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Nolte Associates Inc-2004-19 pCCE0WE Agreement between Client and Nolte OCT - 6 2004 (Survey Services) NOLTE ASSOCIATES, INC. CORONA, CA This Agreement is entered into at Corona,California,made this 4th day of October 2004,by and between: Client: Consultant: Name: City of Grand Terrace Name: Nolte Associates,Inc. Address: 22795 Barton Road Address: 255 East Rincon Street, Suite 110 Grand Terrace,CA 92313 Corona,CA 92879 Phone: 909-776-0246 Phone: 951-739-5700 FAX: 909-783-7629 FAX: 951-739-4777 Client And Consultant Agree As Follows: Client intends to retain Nolte Associates,Inc:to perform survey services on the property located at APN 275- 251-04 in the City of Grand Terrace,CA hereinafter called"Project". A. Consultant agrees to perform the following scope of services: Provide survey services as described in the attached Scope of Services(Exhibit A). B. Client agrees to compensate consultant for such services as follows: FDCED FEE OF$3,900.00. C. This Agreement is subject to provisions 1 through 9 contained herein,and the terms and conditions contained in exhibits attached herewith and made a part hereof. (List exhibits below.) 1. EXHIBIT A: SCOPE OF SERVICES Terms and Conditions Client and Consultant agree that the following provisions shall be part of their agreement: I. Standard of Care. Consultant shall perform its services, in accordance with the agreed-upon scope and schedule, using that degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar circumstances. Consultant makes no warranty or guarantee,expressed or implied,and all implied warranties are expressly excluded. Consultant rejects those terms and conditions offered by Client in its purchase order, requisition, or notice of authorization to proceed which are not set forth herein and expressly accepted by Consultant in writing. 2. Billings and Payment. All fees and other charges will be billed monthly and shall be due net thirty (30) days unless otherwise specified in this agreement. Client shall review the invoice and notify Consultant within ten(10)days of Client's receipt of invoice if Client disputes,in good faith,any portion of the invoice. Client shall pay the undisputed portion of the invoice without delay. Amounts more than thirty(30) days past due shall be subject to a late charge of one and one-half percent (1 1/2%) per month., or the maximum allowable by law, whichever is greater. Client is hereby notified that documents or materials produced under this Agreement will not be released to agencies or Client unless Client's account is current. 3. Ownership of Instruments of Service. All reports, plans, specifications, field data.and notes and other documents, including all documents on electronic media,prepared by Consultant as instruments of service under this Agreement shall remain the property of Consultant. 4 ALTA Surveyor' Certificate and Survey Requirements. If the scope of services to be provided by Consultant to the terms of this agreement include an ALTA survey, unless otherwise negotiated, Consultant will sign the ALTA/ACSM Survey Certification and will perform negotiated items from"Table A"of the Minimum Standard Detail Requirements and Classifications for ALTA/ACSM Land Title Surveys as adopted by American Land Title Association and American Congress on Surveying and Mapping. These are attached hereto and incorporated herein by reference. 5. Suspension of Services. Consultant shall be entitled to immediately,and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen(15)days of its filing.Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fullyvand properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with the final order or judgment issued by the Bankruptcy Court. 6. Changes in Governmental Requirements. Consultant's scope and fee under this contract are based on governmental ordinances, policies, procedures or requirements in effect as of the date of this Agreement. Any changes in ordinances, policies,procedures or requirements enacted after the date of this agreement,may require additional services which shall be paid for by Client as extra services. 7. Restaking. In the event that any staking or record monuments are destroyed, damaged or disturbed by an act of God or parties other than Consultant,the cost of restaking shall be paid for by Client as extra services. 8. Force Majure. Consultant is not responsible for delay caused by activities or factors beyond Consultant's reasonable control,including but not limited to,delays by reason of strikes,lockouts,work slowdowns or stoppages,accidents,acts of God, failure of Client to furnish timely information or approve or disapprove of Consultant's services or work product promptly, faulty performance by Client or other contractors or governmental agencies. When such delays beyond Consultant's reasonable control occur, Client agrees Consultant is not responsible in damages nor shall Consultant be deemed to be in default of this agreement. 9. Limitation of Liability. In recognition of the relative risks and benefits of the project to both the Client and Consultant,the risks have been allocated such that the Client agrees to limit the liability of Consultant to the Client and to all construction contractors and subcontractors on the project for any and all claims,losses,costs,damages or any nature or claims expenses from any cause so that the total aggregate liability of the Consultant shall not exceed $50,000.00, or three times the Consultant's fee for services rendered on this project, whichever is greater. Such claims and causes include, but are not limited to negligence,professional errors or omissions,or breach of contract. INITIALS. CLIENT CONSULTAN 10. Hazardous Materials. Client acknowledges that Consultant's scope of services for t 's p o ect oes not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consul or n ther party encounter such materials on the job site,or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, terminate work on the project until such time as Client retains a specialist contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job site is free from any hazard'which may result from the existence of such materials 11. Dispute Resolution. (a) Client and Consultant agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation or other form of Alternative Dispute Resolution as agreed to by the parties. (b) Subdivision(a)does not preclude or limit Consultant's right to elect to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court. (c) Subdivision (a) does not preclude or limit Consultant's right to elect to perfect or enforce applicable mechanics lien remedies. 12. Termination. Either party may terminate this Agreement at any time with or without cause upon giving the other party three(3)days prior written notice: Client shall within fifteen(15)days of termination pay Consultant up to and including the date of termination,in accordance with the compensation provisions of this Agreement. 13. Attorney's Fees. Should it become necessary to take legal action to enforce the terms of the Agreement, the prevailing party shall be entitled to reasonable attorneys'fees and costs,in addition to any other relief to which he may be entitled. 14. Entire Agreement. This agreement contains the entire agreement between Client and Consultant relating to the project and the provision of services to the project.Any prior agreements,promises,negotiations or representations not expressly set forth in this agreement are of no force or effect. Subsequent modifications to this agreement shall be in writing and signed by both Client,and Consultant. 15. Waiver. Waiver of any term,condition,or covenant,or breach of any term,condition,or covenant,shall not constitute the waiver of any other term condition,or covenant,or the breach of any other term,condition,or covenant. 16. Severability. If any term,condition,or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable,the remaining provisions of this agreement shall be valid and binding on Client and Consultant. 17. Choice of Law. This agreement shall be governed by and construed in accordance with the laws of the State of California. In the event either party institutes litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in the county where Consultant's office is located. IN WITNESS WHEREOF,the parties hereby execute this agreement upon the terms and conditions stated above. CLIENT: CITY OF GRAND TERRACE CONSULTANT: NOLTE ASSOCIATES,INC. By ID By (Signature) (Date Signed) Cigna (Date Signed) Name 4/e A. ;9 �e *�'eyi 4-- (Print) (Print) Title Title License Number J, SCOPE OF SERVICES CITY OF GRAND TERRACE BOUNDARY SURVEY AND FIELD TOPOGRAPHIC SURVEY CANAL STREET (APN 275-251-04) TASK 1 RESEARCH AND INVESTIGATION Nolte Associates shall perform research and investigation of existing record data at the County of San Bernardino and City of Grand Terrace. Included in this task are horizontal control calculations to prepare a base map of existing property boundaries based upon previously recorded data and a preliminary title report. This task is intended to delineate the existing property boundaries as defined by recorded maps and legal constraints to the project site based on a preliminary title report and other documents of record. Easement locations shown on said maps will be determined and plotted. The City of Grand Terrace will provide Nolte Associates with a preliminary title report and all supporting documents referenced in said report. TASK 2 FIELD TOPOGRAPHIC SURVEY Nolte Associates shall provide field topographic mapping for the project site.The topographic mapping will include all visible site improvement plammetrics and spot elevations. The topography will be plotted at a scale of 1"=20' with P contour intervals and will consist of topographic locations of existing curb and gutter, cross gutters,headwalls,retaining walls, perimeter walls, existing sewer and storm drain manhole inlets,catch basins and cleanouts,water valves, fire hydrants,buildings,natural drainage courses and above ground utilities and appurtenances. All field topography shall be electronically field data collected and detailed on a hardcopy back up and field notes. Unless otherwise directed,the basis of horizontal control shall be North American Datum of 1983 and vertical control shall be the North America Vertical Datum of 1988. This survey is not intended to provide any locations for underground utilities with the exception of visible above ground features. Potholing or the location of underground utilities by methods of either excavation or other means, is specifically excluded from this scope of work. TASK 3 BOUNDARY SURVEY Nolte Associates shall perform a field survey and boundary analysis to determine the exterior boundary of the project site. This task assumes that sufficient monumentation will be locatable in order for the survey to be completed. If additional surveys are required to complete the survey due to a lack of viable existing monumentation, excessive overgrowth of trees or vegetation or any other mitigating' factor that would preclude the survey to be completed, Client and Nolte Associates shall review the status of the survey to determine the need for an increase in the fee and whether an additional fee authorization to complete the survey is appropriate. NOTICE Record of Survey and Corner Record If in the course of performing the field boundary survey, any material discrepancies in the survey are discovered or monuments are set for property corners that have not been previously mapped or monumented, the client is hereby notified that pursuant to Section 8762 of the Business and Professions Code (Land Surveyor's Act), State of California, a Record of Survey is required to be filed with the County Surveyor's Office and recorded. Also, If, at the request of the Client, monuments are placed at property corners where monuments once occupied a property corner shown on a recorded map,pursuant to Section 8773 (c) of the Business and Professions Code(Land Surveyor's Act), State of California, a Corner Record will be filed with the County Surveyor's Office. Preparation, processing and recordation of a Record of Survey and/or a Corner Record, is specifically excluded from this Scope of Services. The Client shall furnish the following: 1. An up-to-date title report, and all substantiating information, including applicable deeds and easement documents. 2. An entry permit,if required,to perform the field survey work. EXCLUSIONS The following items are not included in this Agreement, but can be performed under the terms of the Extra Work Contingency shown elsewhere in this Agreement: 1. Subdivision mapping 2. Preparation,processing or recordation of a Record of Survey or Corner Record. 3. Calculations for earthwork quantities or takeoffs. 4.Design services 5.Any other work task not specially set forth in the above Scope of Services. r COMPENSATION CITY OF GRAND TERRACE BOUNDARY SURVEY AND FIELD TOPOGRAPHIC SURVEY CANAL STREET (APN 275-251-04) Description Fee($) SURVEYING&MAPPING Task 1 Research and Investigation (FF) $ 600 Task 2 Field Topographic Survey (FF) $1,800 Task 3 Boundary Survey (FF) $1,500 Total $3,900 Our professional fees above are noted above as Time and Materials (T&M),Fixed Fee (FF) or Budget. Fixed Fee work will be invoiced as a percent complete estimate for each line item each invoice period. Time and Materials work will be invoiced each period in accordance with the 2004 Charge Rates Schedule or updated Charge Rate Schedule. Changes in or additional scope will be addressed as additional work and agreed to between Client and Consultant prior to performance of said work.