HomeMy WebLinkAboutItem No. 12 - Dennis Janda, Inc.City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-250
Agenda Date: 6/28/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 12)
Professional Services Agreement for On-Call Surveyor Services for City-wide requirements
with Dennis Janda, Inc.
Approve and authorize the City Manager to execute a Professional Services Agreement for On -Call
Surveyor Services with Dennis Janda, Inc. in the amount of $35,000.00, in such final form as approved
by the City Attorney.
Page 1 City of Lake Elsinore Printed on 6/23/2022
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: June 28, 2022
Subject: Professional Services Agreement for On-Call Surveyor Services for City-
wide requirements with Dennis Janda, Inc.
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement for On-
Call Surveyor Services with Dennis Janda, Inc. in the amount of $35,000.00, in such final form as
approved by the City Attorney.
Background
Over the past several years the City has used the on-call surveying services of Dennis Janda,
Inc. in support of various City projects. Critical to the construction phase of any project are
accurate surveying services. Both on and off-site services are required to perform construction
calculations, and construction site layouts for above and below-ground precision measurements.
Surveying services provide horizontal and vertical control limits as detailed in the construction
documents. These surveying services will include but not be limited to the below items:
Various field crew services
Site control & elevation verification & demo limits
Property boundaries
Survey monuments and marking
Site development for grading street curb and gutter
Traffic Signal marking
Water - domestic and fire appurtenances
Sewer and storm drain marking and elevation verification
Roads, sidewalks and ramps
Light standards
Electrical & gas lines
Building locations and elevations per plan
Discussion
In this agreement, the City will continue to utilize the survey services of Dennis Janda, Inc. on an
on-call status, and will continue until the term of this agreement is ended or renewed. This
Professional Services Agreement with Dennis Janda, Inc.
June 28, 2022
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agreement will provide for the surveying services to a wide variety of City projects and needs as
identified in the Fiscal Year 2022-23 Capital Improvement Program Budget. Dennis Janda, Inc.
has been a part of a very specialized team of professionals providing services to the City for
design and site development for major City Capital Improvement Projects (Rosetta Canyon Sports
Park, Launch Pointe RV Resort, Lincoln Road Realignment, Camino Del Norte Road,
Neighborhood Center Building Remodel and Public Works Administrative Building) and will
continue providing needed on-call survey support.
Fiscal Impact
The services will be funded with development impact fees on hand.
Exhibits
A – Agreement
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AGREEMENT FOR CONTRACTOR SERVICES
Dennis Janda Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On -Call) (the “Agreement”) is made and entered into as
of June 28, 2022 by and between the City of Lake Elsinore , a municipal corporation (the “City”)
and Dennis Janda Inc., a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
On-Call Surveyor Services
B. The City has prepared a request for a proposals and Contractor has submitted to
City a proposal, dated June 21, 2022, both of which are attached hereto as Exhibit A (collectively,
the "Contractor's Proposal") and incorporated herein, to provide services and related work to the
City pursuant to the terms of this Agreement.
C. Contractor possesses the skill , experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to
the direction of the City through its staff that it may provide from time to time. Contractor
acknowledges that the Scope of Services provides for 24 hour -a-day, 7 day-a-week, on-call and
minor construction support on an as needed basis.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this A greement consistent with
Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary
tools, expendable equipment, and all taxes, utility and transportation services required to perform
such the services and related work.
b. Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor's Proposal
(Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be
approved in writing by the City Manager .
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c. Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on June 28, 2022 and ending June 30, 2023. The City may, at its
sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
(30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of
work or services as all work or services shall be authorized through a Task/Work Order issued by the
City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed thirty five
thousand dollars and no cents ($35,000.00) without additional written authorization from the City .
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set
forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed . Contractor's bills shall be segregated by project task, if
applicable, such that the City receives a separate accounting for work done on each individual task
for which Contractor provides services. Contractor's bills shall include a brief description of t he
services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than
forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor’s personnel who
perform work required by this Agreement, including but not limited to their references, character,
address history, past employment, education, social security number validation, and criminal or police
records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide
the subject service or pose a risk to the safety of persons or property in and around the vicinity of where
the services will be rendered or City Hall. If the City makes a reasonable determination that any of
Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify
Contractor of the same. Contractor shall not use that personnel to perform work required by this
Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement, such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
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provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall become
the property of the City upon payment to Contractor for such work , and the City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or to any
other party. Contractor shall, at Contractor's expen se, provide such reports, plans, studies,
documents and other writings to City upon written request. City shall have sole determination of
the public’s rights to documents under the Public Records Act, and any third-party requests of
Contractor shall be immediately referred to City, without any other actions by Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights ,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to , physical drawings or data magnet ically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Contractor under this
Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing
that City is granted a nonexclusive a nd perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor
has the legal right to license any and all Documents & Data. Contractor makes no such
representation and warranty in regard to Documents & Data, which were prepared by design
professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in
any way in its use of the Documents & Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance of
this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior
written consent of City, use such materials for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Contractor, which is otherwise known to Contractor or is generally known, or has become known ,
to the related industry shall be deemed confidential. Contractor shall not use City 's name or
insignia, photographs relating to project for which Contractor's services are rendered , or any
publicity pertaining to the Contractor's services under this Agreement in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior written
consent of City.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law , from the date of final payment to Contractor to this
Agreement.
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b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time durin g regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in
this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may,
by written request by any of the above -named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such records
and documents shall be granted to any party authorized by Contractor, Contractor's
representatives, or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel performing
the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s
exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have
control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except
as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or
any of its officers, employees, or agents are in any manner officers, employees, or agents of the
City. Contractor shall not incur or have the power to incur any debt, obli gation, or liability
whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions, which
would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered by
this Agreement or any other source of income, interest in real property or investment which would
be affected in any manner or degree by the performance of Contractor's services hereunder.
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Contractor further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agr eement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information , advice, recommendation or counsel indepen dent of the control and
direction of the City or of any City official, other than normal agreement monitoring ; and
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg . 18700(a) (2).)
12. Ability of Contractor . City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to per form all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13. Compliance with Laws .
a. Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of
Contractor to practice its profession . Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
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15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or
ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or
omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be
held strictly liable, or by the quality or character of their work. The foregoing obligation of
Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law
arises from the sole negligence or willful misconduct of the City or its officers, employees, agents,
or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have
contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as
set forth in Section 2778 of the California Civil Code . Acceptance by City of insurance certificates
and endorsements required under this Agreement does not relieve Contractor from liability under
this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply . By execution of this Agreement, Contractor acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure
and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the
following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California . In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California for all of the sub contractor's
employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change . The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Contractor for City . In the event that Contractor is exempt from
Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California, Contractor shall submit to the City a Certificate
of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000 ,000) per
occurrence for bodily injury, personal injury and property damage . If a commercial general liability
insurance form or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Required commercial general
liability coverage shall be at least as broad as Insurance Services Office Commercial General
Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002
(ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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iii. Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Agreement, including
coverage for owned, hired and non-owned vehicles, in an amount of not less than one million
dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must
be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed . 12/90)
Code 1 ("any auto"). No endorsement may be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed
with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds
shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent
as any other insureds and there shall be no limitation to the benefits conferred upon them other than
policy limits to coverages.
ii. This policy shall be considered primary i nsurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers . Any insurance
maintained by the City, including any self-insured retention the City may have , shall be considered
excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability of the
insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees, agents
or volunteers.
vi. The insurance provided by this Policy shall not be suspended ,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has
been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City . At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self -insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the City
at all times during the term of this Agreement.
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17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communic ated within 48
hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Dennis Janda Inc.
Attn: Dennis Janda
42164 Remington Ave
Temecula Ca 92590
18. Assignment and Subcontracting . The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and competence of
Contractor. Contractor shall be fully responsible to City for all acts or omissions of any
subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this
Agreement will be permitted only with the express consent of the City. Contractor shall not
subcontract any portion of the work to be performed under this Agreement without the written
authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible
to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the sa me or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys' Fees . If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators . Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
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nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term of
this Agreement, no member, officer or employee of City, during the term of his or her service with
City, shall have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Contractor 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.
Contractor agrees to fully comply with all applicable federal and state labor laws (includi ng,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the work or services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that
the individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party. The City Manager is authorized to enter into an
amendment or otherwise take action on behalf of the City to make the following modifications to the
Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the
scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts , each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto . In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written, are
superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal
Page 10
is incorporated only for the description of the scope of services and/or the schedule of performance
and no other terms and conditions from such proposal shall apply to this Agreement unless specifically
agreed to in writing. In the event of conflict, this Agreement shall take precedence over those
contained in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
Dennis Janda Inc, a Click or tap here to enter
text.
By: Dennis Janda
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
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DENNIS JANDA, INCORPORATED
MAPPING/SURVEYING SERVICES
GIS CONSULTING
Work Order Agreement
By: Dennis W. Janda Date: June 23, 2022
Ordered by: Job: On- Call Surveying Services
For Fiscal year 22-23
Description of Work: Provide Surveying-Mapping services for the City of Lake Elsinore The
following includes all field/office personnel and/or materials-equipment.
x Investigate and respond to City Staffing about survey related issues regarding surveying,
easements, mapping, legal descriptions, and deeds and other related survey issues.
x Research existing record data including but not limited to record maps, deeds, easements,
offers of dedications, records of survey, right of ways, monument ties, and benchmarks.
x Prepare legal descriptions and plat maps for but not limited to Offers of Dedications, Notice of
Vacations, Grant Deeds and Quitclaim Deeds together with Annexations.
x Prepare digital and hardcopy reports/exhibits for various engineering projects and/or Land
Information inquiries.
x Perform Right of Way surveys.
x Perform topographic/x-sections/as built surveys along with Photogrammetric / Aerial services
for various Engineering projects.
x Perform boundary surveys.
x Perform construction staking
x Perform certification surveys
Fees Based on Current Hourly Rate Schedule See “Cost Proposal”
.
Thank you for your consideration,
CONSULTANT : CLIENT :
_____________________________________ _____________________________________
DENNIS W. JANDA, PLS
42164 REMINGTON AVENUE
TEMECULA, CA 92590
Ph: (951) 699-8874 Fax: (951) 699-8568
E-Mail: dennisj@pmcmap.com
www.djimap.com
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_____________________________________________________________________________________________________________________________________________________________________________________
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` DENNIS JANDA, INCORPORATED
MAPPING/SURVEYING SERVICES
GIS CONSULTING
Cost Proposal
Hourly Rate Schedule for City of Lake Elsinore as of June 2022 to December 2022**
Surveying / Services Fees
TITLE RATE
Principal Surveyor .............................................................................................. $ 150.00 HR
Assistant Surveyor ............................................................................................. $ 120.00 HR
One Man Survey Crew Professional Services .................................................... $ 160.00 HR
Two Man Survey Crew Professional Services .................................................... $ 225.00 HR
Construction Staking
One Man Survey Crew Prevailing wage ............................................................. $ 230.00 HR **
Two Man Survey Crew Prevailing wage ............................................................. $ 395.00 HR **
Prevailing Construction Rates
**Prevailing wage is based on current determinations from the “Director of Industrial Relations” and may
increase with the predetermined increase.
If there are any questions, please call me at (951) 699-8874 or by
Email: dennisj@pmcmap.com .
42164 REMINGTON AVE.
TEMECULA, CA 92590
Ph: (951) 699-8874 Fax: (951) 699-8568
E-Mail: dennisj@pmcmap.com
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