HomeMy WebLinkAboutItem No. 24 - PSA for On-call Surveying and Mapping
Page 1 of 1
REPORT TO CITY COUNCIL
To:Honorable Mayor or Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:January 10, 2023
Subject:Professional Services Agreement for On-call Surveying and Mapping
Recommendation
Approve and authorize the City Manager to execute the Professional Services Agreement with
Guida Surveying Inc. not to exceed the amount of $100,000 to provide on-call surveying and
mapping services in such final form as approved by the City Attorney.
Background
The Engineering Department of the City of Lake Elsinore has a need for an on-call surveying firm
to perform specialized tasks with regards to surveying and mapping. The need for these services
is dependent on availability of various project that may require their expertise.
Discussion
Guida Surveying Inc. will provide on-call surveying services. The services will include but are not
limited to project control, topographic mapping, right of way mapping, record of survey, and utility
mapping. Guida Surveying Inc. will have a contract amount of not-to-exceed $100,000. The length
of the contract will be 2 years, with up to additional twelve (12) month renewal terms subject to
review by the City Manager.
Fiscal Impact
Fiscal Impact from this agreement is included in the City’s adopted CIP projects.
Attachments
Attachment 1 - Professional Services Agreement
Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Guida Surveying, Inc.
ON-CALL SERVICES
This Agreement for Professional Services (On-Call) (the “Agreement”) is made and entered into as
of January 10, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”)
and Guida Surveying, Inc., a corporation (the “Consultant”).
RECITALS
A. The City has determined that it requires the following services:
On-call surveying and mapping.
B. The City has prepared a request for a proposals and Consultant has submitted to
City a proposal, dated January 3, 2023, both of which are attached hereto as Exhibit A (collectively,
the "Consultant's Proposal") and incorporated herein, to provide services and related work to the City
pursuant to the terms of this Agreement.
C. Consultant 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. Consultant shall perform the services and related work described
in Consultant's Proposal (Exhibit A). Consultant shall provide such services and related work at the
time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction
of the City through its staff that it may provide from time to time. Consultant 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 Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Consultant'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. Consultant 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 Consultant's Proposal (Exhibit
A). When requested by Consultant, extensions to the time period(s) specified may be approved in
writing by the City Manager.
Page 2
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 January 10, 2023 and ending June 30, 2024. 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 Consultant not less than thirty
(30) days before the end of the contract term, such notice to be exercised by the City Manager.
Consultant 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. Consultant 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 Consultant shall be in accordance with
the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Consultant’s compensation exceed one hundred thousand
dollars ($100,000.00) without additional written authorization from the City. Notwithstanding any
provision of Consultant’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. Consultant 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. Consultant'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
Consultant provides services. Consultant's bills shall include a brief description of the 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 Consultant 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 Consultant’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 Consultant’s
prospective or then current personnel is deemed objectionable, then the City may notify Consultant of
the same. Consultant 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 Consultant at least ten (10)
days prior written notice. Upon receipt of such notice, the Consultant 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 Consultant the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Page 3
Section, the Consultant 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 Consultant, 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 Consultant for such work, and the City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or to any other
party. Consultant shall, at Consultant's expense, 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 Consultant shall
be immediately referred to City, without any other actions by Consultant.
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 magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under this
Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing
that City is granted a nonexclusive and perpetual license for any Documents & Data the
subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant
has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data, which were prepared by design
professionals other than Consultant or provided, to Consultant 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 Consultant in connection with the performance of
this Agreement shall be held confidential by Consultant. Consultant 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 Consultant, which
is otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs
relating to project for which Consultant's services are rendered, or any publicity pertaining to the
Consultant'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. Consultant's Books and Records.
a. Consultant 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 Consultant to this
Agreement.
b. Consultant 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
Page 4
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 during 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 Consultant'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 Consultant'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 Consultant, Consultant's representatives,
or Consultant's successor-in-interest.
9. Independent Consultant.
a. Consultant is and shall at all times remain as to the City a wholly independent
Consultant pursuant to California Labor Code Section 3353. The personnel performing the services
under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set
forth in this Agreement. Consultant 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.
Consultant shall not incur or have the power to incur any debt, obligation, 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, Consultant 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 Consultant or any employee, agent,
or subcontractor of Consultant 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, Consultant shall indemnify, defend,
and hold harmless City for the payment of any employee and/or employer contributions for PERS
benefits on behalf of Consultant 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 Consultant. Consultant (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 Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Page 5
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent 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 Consultant. City has relied upon the training and ability of Consultant to
perform the services hereunder as a material inducement to enter into this Agreement. Consultant
shall therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Consultant under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
Consultants in Consultant's field of expertise.
13. Compliance with Laws.
a. Consultant 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 Consultant and/or its employees, officers, or board members.
b. Consultant 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. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature, which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
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 Consultant
to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity. Consultant 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
Consultant 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 Consultant 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 Consultant 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
Consultant 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 Consultant 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, Consultant acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
Page 6
16. Insurance Requirements .
a. Insurance. Consultant, at Consultant'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. Consultant 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, Consultant 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 subcontractor'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 Consultant for City. In the event that Consultant 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, Consultant 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. Consultant 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.
iii. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Consultant
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 Consultants, 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 insurance as respects the City,
Page 7
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, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant 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.
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 communicated 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 Consultant: Guida Surveying, Inc.
Attn: Bernie McInally
380 State Place
Escondido, CA 92029
Page 8
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 Consultant.
Consultant 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 Consultant under this Agreement will be
permitted only with the express consent of the City. Consultant 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, Consultant 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 same 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. Consultant maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Agreement, no 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. Consultant 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. 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. Consultant
agrees to fully comply with all applicable federal and state labor laws (including, 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, Consultant shall bear all risks of payment or non-
Page 9
payment of prevailing wages under California law, and Consultant 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. Consultant 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. Consultant’s Proposal
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 Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant 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
“CONSULTANT”
Guida Surveying Inc., a Corporation
Page 10
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Bernie McInally
Its: Executive Vice President
Attachments: Exhibit A – Consultant’s Proposal
EXHIBIT A
EXHIBIT A
CONSULTANT'S PROPOSAL
[ATTACHED]
ORANGE COUNTY OFFICE | 220 Commerce, Suite 150, Irvine, CA 92602
OFFICE (949) 777-2000
WWW.GUIDAINC.COM
January 3rd, 2023
Remon Habib
City of Lake Elsinore
City Engineer
130 South Main St.
Lake Elsinore, CA 92530
Subject: Letter of Commitment to the City of Lake Elsinore for On-Call Surveying Services
Dear Mr. Habib,
Guida Surveying Inc. would be pleased to provide on-call survey services to the City of Lake Elsinore. We agree to fully commit our resources,
as needed, to successfully complete our tasks in a timely and efficient manner.
We look forward to working with City of Lake Elsinore on this opportunity. If you have any questions, please contact the undersigned.
Sincerely,
Bernie McInally
Principal, Executive Vice President
949.777.2041
bmcinally@guidainc.com
SOUTHERN CALIFORNIA LOCATIONS
LOS ANGELES 444 W Ocean Blvd, Suite 800, Long Beach, CA 90802| ORANGE COUNTY 9241 Irvine Blvd, Suite 100, Irvine, CA 92618
INLAND EMPIRE 3536 Concours, Suite 201, Ontario, CA 92408 | SAN DIEGO 380 State Place, Escondido, CA 92029
WWW.GUIDAINC.COM
GUIDA 2022 Southern California Standard Rates (RG 20220518).docx
CITY OF LAKE ELSINORE | SURVEY AND MAPPING RATE SHEET
Rates effective on the execution date of the contract
HOURLY RATES
LABOR DESCRIPTION HOURLY RATE
Principal $260.00
Senior Project Manager $235.00
Project Manager $210.00
Senior Project Surveyor $195.00
Project Surveyor $185.00
Senior Survey Analyst $165.00
Survey Analyst $145.00
Survey Technician $125.00
Project Coordinator $125.00
Survey Intern $85.00
Field Survey Rates by Prevailing Wage Classification*
1-Person Survey Crew $205.00
2-Person Survey Crew $330.00
3-Person Survey Crew $465.00
*1-, 2- and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated survey
tools, safety equipment, etc.
MINIMUM HOURLY CHARGE (PREVAILING WAGE ONLY)
Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be billed on an
hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements.
ESCALATION
Rates will escalate annually on the anniversary of the contract's execution.
OVERT IME
Straight time will be billed for all work performed on-site up to 8 hours each day, Monday through Friday. Overtime will begin after 8 hours,
Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays. The overtime/double labor
rates will include:
Overtime (on-site over 8 hours Mon-Fri and Sat) 1.5 times the hourly base rate
Sundays and Holidays 2.0 times the hourly base rate
Nighttime Non-Overtime 1.5 times the hourly base rate
OTHER DIRECT COSTS
1. Reimbursable costs including but not limited to delivery or messenger fees, reproduction costs, agency fees, permits, title
company fees, etc., shall be billed at cost plus 15% markup.
2. Mileage will be billed at the approved IRS rate.
3. Subconsultant fees shall be billed at cost plus 15% markup
4. Costs related to specialty survey requirements, (i.e., traffic control, specialty y equipment, etc.) will be billed at cost plus 15%
markup.
5.Expenses for any special equipment and/or requests shall be at the approval of the client.
GUIDA SURVEYING, INC. | SAN DIEGO COUNTY OFFICE
380 STATE PLACE, ESCONDIDO, CA 92029
WWW.GUIDAINC.COM
PROPOSAL
City of Lake Elsinore, CA
Topographic Mapping for City Hall Project
TASK 1 PROPOSAL
03LTR22 -063 PRO REV01.DOCX 2
BAY AREA | 4695 CHABOT DRIVE, SUITE 115, PLEASANTON, CA 94588
OFFICE (925)398-0805 | TOLL FREE 855-90GUIDA
WWW. GUI DA IN C .COM
December 20, 2022 03LTR22-063
Yu Tagai, PE
Senior Civil Engineer
City of Lake Elsinore
ytagai@Lake-Elsinore.com
PROPOSAL FOR: Topographic Mapping for City of Lake Elsinore City Hall Project
Dear Yu,
Guida Surveying, Inc. (Guida) appreciates the opportunity to submit our proposal for the project referenced above. We
have carefully and thoughtfully reviewed your request and have developed the following Scope of Work (Exhibit A) and
Schedule and Fee (Exhibit B).
Founded in 1988 and incorporated in 1995, Guida has solely provided land surveying and mapping services to teaming
partners throughout California. We take great pride in employing professional land surveyors who are flexible, innovative,
easy to work with, and dedicated to ensuring every relationship we develop with our clients starts with a foundation of
trust and quality work. Our team brings a depth of expertise managing and serving on hundreds of local projects. This
experience has led to the development and implementation of a proven project management process that helps to
expedite work and allow a timely completion on budget. When it comes to surveying methods, Guida utilizes a blend of
traditional methodologies with new and innovative technologies for the creation and delivery of the best and most
accurate work products possible. We are constantly looking for new ways to utilize new equipment and software to help
solve complex survey challenges. It is our goal to make your life easier by providing well-managed and well-delivered
projects.
Guida is a certified Small Business Enterprise (Department of General Services) as well as certified Woman Owned
Business Enterprise (California Public Utilities Commission). The firm is registered with the Department of Industrial
Relations under DIR #1000006862 and is signatory to a collective bargaining agreement with the International Union of
Operating Engineers, Local 12 and Local 3.
The following Guida proposal was prepared under the supervision of a professional licensed land surveyor and will be valid
120 days from the date noted on this cover letter. All communication associated with this proposal will be coordinated by
the undersigned. Thank you very much for your time and we look forward to hearing from you soon.
PREPARED BY:
Justin Height, PLS
Project Manager
T | 949-777-2063
E | jheight@guidainc.com REVIEWED BY:
Tim Fettig, PLS
VP So Cal Operations
03LTR22 -063 PRO REV01.DOCX 3
BAY AREA | 4695 CHABOT DRIVE, SUITE 115, PLEASANTON, CA 94588
OFFICE (925)398-0805 | TOLL FREE 855-90GUIDA
WWW. GUI DA IN C .COM
PROJECT UNDERSTANDING
This proposal is based on your emails dated December 12, 2022 and the attached “Survey Limits” PDF, hereby incorporated by
reference. It is our understanding that the City of Lake Elsinore is designing a City Hall building and will require additional
topographic mapping, including surface utility features, along the alley just easterly of Main Street between Peck Street and
Limited Street.
You have also requested that we map the right of way of the alley and crossing streets. A preliminary review of San Diego County
records shows a moderate level of recent surveying activity, including portions of this project area. It is possible that during the
performance of our survey we will fine one or more circumstances that will trigger the requirement to file a Record of Survey with
the County Surveyor to be in compliance with the provisions of the Professional Land Surveyors Act of California. We have
included an optional scope and fee for preparation of an RS map should the need arise.
PROJECT LIMITS
Topographic and utility mapping will include the street and alley areas shown on the “Survey Limits” PDF, copy attached.
SCOPE OF WORK
Project Survey Control
· Establish project control for topographic and right of way surveying purposes and for future use during the construction
phase. It is our understanding that previous topographic mapping has been prepared and we can relate ourr survey control
to previous mapping datum if requested by the City, assuming the City can clearly identify the horizontal and vertical
datums and existing benchmarks or control points.
· If there is no preference for a previous datum, we will relate our mapping to CCCS83 Zone 6 by ties to Continuous GPS
stations and to NAVD88 by ties to the nearest City benchmark.
· Prepare notes for title sheet.
Topographic Mapping
· Perform field survey for topographic mapping purposes according to the requested items on the “Survey Limits” PDF.
· Download and process field data. Prepare topographic mapping and DTM surface as an AutoCAD/C3D drawing file.
· Prepare title sheet with notes, including project control and right of way notes.
Right of Way Mapping
· Research record maps that are available on the Riverside County My Survey Research website.
· Perform field survey to recover survey monuments for street and alley right of way mapping purposes.
· We will include the lot lines of abutting lots/parcels based on record information and assessor maps only. Our survey does
not include surveys of lot/parcel lines. The lots/parcels will be labeled with owner name, street address and assessor parcel
number as disclosed by publicly available records.
EXHIBIT A
SCOPE OF WORK
03LTR22 -063 PRO REV01.DOCX 4
BAY AREA | 4695 CHABOT DRIVE, SUITE 115, PLEASANTON, CA 94588
OFFICE (925)398-0805 | TOLL FREE 855-90GUIDA
WWW. GUI DA IN C .COM
· Download and process field data. Prepare right of way mapping as an AutoCAD/C3D drawing file.
· Prepare notes for title sheet.
Record of Survey (Optional)
· Prepare Record of Survey map and supporting documents and calculations as required by the Riverside County Surveyor’s
office.
· Respond to County Surveyor map review comments.
Utility Mapping
· Obtain utility map and atlas information from the local providers, including gas, water, storm, sewer, cable, telephone,
electric, and communications. Compute approximate alignments of subsurface utilities from record maps and atlases.
· Our field survey for topographic mapping will include visible surface utility features within the mapping limits, such as
meters, valves, backflow devices, manholes, inlets, drains, hydrants, poles and overhead wires, light poles, traffic control
devices, markers and paddles, etc. Storm and sewer manholes will be opened, dipped for invert elevations, and pipe sizes
and directions noted if visible, unless the manhole or inlet is locked closed or if doing so would be a potential threat to the
safety of our field personnel.
· Download and process data and create utility mapping as an AutoCAD drawing. Subsurface alignments will be oriented and
adjusted to the surveyed locations of surface features where possible. Subsurface locations will be approximate and are
based on best available evidence.
Utility Detection & Marking (Optional)
· We will engage the services of a utility locating subconsultant to detect and mark subsurface utilities in the mapping area
prior to beginning of field surveying tasks.
· Include paint marks left by subconsultant in our field survey.
Potholing (Optional)
· We will engage the services of a utility locating subconsultant to perform up to maximin of five (5) potholes. The
subconsultant has included permitting and traffic control in their scope for this task.
· Perform field survey of pothole markers left by subconsultant.
ASSUMPTIONS & RESPONSIBILITIES
The following assumptions have been made:
· There is no requirement for an Encroachment Permit to perform the field survey work and the utility detection and
marking work.
· The City will notify the landowners and/or tenants of our work and arrange for access as needed.
· The City will provide Record of Survey filing and recording fees when requested. Guida can also pay the fees and invoice as
reimbursable expense with a 5% markup.
· The City will decide on the Utility Detection & Marking Option prior to the start of field surveying so that the Guida crew
can include the paint marks in our survey.
· The City will determine the location of up to 5 potholes and provide direction. We assume that all potholes can be
performed in one mobilization.
EXCLUSIONS
All services not specifically described, including the following items, are excluded from our scope of work:
· Construction surveying.
· Other title research, title reports.
· Individual lot/parcel line surveys.
03LTR22 -063 PRO REV01.DOCX 5
BAY AREA | 4695 CHABOT DRIVE, SUITE 115, PLEASANTON, CA 94588
OFFICE (925)398-0805 | TOLL FREE 855-90GUIDA
WWW. GUI DA IN C .COM
· Traffic control plans, permits, and services if required to safely complete survey work and utility detection & marking
work in city streets.
· Government agency fees, filing fees, recording fees.
· Excessive or unreasonable map review comments. Our budget includes three submittals of any one document, map, or
file: two drafts and a final.
DELIVERABLES
Project Survey Control
· Documentation of control with notes and diagrams to be added on the title sheet of the topographic mapping drawing
file.
Topographic Mapping
· AutoCAD/C3D drawing file with topographic features, DTM surface, and title sheet with notes.
· Survey points file, CSV format.
Right of Way Mapping
· AutoCAD drawing file with resolved street and alley right of ways. Linework and labels only, no dimensioning.
· Documentation of right of way surveys with notes to be added on the title sheet of the topographic mapping drawing
file.
Record of Survey (Optional)
· Draft of RS Map, PDF format.
· Recorded RS Map, PDF format.
Utility Mapping
· AutoCAD drawing file with subsurface utility linework and labels only, no dimensioning.
· Documentation of utility mapping notes to be added on the title sheet of the topographic mapping drawing file.
Utility Detection & Marking (Optional)
· Paint marks on site.
· Reports from utility subconsultant, if any.
Potholing (Optional)
· Pothole reports from utility subconsultant.
· Pothole survey points file, CSV format.
03LTR22 -063 PRO REV01.DOCX 6
BAY AREA | 4695 CHABOT DRIVE, SUITE 115, PLEASANTON, CA 94588
OFFICE (925)398-0805 | TOLL FREE 855-90GUIDA
WWW. GUI DA IN C .COM
SCHEDULE
To be determined between Guida Surveying, Inc. and the City of Lake Elsinore by mutual agreement.
FEE
Our proposed services will be performed on a lump-sum basis and will be billed monthly as a percentage of completion. Based on
our understanding of the requirements and our experience with similar projects, we will require the following lump sum fees:
Project Control, Topographic Mapping, Right of Way Mapping $19,500
Record of Survey (Optional) $5,700
Utility Mapping $3,700
Utility Detection & Marking (Optional) $10,700
Potholing (Optional) $10,400
We have determined the cost of our services based on our understanding of the project and the scope and complexity. If
circumstances change from what we know based on the information provided, or if the assumptions and responsibilities we have
stated in this proposal change, we will re-evaluate the fee. We will keep you informed of our progress and will request your
authorization for services that exceed the fee limits.
EXHIBIT B
SCHEDULE AND FEE
LIMITS OF SURVEY
CITY HALL
At minimum:
- All surface utilities (poles,
cabinets, transformers, etc.)
- Centerline elevations for
alleys, Prospect, Graham, Peck
- Overhead utilities and power
lines that service homes coming
off the poles along the alley
way.
- Right-of-way lines along
corridor
- Permanent structures (i.e.
walls, buildings)
- Curbs