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1996-1002_GOLDEN TRIANGLE LAND SURVEYING_Agreement for Consulting Services AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made this 2nd day of October, 1996, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and GOLDEN TRIANGLE LAND SURVEYING, hereinafter referred to as "Consultant." WITNESSETH: This Agreement is made by and between City and Consultant for the consideration hereafter named, as follows: SECTION 1. SCOPE,n,P WORK Subject to the terms of this Agreement, Consultant shall perforin the following described work: See Attachment 'W'. SE ON 2 TIME OF BE NTN D COMP-LETION OF SERYICES. The services provided for under this Agreement shall begin upon execution of this Agreement by all parties. The services provided under this Agreement shall be completed on or before 4fiiu ry 3.0 t997�.- / c 116- SE TON 3. PAYMENT FOR.CONSULTANT'S-SERVICES, Payments under this Agreement shall be as follows: Three (3) copies of itemized bills clearly indicating the monthly period for which the billing; is made, and including dates on which expenses (except costs for telephone) were incurred, shall be submitted to: City of San Juan Capistrano Attn: Sharon Heider, Open Space Project Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Total. cost to City for Consultant's services shall not exceed $9,400. SECTION !.--..-CHANGES IN SCOPE-O.F.AORK. No additional fees shall be paid by City for additional consulting services not included in. this Agreement without the written approval of the City prior to undertaking such work. SECTION 5 RMI I City may, without cause, terminate this Agreement at any time prior to completion by Consultant of any of the services required hereunder. Notice of Termination of this Agreement shall. be given in writing to Consultant, and shall be sufficient to complete when same is deposited in the U.S. Mail, first class postage prepaid. In the event this Agreement is terminated by City, Consultant shall be paid the value of services performed by him pursuant to this Agreement prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by City, less the amount of any payments previously made, but in no event exceeding the maximum contract amount stated in SECTION 3. SECTION 6 NO A NME Consultant shall not assign any portion of the work under this Agreement without the prior written approval of the City. SLq MON 7. INDEPENDENT CONTRACTOR, At all times during the term of this Agreement, Consultant shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. SECTION 8-INDEMNITY, Consultant shall be responsible for all injuries to persons and for damages to real or personal property of City, caused by or resulting from any activity or operation of Consultant, it employees, or its agents during the progress of, or connected with, the rendition of services hereunder, to include the final product which is subject of this Agreement. Consultant shall defend and hold harmless and indemnify City and all officers and employees of City from all costs and claims for damages to real or personal property, or personal injury to any third party resulting from the activity of itself, employees, or its agents. SECTION 9. C-ONSELTANT NOTAN.AGENT, Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. -2- SECTION 10, PERSONNEL Consultant agrees to assign the following person/persons to perform the tasks set forth in this Agreement: Willard Hall Bonne G. Bayne -S-E-CIION 1 NON-DIS-CLOSURE, REQUIREMENTSLOOMELICT OF .INTEREST Pursuant to Council Policy, it has been determined that the services to be rendered under the provisions of this Agreement are excluded by the requirement of filing a Financial Disclosure Statement by California Administrative Code Section 18700 (2) (A) and (B). Consultant certifies that to the best of its knowledge, no City employee or office of any public City interest in this Agreement has any pecuniary interest in the business of Consultant and that no person associated with Consultant has any interest that would conflict in any manner or degree with the performance of this Agreement. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this Agreement. Consultant is familiar with the provisions of Government Code Section 87100 and following, and it certifies that it does not know of any facts which constitute a violation of said provisions. Consultant will advise the City if a conflict arises. SECTICIN 12. INSURANCE REQUIREMENTS The following shall be required of Consultant and of each subcontractor employed by Consultant to perform services under this Agreement. Consultant shall supply evidence of valid, current coverage in all specified areas for all services covered by this Agreement, whether performed by Consultant or by subcontractors of Consultant. I. ComprehensiveCeneral Liability. Consultant shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage, and blanket contractual liability in the following minimum amounts_ $500,000 property damage-, $500,000 injury to one person/any one occurrence/not limited to contractual period; -3- $1,000,000 injury to more than one person/any one occurrence/ not limited to contractual period. Consultant shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. II. Comprehensiye Automobile Li6ibly. Consultant shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/ not limited to contractual period. Consultant shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. III. F.,rrors and Omissi.on&C—Average. Consultant shall maintain in full force and effect professional. errors and omissions coverage in a minimum amount of$500,000. IV. Worker's Compensation. If Consultant employs employees to perform services under this Agreement, Consultant shall obtain and maintain., during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. This policy/policies shall not terminate, nor shall they be cancelled, nor the coverage reduced until after 30 days written.notice is given to the City. Consultant shall provide, prior to beginning work, Certificate(s) of Insurance to the City establishing that the required insurance coverages have been secured by Consultant. -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.. CONSULTANT GOLDEN TRIANGLE LAND SURVEYING By .. 4OFSANCAPISTRANO APPROVED AS TO FORM: I HARD k. 'DEN-HALTER City Attorney -5- 09--25-1996 09:31AM FROM GOLDEN TRIANGLE SURUFY TO 17144931053 P.01 ° $soSY-fit"Fax Note, flatsg To Proms Iff Phone done O Fax Fax log mgple �t via feat September 24,. 1996 Sharon Heider. Open Space projects Manager City of Sara Juan Capistrano 32400 Pasco'Adcl to S .J Capistrano, C.A, 92675 San Juan Sports Park Dear Ms Heider. "is office would like to provide the land surveying services req for the completio' n of the above &( ject. I have enclosed a proposal of the survey items that are normally required with.a specific scope of work. There.is no allocation for any agency fees in this proposal. The,time perio& are fpm the date of acceptance of this proposal and do not include any.agency review tit e. Additionally, if the time line is based can'the title report.,; the amount of timnc is.based. on the greater'ofthe two. Please review the supe of work and . see if you require.any er survey services or a deletion of any proposal item.. BOUNDARY SURVEY(one weeks 3,100- Survey ,'100_5 ey the boundary to ascertain the deed comm for this site per.the legal description. CALIFORNIA COQ M" TE INDEX $ 500 Conduct field survey to establish C ' oma C. oord° tcs to this parcel. GOLDEN TRIANGLE LAND SURVEYING I N.C. 09--25-19% 08:31AM FRDN GOLDEN TRIANGLE SURD Y —ISI 17144931053 P.02 A o , page 2 City of San Juan Capistrano/San J» Sports pat' PARCEL M (ten clays or widiin four days after Title report) $ 3,800. , Prepaw.a Final Parcel Map, No Tentative Pamel Map will be prepared for this project. P el location and size will be . determined by wooden stakes set dig Boundary Spey and approved by Sharon ffeider. MONUMENTAITON OF NEW PARCELS S 21000, Wnument new Pals up®n recordation of Parcel Map- Menurnentation dues not -cost or,` .demon®f any street centerline type-monuments. . An example is the -10 stwet.centerline monument. TOTAL COST NOT TO EXCEED $ 91,400. . The cast for the above is based do a time and"materials baste except the boundary survey which is lump sum with the.above amounts stated at.a bot-to-exceed amount per item. Enclosed is the rate schedule. Payment is due and payable viten ffiirty days of billing_ Sincerely, olden Triangk Lend Surveying, Inc. 4ay1 . Bonn President TOTAL P.02