler developed legal descriptions for right of way dedication, grant deeds, vacations and quitclaims of easements, new easements and rights of way for the Bake Parkway and Lake Forest Drive extension. County of Riverside, On-Call Surveying Services, Riverside, CA: Mr. Wheeler supervise staff establishing boundary lines, right of way maps and monument perpetuation, and construction staking of grading and site improvements, utility infrastructure, buildings and structures. City of Lake Elsinore, Railroad Canyon Road Widening, Lake Elsinore, CA: Mr. Wheeler directed preparation of a Record of Survey to restore proper monumentation and remedy existing ownership/property gaps for ultimate widening. KEY FACTORS •23 years of experience an PLS registration •Expertise in boundary and title analysis •Expertise in ALTA standards and surveys •Responsible for over 200 subdivision maps in southern California in the last 10 years. Exhibit "A", Page 3 of 10 Jason R. Kinnie, PLS Lead Person – Mapping SENIOR LAND SURVEYOR Credentials: Undergraduate Studies – Fort Lewis College, Durango, Colorado California, 1994, Professional Land Surveyor /#7090 Professional Experience: Mr. Kinnie has been involved in the preparation and processing of Tentative and Final Parcel/Tract Maps, Lot Line Adjustments, ALTA Land Title Surveys, Title Reports, Parcel Maps, Legal Descriptions, Certificate of Compliance, Record of Surveys, Final Monumentation, Right-of-Way Determinations Mapping, Right-of-Way Engineering, Cadastral Mapping, GPS Projects, Photo Control Surveys, As-Built Surveys, GPS data reduction and adjustments. Key Projects: City of San Juan Capistrano, Marbella Golf Course, San Juan Capistrano, CA: Mr. Kinnie was responsible for processing the boundary survey and preparing the Record of Survey, lot line adjustments and legal descriptions with plats for recordation. Caltrans, Ortega Highway Widening, Orange County and San Juan Capistrano, CA:Mr. Kinnie supported boundary surveying, GPS processing, aerial control, project control, centerline re-establishment and ultimate Right-of-Way monumentation for this highway widening project. City of Oxnard, RiverPark Mixed-Use Development, Oxnard, CA:Mr. Kinnie assisted in aerial mapping, boundary survey and construction staking support for 700-acre mixed-use development. Surveying responsibilities included GPS processing, aerial mapping, record of survey determinations, ALTA mapping, and legal descriptions. City of Oxnard, Oxnard Village Mixed-Use Development, Oxnard, CA:Mr. Kinnie facilitated aerial mapping, boundary survey and ALTA surveys for this 100-acre, mixed-use development within the Historic Enhancement and Revitalization of Oxnard Redevelopment Project area. City of Irvine, USMC El Toro Reuse Boundary Survey, Irvine, CA: Mr. Kinnie processed the boundary survey and prepared the Record of Survey documents and performed in-depth research of boundary data, made extensive field survey to confirm boundary and compiled boundary map information. California Department of Motor Vehicles, Facilities Topographic Survey and Encumbrance Map, San Diego, CA: Mr. Kinnie performed detailed design topographic survey of the entire existing facility that was used to design the new DMV facilities and site improvements. Work included boundary surveys, boundary analysis, and determination of existing Right-of-Way lines. City of Mission Viejo, Rancho Mission Viejo, Mission Viejo, CA:Mr. Kinnie managed cadastral mapping effort of more than 26,000 acres of Rancho Mission Viejo. In this role, he mapped the conveyance documents, which have impacted a portion of Rancho Mission Viejo since California statehood in 1850. As part of his duties, he provided GPS processing and aerial mapping. KEY FACTORS §42 years of experience and PLS registration §Experienced QA/QC expert for survey and mapping work §Knowledge of boundary determination and documents §Supervised field survey and office mapping staff §Past work in design surveys and construction staking Exhibit "A", Page 4 of 10 Page 5 SECTION C KNOWLEDGE H&A is often considered a “land development firm” and it is assumed we have little experience with public agency projects. However, all of our surveying and mapping work has been done to meet the criteria of the public agencies with jurisdiction and was reviewed and approved by the agency staff. This issue has also been addressed in the previous proposal section with the listing of our extensive active public agency contracts. The City of San Juan Capistrano will greatly benefit from our extensive past and present work for both private developers and public agencies and the knowledge gained. Orange County H&A has processed hundreds of documents with the Orange County Surveyor staff and officially recorded materials with the Clerk-Recorder. H&A staff process documents through these departments on a daily basis so we are up-to-date on all aspects of the procedures and the applicable regulations. State of California H&A is registered as a firm with the Department of Industrial Regulation (DIR) and maintain our registration active. Our accounting systems and staff are fully versed on the Prevailing Wage Regulations and comply with them continuously. Since we only use Union Surveyor members, the compliance aspect is relatively easy. We are also cognizant of the applicable Cal-OSHA policies and procedures and keep updated on any revisions and communicate them to our staff. Our registered staff all have Professional Land Surveyor licenses and maintain their registration by complying with the State requirements. Each one also went through the State registration process including formal education, apprenticeship, LSIT test and experience and the PLS exam. H&A presently has a contract with the State Department of Recreation and Parks for engineering services which has provided insights into the functioning of state agencies for on-call contracts. Federal Agencies As with Cal-OSHA, H&A management keep current with the Federal OSHA policies and procedures and communicate any changes to our staff during our routine safety briefings. Our accounting staff is aware of the Federal Acquisition regulations (FAR) and understand their applicability; however, H&A utilizes the Safe Harbor provisions for simplicity. Exhibit "A", Page 6 of 10 Page 6 SECTION D REFERENCES Below is a Reference Matrix with the agencies and contact information for six references for H&A in which Robert Wheeler, PLS and/or Jason Kinnie, PLS were involved in a management role equivalent to their positions on this project. City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Richard Hill, PLS, City Surveyor (714) 765-4141 County of Orange 601 N. Ross Street Santa Ana, CA 92701 Lily Sandberg, PLS, Deputy County Surveyor (714) 967-0846 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92537 Remon Habib, City Engineer (951) 674-3124 ext. 213 County of Orange – OC PARKS 13042 Old Myford Road Irvine, CA 92602 Natalia Gaerlan, Senior Project Manager (714) 973-6865 County of Riverside 4080 Lemon Street, 8th Floor Riverside, CA 92501 David McMillan, County Surveyor (951) 955-6723 City of Moreno Valley 14177 Frederick Street Moreno Valley, CA 92553 Michael Lloyd, Assistant City Engineer (951) 413-3146 Exhibit "A", Page 7 of 10 Page 7 SECTION E PROJECT SCHEDULE Below is a project schedule based on Notice to Proceed September 30, 2022 with completion within 60 days. Exhibit "A", Page 8 of 10 Page 8 SECTION F PROJECT SCOPE AND FEE The ALTA will cover the exterior of Parcel A: Parcel A: Proposed Horse Stable Parcel This parcel is generally described as APN 666-232-08 which is bounded on the northeast by the storm drain easement across Parcel G of Amended Parcel Map No.79-856 P.M.B. 176/1-8, bounded on the northwest and southwest by the parcel lines of Parcel G and bounded on the southeast by the northerly edge of San Juan Creek Multi- use Trail. Per the discussion with Mr. Steve May we were informed as to the intent of the survey and what the city needs shown. The following additional details were discussed and agreed upon. 1) The northerly edge of San Juan Creek Multi-use Trail will be located every 25 feet. That alignment will be defined by a best fit series of curvilinear and linear lines. The land lying southeasterly of that northwesterly side of the trail will be retained by the City. Consequently, the legal and plat for the land to be conveyed will be that portion lying northwesterly of that northwesterly edge of the trail. 2) SMWD will mark the sewer and water lines in the field and the survey will geolocate these utilities based on the SMWD markings. Legal descriptions and plats will be prepared for the sewer line and for the water line. Easements for those utilities will be conveyed by the City to SMWD prior to conveyance of the land to another party by separate deeds for each utility. The legal descriptions will be Exhibits “A” and the two plats will be Exhibits “B”. These easements should be 20’ wide, centered on the located utilities and shown on the ALTA map as “proposed easements to SMWD”. 3)Prepare a legal and plat for the land to be conveyed. 4)No planimetrics are required internal to the horse stable property including buildings. Scope of Work and Cost: 1. Field Survey. .............................................................................$ 14,500 •1 days of Boundary (see note in Assumptions) •1 days of ALTA •0.5 days of locating SMWD markings for the sewer and water lines •0.5 days of locating equestrian trail along the southeasterly line of the parcel •Aerial targets, 1 day 2. Research, boundary analysis, title review and sitewalk. ..........$ 7,500 3. Drafting. ....................................................................................$ 3,000 4. Legal description and sketch for portion of Lot G lying south of storm drain easement and northwesterly of the equestrian trail............................................$ 2,500 5. Legal description and sketch for SMWD sewer line easement................................$ 2,500 6. Legal description and sketch for SMWD water line easement..............................$ 2,500 7. Aerial topography from RJ Lung. ..............................................$ 2,500 8. Meetings and coordination. ......................................................$ 1,500 Total $36,500 Optional item 9. Prepare and file Record of Survey showing the boundary and monuments for the conveyed parcel. ..................................................................................................... $ 8,000 Total $ 44,500 Exhibit "A", Page 9 of 10 Page 9 Assumptions: 1.The surveys shall conform to the “Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys” as adopted in 2021, and shall include Items 4, 8, 19, 20(a) and 20(b) of Table A thereof. Any additional items and certification required by a lender or others will be an extra to this contract and will be negotiated at that time. 2.The above estimates for boundary research, analysis and field survey are based on the assumption that sufficient adjacent centerline monumentation of record exists and are easily accessible surrounding the property allowing for the boundary to efficiently be established definitively. Due to the nature of boundary surveying actual field conditions may not match these assumptions. If that is the case or a material discrepancy is found, work will be stopped and client will be notified of the issue and an estimate of time to complete. 3.Client to provide a current title report before commencement of the survey or authorize an extra to obtain title report. 4.Client to provide reasonable access to the site to avoid delays to the survey. If access is denied work will be stopped until the client can provide access. 5. This contract does not include updates to the survey based on title report changes or site condition changes that occur after the commencement of the field survey. Those updates will be negotiated under a separate contract. 6. California State Law requires that under certain circumstances, excluding subdivision, a record of survey must be filed. If any of those circumstances arise during the course of the survey, work will be stopped and the client will be notified as to the reason and cost to complete the survey and work will recommence once a contract is agreed upon as to said record of survey. 7.Any consultations with lenders council, title or others with an interest in the survey after delivery will be billed at time and materials and is not part of the scope of this project. 8. The above ALTA also assumes that offsite appurtenant easement are not part of the survey. 9. Contract does not include a legal description for the parcels above. Exhibit "A", Page 10 of 10 EXHIBIT “B” (Rate Sheet) of Letter Agreement for ALTA/NSPS Land Title Survey of City of San Juan Capistrano Calle Arroyo Property, Assessor’s Parcel 666-232-08, Being a portion of Parcel G of PM 79-855 (Bk 176, PP 1-8)