On-Call Land Surveying Services.pdf

Jason Christman, P.E Interim-City Engineer 201 N. Broadway, Escondido, CA 92025 Phone: 760-839-4615

NOTICE OF REQUEST FOR PROPOSALS

September 21, 2026

Re: Notice to Consultants – Request for Proposals (“RFP”) No. 27-01 – On Call Land

Surveyor Services

Notice is hereby given that the City of Escondido, a California municipal corporation ("City"), is soliciting proposals from qualified consultants to provide on-call Licensed Land Surveyor services on an as-needed basis (“Services”). Services shall include, but not limited to, field surveys, monumentation, filing of corner records, preparation, review, and certification of plats and legal descriptions, dam surveys, review and certification of subdivision and parcel maps, review of entitlement submittals, notices of correction, easement analysis, and support for boundary line adjustments, certificates of compliance, transfer deed reviews, tie-out of existing survey markers being removed by upcoming construction, and other related land surveying services.

Prospective consultants/contractors must submit one sealed proposal to City Clerk; Attention: Ani Mehra; 201 N. Broadway, Escondido, CA 92025-2798 no later than 4 PM October 13, 2026 (“Submission Deadline”). Any proposals received after the Submission Deadline will not be accepted. Sealed proposals must be clearly marked with the name of the RFP and time-stamped at the City Clerk’s Office on or before the Submission Deadline to be considered timely.

Prospective consultants/contractors assume the risk that mailed bids will be promptly delivered to City Clerk, Attention: Ani Mehra and time-stamped prior to the Submission Deadline.

A mailed proposal shall be double wrapped with an external shipping envelope that contains the separately sealed proposal documents. The shipping envelope will be opened upon receipt. The shipping envelope of a mailed proposal should be addressed as follows:

City Clerk Attn: Ani Mehra, SEALED PROPOSAL – RFP No. 27-01 - On Call Land Surveyor Services 201 N. Broadway Escondido, CA 92025-2798

All sealed proposal documents must be enclosed in a separate envelope and clearly marked, using Times New Roman size 18 font, as follows:

SEALED PROPOSAL- Attention: Ani Mehra RFP No. 27-01 - On Call Land Surveyor Services OPEN ON 4 PM October 13, 2026

The City reserves the right to reject any proposal that does not follow the exact procedures provided in this Notice.

Questions or comments concerning this RFP may be submitted via e-mail to Ani Mehra at Ani.Mehra@escondido.gov by 5 p.m. on September 29, 2026 (“Questions Deadline”). Any questions or comments regarding this RFP received after the Questions Deadline will be disregarded. Emails concerning this RFP should state the following in the subject line: “RFP No.

27-01 - On Call Land Surveyor Services- On Call Land Surveyor Services.” Any communication regarding or relating to this RFP with any City employee or official other than Ani Mehra is strictly prohibited.

Each proposal shall be in accordance with specifications, instructions, and information contained in this RFP. The City reserves the right to reject any or all proposals for any reason it deems necessary, to waive defects or irregularities in any proposal, and to accept the proposal deemed the most advantageous to the City. This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of a response to this request.

The City anticipates awarding contracts to one or more qualified firms as a result of this RFP process. The selection of multiple consultants is intended to ensure adequate coverage, expertise, and availability for various task orders. The term of this Agreement shall be for two years, from the Effective Date of the Agreement. City shall have three additional one-year options to extend the Initial Term with maximum term of five years, at its discretion.

No Guarantee of Work: The City does not guarantee a specific volume of work or total contract amount to any selected firm. Task Order Process: Specific services assigned under this on-call contract will be authorized via individual Task Orders.

Sincerely, pes mf cL; | Jason Christman, P.E.

Interim-City Engineer

City of Escondido RFP No. 27-01 – On Call Land Surveyor Services

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A. General

The consultant awarded the contract (“Consultant”) will provide the City with California Licensed Land Surveyor services on an as-needed basis using County of San Diego Map Processing Manual, the Subdivision Map Act and all California and San Diego County related Standards (“Services”). Land Surveyor services shall include, but not be limited to, field surveys, monumentation, filing of Corner Records, preparation of plats and legal descriptions, dam surveys, review and certification of subdivision and parcel maps, notices of correction, easement analysis, and support for boundary line adjustments, certificates of compliance, transfer deed reviews, and other related Land Surveying services. Within 14 calendar days of the City’s notice of award, the Consultant shall enter into a Consulting Services Agreement in substantially the same form as the City’s standard Consulting Service Agreement (“Agreement”), which is attached to this RFP as Exhibit 1 and incorporated herein by this reference.

A. Scope of Services

The Consultant shall provide professional Land Surveying services on an as-needed basis to support City’s Engineering (Utility/Real Property Land Development) activities citywide which includes, but is not limited to:

Task 1: Provide Licensed Land Surveying Oversight through the Entitlement and Project closeout process This task shall includes the review, certification, and signing of final subdivision maps and parcel maps by a Licensed Land Surveyor, including review at initial submittal and again prior to mylar preparation for final signature collection.

Review and sign Notice of Corrections to the above maps after a project is complete.

Provide technical assistance in evaluating and resolving public and private easement issues during the entitlement process; and support Planning staff with reviews related to:

Boundary Line Adjustments, Certificates of Compliance, transfer deeds, Property Title Reports, and other land development and property-related matters.

Task 2: AutoCAD Services: Building a base from field survey work This task includes completion of identified work, and creation of a base in AutoCAD 2016 for later use by the City for design purposes.

Task 3: Field Assistance Locating Property Lines This task includes research and field surveying assistance to locate property lines, right of way lines or easements to assist with property owner coordination.

Task 4: Re-establish Benchmarks and Survey Monuments This task includes field survey and re-establishment of City benchmarks, replacement of property corners, Road Center Line Well Monuments, tie-out of existing survey markers being removed by upcoming construction and filing of a corner record with the County of San Diego.

Task 5: Plat and Legal Description This task includes preparation of plat and legal descriptions for dedications of street right of way, acquisition of easements or related to real property matters.

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Task 6: Utility On-Call Services This task includes field survey and delineation of easement boundaries and providing locations of the City’s land outfall and Wastewater forcemain.

Task 7: As-Needed Land Survey Related Services City staff do not maintain Licensed Land Surveying professionals or the specialized surveying equipment necessary to perform surveys, boundary determinations, easement delineations, and preparation of legal descriptions required for regulatory compliance and real property transactions. Contracting these services provides the City with access to specialized technical expertise, professional licensure, and rapid-response capabilities needed to meet Division of Safety of Dams requirements, support engineering and utility operations, and address complex property and infrastructure-related issues on an as needed basis.

Task 8: Dam Surveys Task includes survey of Lake Dixon and Lake Wohlford Dams every other month in accordance with Division of Safety of Dams (DSOD) requirements, starting July 1, 2027, through the duration of the awarded contract. In addition, surveys are to be completed within 24 hours after a seismic event for the same period.

Task 9: Citracado Survey Marker Restoration This task includes survey work to replace all destroyed survey markers.

B. Right to Submitted Material

This RFP does not commit the City of Escondido to award a contract, to pay any costs incurred in the preparation of a proposal or contract, or to procure or contract for, any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, or to amend, cancel (in part or in whole) this RFP if it is in the City’s best interest to do so. All proposals, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.

C. Proposal Deadlines and Schedule The following is an estimated schedule relating to this RFP and is not binding on the City:

Activity Date Questions Deadline 5 PM on September 29, 2026 Response to Questions Released October 5, 2026 Proposal Submission Deadline 4 PM on October 13, 2026 Staff Review of Proposals October 23, 2026 Notification of Award of Contract November 6, 2026

Note: The City reserves the right to make modifications to the estimated schedule outlined above.

D. Proposal Content

Prospective consultants are responsible for preparing and submitting an effective, clear, and concise proposal. Proposals must be limited to 15, 8-1/2” x 11” pages, with content on both

- 5 -sides. Each proposal shall demonstrate the qualifications, competence, and capacity of the prospective consultant to perform the services described in conformity within the requirements of this RFP.

By submitting a proposal in response to this RFP, prospective consultants certify that they take no exceptions to the terms and requirements of this RFP, including the terms of the City’s form Consulting Agreement (Exhibit 1).

To be considered responsive, proposals must contain the following information in the order listed:

1. Cover Letter: A cover letter introducing the company and the individual who will act as the company’s project manager for all services requested by the City.

2. Qualifications and Experience:

a. Provide an overview of their company, including history, size, capabilities, and the professional services offered. Describe the proximity of the firm’s resources to the City of Escondido, and explain the firm’s ability to reliably and promptly meet the City’s needs upon receiving a task order.

b. Provide a list of qualifications and experience for each person who will take on a significant role of the Services; The summary shall also identify relevant licenses and certifications of key personnel who may perform work on issued task orders.

c. Provide a list of at least three different projects previously completed by the prospective consultant and/or sub-consultants that include similar types of tasks to those outlined in this RFP. Please include names and contact information (email and phone number) of references for each project listed.

d. A completed Exhibit 2 / LICENSED LAND SURVEYOR CONFIRMATION FORM shall be signed and included at the time of submission. The identified Land Surveyor shall have a current State of California license in good standing at the time of submittal and during performance of any contract work.

3. Rate Sheets shall include, but not be limited to:

a. Rate sheets shall be submitted for the prospective consultant and any sub-consultants used to complete contract work.

b. Hourly rates for all staff that will be assigned to complete contract work.

c. Daily rates for every size survey crew that will be utilized for contract work.

d. Hourly rates for office work performed by a licensed Land Surveyor.

The successful consultant proposal(s) submitted in response to this RFP may become part of the resulting Consulting Agreement(s) (Exhibit 1). The City may select one or more consultants from a list of proposals submitted in response to this RFP and enter into separate consultant agreements with each firm. Any proposed waiver, or change to the resulting Consulting Agreement (Exhibit 1) must be clearly identified in Prospective consultant’s submitted proposal. All contracts, and any addenda thereto, shall be subject to the City’s sole discretion and approval. The requirements and service standards of this RFP and the responses of the successful Consultant(s) will be incorporated by reference into the resulting agreement in substantially the same form as the Agreement (Exhibit 1). The successful Consultant(s) shall

- 6 -enter into a contract within 14 calendar days of the City’s written notice of award. Should a fully executed contract be awarded, the highest qualified firm(s), as determined by the City, will perform the work.

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E. Selection Process

Proposals will be analyzed and the award made to the most responsive and responsible bidder(s) whose proposal conforms to the solicitation and whose proposal is considered to be the most advantageous to the City. At its sole discretion, the City may establish a prequalified pool and retain multiple firms to provide the requested services. The City, at its discretion, may award contracts to one or more consultants as a result of this RFP. The following depicts the merit and weight of the factors considered in the selection process.

Criteria Percentage s Qualifications/Experience of Submitting Company 25 Qualifications/Experience of Key Personnel 25 Relevant Project Experience 20 References 15 Cost Reasonableness of Rate Schedule 15

TOTAL 100%

Final determination of the award resulting from this RFP shall be at the sole discretion of the City based on the scoring, and the City’s determination of the proposer’s ability to meet the needs of the City and provide the best value. Best value means the most advantageous offer determined by the City’s sole evaluation of all relevant criteria, including but not limited to price, performance history, and quality of goods and/or services. The City will act as the sole judge of the merit and qualifications of the materials and services offered and accept whatever proposal is deemed to be in the best interest of the City.

The City reserves the right to take any of the following actions if it determines it is in the City’s best interest to do so:

1. Reject any or all proposals;

2. Request clarification of any submitted information;

3. Waive any informalities or irregularities in any proposal;

4. Not enter into any contract;

5. Cancel this process at any time;

6. Amend this process at any time;

7. Enter into negotiations with one or more prospective consultants Subrecipients; and/or

8. Issue similar solicitations in the future; or request additional information from prospective consultants and/or their subconsultants.

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F. General Conditions

PLEASE READ CAREFULLY. THE FOLLOWING GENERAL TERMS AND CONDITIONS

ARE A PART OF ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS RFP AND THE

RESULTING CONTRACT.

This RFP as advertised, the specification requirements detailed in this RFP (including the following General Provisions), and documents on file with the City pertaining to projects included in the City’s Capital Improvement Program are subject to all provisions of the Ordinances of the City of Escondido. Each prospective consultant submitting a response to this RFP warrants that the submitted proposal is genuine and non-collusive, or made in the interest of any person, firm, or corporation. A non-collusion declaration shall be properly completed and returned with the proposal documents.

In submitting a proposal in response to this RFP, each prospective consultant agrees to the following general terms and conditions:

1. Public Information: The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal in response to this RFP indicates the prospective consultant’s acceptance of all terms and conditions contained in this RFP, including all exhibits and attachments hereto, unless clearly and specifically stated otherwise.

2. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the prospective consultant as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law.

3. Addendums: The City reserves the right to amend, alter, or revoke this RFP at any time.

Any modifications, clarification, or additions will be distributed via email as an addendum.

4. Proposal Preparation Cost: The City is not obligated to reimburse any prospective consultant for expenses incurred in preparing proposals in response to this RFP. All Prospective consultants shall bear their own costs, fees, and expenses incurred in preparing proposals in response to this RFP.

5. Withdrawal of Proposal: A prospective consultant may modify or withdraw their proposal, either personally or by written request via email, at any time prior to the Submission Deadline. Such requests should be directed to the City’s Project Manager.

6. Inaccuracies or Misinterpretations: Subject to the City’s sole discretion, the City may terminate a prospective consultant from the RFP process or terminate any agreement with the Prospective consultant if the City determines that said Prospective consultant has: (i) made a material misstatement, (ii) made a material misrepresentation, or (iii) provided materially inaccurate information.

7. Optional Items: Prospective consultants may elect to provide recommendations and pricing for optional items. Pricing for optional items shall not be included in the minimum requirements pricing.

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8. Business License: The successful consultant shall be required to obtain a City of Escondido Business License pursuant to the terms of Exhibit 1.

9. Signature: All proposals shall be signed in the name of the prospective consultant and shall bear the original signature in longhand of the persons duly authorized to sign the proposal.

Obligations assumed by such signature shall be fulfilled.

10. Right to Reject Proposal: The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items. The City is not obligated to explain or justify its selection or rejection of any Prospective consultant. All proposals submitted in response to this RFP shall immediately become property of the City.

11. Right to Conduct Personal Interviews: The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective consultants prior to selection.

12. Right to Request Additional Information: Prospective consultants shall furnish additional information as the City may reasonably require. The City reserves the right to investigate the qualifications of prospective consultants as it deems appropriate.

13. Right to Determine Financial Responsibility and Viability: The City reserves the right to request information pertaining to the financial stability of a prospective consultant to allow an appraisal of a prospective consultant’s current financial condition.

14. Understanding the Services to be Performed: By submitting a proposal in response to this

RFP, each prospective consultant certifies that they have fully read and understand this RFP and have full knowledge of the scope, nature, quantity, and quality of services to be performed. Each prospective consultant understands that, if successful, they will be required to enter into a written contract in substantially the same form as Exhibit 1.

15. Award of Contract: Proposals submitted in response to this RFP will be analyzed and the contract awarded to the responsible prospective consultant whose proposal conforms to this RFP and is considered to be the most advantageous to the City, taking into consideration the consultant team, qualifications, and experience. If the prospective consultant does not execute a contract in substantially the same form as Exhibit 1 within 14 days after notification of award, the City may, subject to its sole discretion, (i) give notice to the Prospective consultant of the City's intent to select from the remaining Prospective consultants or (ii) issue a new RFP for the services.

16. Contract Funding: The City’s funding of any agreement resulting from this RFP shall be on a fiscal year basis and is subject to annual appropriations. Prospective consultant acknowledges that the City is a municipal corporation, is precluded by the State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this RFP shall constitute an obligation of future legislative bodies of the City or State to appropriate funds for any agreement resulting from this RFP.

Accordingly, prospective consultants acknowledge and agree that the funding for any agreement resulting from this RFP shall be contingent upon appropriation of funds.

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17. City Provisions to Prevail: The terms of this RFP and the terms of any agreement resulting from this RFP shall govern the services. Any standard terms and conditions of the successful consultant shall not be acceptable to the City unless expressly agreed to by the City by separate document. The City reserves the right to reject a proposal containing unacceptable conditions as non-responsive as a condition of evaluation or award of the proposal.

18. Equal Employment Opportunity: The consultant awarded to the contract shall comply with all equal employment opportunity provisions of federal, state, and local non-discrimination laws, orders, regulations and guidelines as may be applicable to the consultant and be in effect during the performance of any agreement resulting from this RFP.

19. Consulting Agreement: Consultants submitting a proposal in response to this RFP shall be prepared to use the City’s standard contract form (Exhibit 1) rather than its own contract form. Services may not commence until Agreement for services is fully executed.

20. Prospective Consultant’s Invoices: Invoices shall be prepared and submitted to the

Engineering Services, ATTN: Ani Mehra , 201 N. Broadway, Escondido, CA 92025 or via email to ani.mehra@escondido.gov. Invoices shall be submitted on a monthly basis and contain the following information: Purchase Order number, description of services rendered, rates, quantities, extended totals, and remaining balances. Invoices should include all applicable sales or other taxes, and shall be remitted to appropriate agencies on the City’s behalf. All payments made pursuant to this contract are not assignable and shall only be made payable to the awarded consultant.

21. Payment Terms: The City’s payment terms are Net 30 days from date of invoice. No pre-payment or partial up front down payment will be made for any services or equipment. The time period allowed for payment, as indicated on the face hereof or offered by quote, bid, or proposal shall commence upon receipt of Prospective consultant’s invoice or upon receipt of the goods or services, whichever is later.

22. Insurance Requirements: The successful consultant must have insurance in accordance with the requirements listed in Exhibit 1.

23. Public Agency Clause: It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility for their order placement and payments to the successful consultant. This option shall not be considered in proposal evaluation. State whether said option is granted:

YES NO

mailto:ani.mehra@escondido.gov.

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NONCOLLUSION DECLARATION

TO BE EXECUTED BY PROSPECTIVE CONSULTANT AND SUBMITTED WITH PROPOSAL

The undersigned declares:

The foregoing proposal submitted in response to the City of Escondido’s Request for Proposals RFP No. 27-01 On Call Land Surveyor Services is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The prospective consultant has not directly or indirectly induced or solicited any other prospective consultant to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any prospective consultant or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The prospective consultant has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the prospective consultant or any other prospective consultant, or to fix any overhead, profit, or cost element of proposal price, or of that of any other prospective consultant. All statements contained in the proposal are true. The prospective consultant has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Each individual executing this declaration on behalf of a prospective consultant that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the prospective consultant.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on .

Date

Signature Signature

Title Title

Of Of

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

By: ________________________

EXHIBIT 1

Form Consulting Agreement

CITY OF ESCONDIDO

CONSULTING AGREEMENT

This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”), Between: CITY OF ESCONDIDO a California municipal corporation 201 N. Broadway Escondido, CA 92025 Attn: Jason Christman 760-839-4615

("CITY")

And: [Name] [Entity Type: e.g., “a California corporation”] [Street address] [City, state, zip code] Attn: [name of contact] [Telephone number]

("CONSULTANT").

(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”) WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide Licensed Land Surveyor services on an as-needed basis;

WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and

WHEREAS, the CITY and CONSULTANT desire to enter into this Agreement for the performance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and

CONSULTANT shall accept in full, an amount not to exceed the sum of [$Dollar Amount]. CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

3. Performance. CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B”, attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services. CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONSULTANT for any other purpose without the CITY’s prior written consent.

7. Insurance Requirements.

a. CONSULTANT shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:

(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering

Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate.

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division.

(3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

(4) Professional Liability (Errors and Omissions). Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.

(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT.

b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:

(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:

FSC VII, or as approved by the CITY.

(2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.

(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

(4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY.

(5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.

(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.

(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self-insurance.

CONSULTANT shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of self-insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.

(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.

d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification.

f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.

a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, and only to the extent such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. Further, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault.

b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9-2013- 0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement.

c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor. CONSULTANT is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and

CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

18. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

19. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

22. Prevailing Wages. If applicable, pursuant to California Labor Code section 1770 et seq., CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

23. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

24. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.

(SIGNATURE PAGE FOLLOWS)

http://www.dir.ca.gov/oprl/dprewagedetermination.htm

IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ [City Manager/Department Head/Designee Name/Title]

[CONSULTANT COMPANY NAME]

Signature

Name & Title (please print)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

M. DARE DELANO, INTERIM CITY ATTORNEY

BY: __________________________

DATE: __________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

ATTACHMENT “A”

Scope of Work

A. General

Company LLC, a Delaware limited liability company (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to the City’s On Call Land Surveyor Services.

B. Location

Consultant to provide services on an as-need basis within the Escondido City limits or lands owned by the City of Escondido.

C. Services

The Consultant shall provide professional Land surveying as needed on-call services, should a contract/contracts be awarded. This shall include, but not be limited to:

As Needed On-Call Services:

The Consultant shall provide professional Land Surveying services on an as-needed basis to support City’s engineering (Utility/Real Property Land Development) activities citywide which includes, but is not limited to:

Task 1: Provide Licensed Land Surveying Oversight through the Entitlement and Project closeout process This task shall includes the review, certification, and signing of final subdivision maps and parcel maps by a Licensed Land Surveyor, including review at initial submittal and again prior to mylar preparation for final signature collection.

Review and sign Notice of Corrections to the above maps after a project is complete.

Provide technical assistance in evaluating and resolving public and private easement issues during the entitlement process; and support Planning staff with reviews related to

Boundary Line Adjustments, Certificates of Compliance, transfer deeds, Property Title Reports and other land development and property-related matters.

Task 2: AutoCAD Services: Building a base from field survey work This task includes completion of identified work, and creation of a base in AutoCAD 2016 for later use by the City for design purposes.

Task 3: Field Assistance Locating Property Lines This task includes research and field surveying assistance to locate property lines, right of way lines or easements to assist with property owner coordination.

Task 4: Re-establish Benchmarks and Survey Monuments This task includes field survey and re-establishment of City benchmarks, replacement of property corners, Road Center Line Well Monuments, tie-out of existing survey markers being removed by upcoming construction and filing of a corner record with the County of San Diego.

Task 5: Plat and Legal Description This task includes preparation of plat and legal descriptions for dedications of street right of way, acquisition of easements or related to real property matters.

Task 6: Utility On-Call Services This task includes field survey and delineation of easement boundaries and providing locations of the City’s land outfall and Wastewater forcemain.

Task 7: As-Needed Land Survey Related Services City staff do not maintain Licensed Land Surveying professionals or the specialized surveying equipment necessary to perform surveys, boundary determinations, easement delineations, and preparation of legal descriptions required for regulatory compliance and real property transactions. Contracting these services provides the City with access to specialized technical expertise, professional licensure, and rapid-response capabilities needed to meet Division of Safety of Dams requirements, support engineering and utility operations, and address complex property and infrastructure-related issues on an as needed basis.

Task 8: Dam Surveys…