16-0622_HUNSAKER LAND SURVEYING, INC_Letter Agreement32400 PASEO ADEL ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
N tt'WS,J11/1JUtJ1 apl� 11 Ono'I"Q
JUNE 22, 2016
HUNSAKER LAND SURVEYING INC.
P.O. Box 4359
COSTA MESA, CA 92628
Dear Mr. Hunsaker:
Letter As,Trecment for Land Surveying Services
!AFNIHERS CSF 76 IF CIT/ COUNCIL
SAM ALLEVATO
KERRY K, FERGUSON
PAJM PATTERSON, ESQ
JOHN M PERRY
DEREK REEVE
This letter shall be our Agreement ("Letter Agreement") regarding the land surveying services
described below ("Services") to be provided by Hunsaker Land Surveying Inc., a Corporation
("Consultant") as an independent contractor to the City of San Juan Capistrano (the "City") for
land surveying services associated with the City's Eastern Irrigation Water System ("Project").
Consultant is retained as independent contractor and is not an employee of the City. City and
Consultant are sometimes referred to herein as "Party" or "Parties."
The Services to be provided include the following: The Services to be provided are more
particularly described in the Scope of Services attached hereto as Exhibit "A" and are
incorporated herein by reference. Services on the Project shall begin immediately and shall be
completed by September 1, 2016, 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 subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City 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, the City shall be entitled to terminate this Letter Agreement for cause. The key
personnel for performance of this Letter Agreement are as follows: Bruce Hunsaker.
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June 23, 2016
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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) of $70.86/hour for chief of party, $68.36/hour
for instrument man, and $67.78/hour for chain man or rod man. The total compensation shall not
exceed $4,290 (contract amount plus a 10% contingency for City approved change orders)
without written approval of the CITY MANAGER. Consultant's invoices shall include a detailed
description of the Services performed. Invoices shall 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,
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement
of this Letter Agreement. Consultant shall make copies of the prevailing rates of per diem wages
for each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Consultant's principal place of
business and at the project site. Consultant shall defend, indemnify and hold the City, its elected
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.
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 sub -
consultants 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 sub -consultants, 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.
Consultant shall provide proof of commercial general liability, business auto liability, and
professional liability/errors and omissions insurance to the City in amounts and with policies,
endorsements and conditions required by the City for the Services. The City, its elected 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. if
Consultant is an employer or otherwise hires one or more employees during the term of this
Proiect, Consultant shall also provide proof of workers compensation coverage for such
employees, which meets all requirements of State law, with endorsements and conditions
required by the City.
The City may terminate this Letter Agreement at any time with or without cause. If the City
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June 23, 2016
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finds it necessary to terminate this Letter Agreement without cause before Project completion,
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, indemnify and hold the City, its
directors, 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 alleged acts, errors or omissions of Consultant, its officials,
officers, employees, subconsultants, consultants or agents in connection with the performance of
the Consultant's Services, the Project or this Letter Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other related
costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are
subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required
by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall
survive expiration or termination of this Letter Agreement, and shall not be restricted to
insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or
volunteers.
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 the Project or the
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 the Project 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
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Hunsaker Land Surveying, Inc.
June 23, 2016
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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
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, 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, 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.
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, please indicate by signing and dating where
indicated below. This Agreement may be signed in counterparts, each of which shall constitute
an original.
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Hunsaker Land Surveying, Inc.
June 23, 2016
Page 5 of 5
CITY OF SAN JUAN CAPISTRANO
Approved By. -
7
y:
B min e
ity Manager
Date
Approved As To Form:
City Attorney
61147.02100\24471675.1
Hunsaker Land Surveying, Inc.
Signature
?7cvce—n5
Printed Name
Fre6l -,�,t
Title
(0 f-' 1(,,-7
Date
Hunsaker Land Surveying, Inc.
June 23, 2016
Page 5 of 5
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By.
Maria Morris, City Clerk
Approved As To Form:
ity A#torney
61147.02100\24471675.1
Hunsaker Land Surveying, Inc.
Signature
Printed Name
Title
Date
H U N SA K E R
Land Surveying, Inc.
June 16, 2016
Michael Marquis, PE
Associate Civil Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Surveying Services for Water Connections
Dear Michael:
Hunsaker Land Surveying, Inc. is pleased to offer the following proposal for furnishing
Surveying Services for the project referred to above.
This proposal is based upon information provided by you in emails and information acquired via
the internet, a site visit with you on June 14, 2016, as well as general knowledge of the site and
requirements.
We propose to provide surveying services as outlined in Exhibit "A" for an estimated fee of
$3,900.00. Invoicing will accompany the results of our survey and is payable upon receipt.
Should this proposal meet with your approval, please sign below and return to me. We are
available to begin work upon your authorization.
Should you have any questions or need any clarification, I can be reached at 949.243.4645.
Very truly yours, Approved By:
Name
Bruce F. Hunsaker, PLS
President
Title v
Date
P.O. Box 4359 a Costa Mesa a CA & 92628 + 949.243.4645 • HUNSAKERLS.COM ffk
Exhibit A
Exhibit A
La Novia at Calle Arroyo — Water Services
SCOPE OF SERVICES
Task 1 Control Survey — Establish Horizontal and Vertical Control
based on County of Orange monuments in the area. We will
perform locations on various centerline and/or boundary
locations to establish right-of-way lines in the area. If a title
report is not provided we will utilize available record information
in the area available to us .......................................................... $ 850.00
Task 2 Topographic Survey — Provide topographic survey of the site
as detailed in during the site visit. We will include any USA
markings on the site if they are provided prior to our work, we
would expect to receive their report prior to the survey to
ensure all items are accounted for. Every attempt will be made
to avoid or move delicately through biologically sensitive areas
if these areas area made know prior to the survey ..................... $ 2,300.00
Task 3 Deliverables — Deliverables will include a CSV of the
topographic locations and a DWG of the completed boundary
survey and a PDF of the survey ................................................ $ 750.00
Total $ 3,900.00
This proposal is based on the following assumptions and information:
i . This proposal is based upon information provided by you in emails and on the site walk
of June 14, 2016, and information acquired via the internet, as well as general
knowledge of the site and requirements and includes only that work detailed herein. All
additional work will be performed on a time and material basis or under a separate
contract.
2. The site is shown from the intersection of La Novia Avenue and Calle Arroyo, southerly
on La Novia to the San Juan Creek Bridge. It will take in all of the intersection at La
Novia and Calle Arroyo, extend to the back of walk on the West side of La Novia, +/-
200' Easterly of La Novia (as defined in the site walk) and extend Southerly onto the
bridge deck.
3. We will acquire design level topography for mapping and obtain locations of all above
ground utility appurtenant devices as well as USA markings and other items of note as
described during the site walk of June 14, 2016,
Hunsaker Land Surveying, Inc. A-1 La Novia at Calle Arroyo
City of San Juan Capistrano
June 16, 2016
Exhibit A
Scope of Services, cont.
4. A title report has not been provided, we will establish any necessary right-of-way and
boundary lines from record information unless one is provided. If a title report is
available we request it be provided prior to our work.
5. Individual items for budget purposes only; total cost shall govern.
6. If utility mark -outs have been performed prior to our work we will locate them. If not we
will only locate above ground appurtenant devices. Our scope does not include any
utility research. When USA markings have occurred we would appreciate their report
and exhibit prior to our work to ensure all items are accounted for.
Hunsaker Land Surveying, Inc.
A-2
La Novia at Calle Arroyo
City of San Juan Capistrano
June 16, 2016