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                                        County of Santa Cruz
                                                   DEPARTMENT OF PUBLIC WORKS
                                            701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060-4070
                                              (831) 454-2160 FAX (831) 454-2385 TOO (831) 454-2123

    JOHN J. PRES LEIGH
DIRECTOR OF PUBLIC WORKS
                                                                  AGENDA: APRIL 12, 2011

                                                                 March 30,2011

       SANTA CRUZ COUNTY BOARD OF SUPERVISORS
       701 Ocean Street
       Santa Cruz, California 95060

       SUBJECT: ON-CALL LAND SURVEYING CONSULTANT SERVICES FOR THE
                 SURVEY MONUMENTATION PRESERV A nON FUND

       Members of the Board:

                     On December 14,2010, your Board authorized Public Works to solicit proposals for
       land sureying services to perform work for the Survey.Monumentation Preservation Fund. As
       stated in Section 27584 of  the Governent Code, the purpose of     the Fund is "to pay the necessary
       expenses incurred or authorized by the county surveyor in any retracement or remonument survey
       of major historical land division lines upon which later surveys are based, such as, but not limited
       to, government section lines, rancho lines, grant lines, rancho section lines, acreage subdivision lot
       lines, and subdivision boundary lines within such county." This surey monumentation work is
       periodically necessary to reestablish monuments that may have been lost, destroyed, or have
       shifted in location due to construction related work or other activities.

                          A total of ten proposals were submitted, and five consultant teams were invited for
       interviews on March 18, 2011. Mid Coast Engineers, Inc., Ifand Survey, and Robert L. DeWitt &
       Associates, Inc., have been selected as the top three land surveying consultants to be recommended
       to provide these services. At least three firms are required due to the amount of work anticipated
       and the variety of specialized equipment, experience, and knowledge necessary to perform the
       specific tasks.


                       These three firms have demonstrated a wide breadth of experience and a thorough
       understanding of  the effort necessary to successfully complete land surveying projects, including
       retracement surveys for ranchos, township lines, old subdivisions, and road rights-of-way, as well
       as the use of highly technical surveying devices, including global positioning systems and the State
       Plane Coordinate System.

                      Attached for your Board's review and consideration are independent contractor
       agreements in the amount of $50,000 per consultant per year for a term of up to four years to
       provide land surveying services for Survey Monumentation Preservation Fund projects. Sufficient
       funds are available in the Survey Monumentation Preservation Fund Budget.



                                                                                                               41
     SANTA CRUZ COUNTY BOARD OF SUPERVISORS                                                       0158
     Page -2-




                       It is therefore recommended that the Board of Supervisors take the following
     actions:

                         1. Approve the attached independent contractor agreements with Mid Coast
                             Engineers, Inc., Ifand Survey, and Robert L. DeWitt & Associates each in the
                             not-to-exceed amount of $50,000 per fiscal year to provide land surveying
                             services for Survey Monumentation Preservation Fund projects.

                        2. Authorize the Director of Public Works to sign the agreements on behalf of the
                             County.

                                                              Yours truly,



                                                              ~~ç-~
                                                              ~~. :~ublic Works

     JJP:GRJ:mg

     Attachments

             MMENDED FOR APPROVAL:



     County Administrative Officer

     Copy to:          Mid Coast Engineers, Inc.
                       Ifand Survey
                       Robert L. De Witt & Associates, Inc.
                       General Services
                       Public Works




     on-call service m.doc




41
                                                                                                                      ,~1 59


                                            COUNT OF SAA CRUZ
                                     REQUES FOR APPROVAL OF AGREEMENT

TO: bid of Su .ii
        c: Aåtnl5 om
        Ault Coll
AGREEMENlYE (Ch On)
                                             ~:ß~-(~~)
                                             FR: PUBLIC WO~S ¡(DlIlM)
                                                       ~~ Re                                           'Oem   0
Th Bord ofSU~ Is he reue to ape th att agret and aut th ex of sa
1. said agt is be th COUNTY OF SANTA CRUZ
      MID COAST ENGINEERS, INC.
                                                                                                                (DeAg)
  an 70 Penny Lane, í'1atsonville, CA 95076                                                                           (NaAi)
2. 'T ¡at wil pre LA SURVEYING SERVICES


3. Pe of th agt Is fr BOARD APPROVAL                                      to JUNE 30, 2015

4. Anipte Cot Is $ 50,000.00 PER YEAR                             o Axed 0 Monthly Ra o                 Arnual Ra ~ Not to Ex
  R~: CONTRACT: $50,000.00; OVERHEAD: $4,250; TOTAL: $54,250.00
5. Deil: 0 On Cotiuin Agiets Us fo FY _. _ . Page CC- _ Contrac No: Cí'JO 3 64 9 OR 0 1- Tme Agreement
   o sen n No Bord ie rere, WILL be lis un Ite 8
   o seon m .Bo le reir
   o se IV Rev Ag
6. Approiations/Revnues are available and are budgeted iii 621901! 19114! 3665! (Index) 3590                               (Sub obj&.t)

                      NOT: IF APPROPRTIONS ARE INSUFFOEtr, AlTACHED COMPLETD AUD-74 OR AIlD-GO




              are   not ~
Apprprlations@ avilable and ~ encbered.
                                                                  Contrac No: CvJ03649

                                                                  By: Ch~
                                                                      Auitor-Contrller Deputy
                                                                                                              Date: :, 13D\?O \\

Prl and acconting detil reewed and ap. It is recmended that the Board of Suprviso apprve the agreement an aurie

 DIRECTOR OF PUBLIC WORKS                            (Det/Agenc Head) to execute on belf of th

 COUNTY OF SANTA CRUZ

Date:
  GRJ:lh
         '-/~ / \\                                              By:~A~
                                                                 :~ :ft
                                                                                                                    (Department! Agen)




 Dlsbu :
         Board of Supervrs - White      State of califoia
         Audit Coll - canary            Count of Santa Cr
         Audit-ctrle - Pink             I ex-offio CJerl; ot th Bord of Supeisrs of th County of Santa Cr,
         Deent - Gold                   State of califoia. do hereby certify tht th foeging reuest for appral of agen was ap-


         ADM - 29 (8/01)
                                        pred by said Bord of SupervSOrs as recmmende by the Conty Adinistrtive Ofe by an
                                        or duly entere in th minutes of said Board on 20                                          -
         11 1, se 30 Pr Ma              By: Deput CJe



 CO $
 AUDrT-CONTOlLER USE ONLY


    Do No. JE Am                                 Une              H(T                     Keed By
                                                                                                                    õã
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         Au Delp                                  Amt                     Inde                  Sub   obje     Us   Co
                                                                                                0160



                                      Contract No. CW03649

                        INEPENDENT CONTRACTOR AGREEMENT
                                       (Design Professional)

        This Contract is entered into this 12th day of APRI, 2011, by and between the
 COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and MID COAST ENGINEERS,
 INC., hereinafter called CONTRACTOR. The paries agree as follows:

        1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish the
 following results: TO PROVIDE LAND SURVEYING SERVICES AS DESCRIBED IN
 EXHIBIT A, SCOPE OF SERVICES for the County of Santa Cruz Deparment of Public Works.

        2. COMPENSATION. In consideration for CONTRACTOR accomplishing said
 result, COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed NOT TO
 EXCEED $50,00 PER FISCAL YEAR IN A MANNER DESCRIBED IN THE SCOPE OF
 SERVICES, processed for payment in full after project completion, receipt of invoice, and
 approval of project maager, and based upon the attached rate sheet (subject to annual increase
 per project manager's approval).

        3. TERM.               The term of this Contract shall be: BOAR APPROV AL through
 JUE 30, 2015.

        4. EARLY TERMINATION. Either pary hereto may terminate this Contract at
 any time by giving thiry (30) days written notice to the other pary.

        5. INDEMNIFCATION FOR DAMAGES. TAXS AN CONTRIBUTIONS.
 CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the
 purose of Section 5 and 6 of this document shall include, without limitation, its offcers, agents,
 employees and volunteers) from and against:

          A. Any and all claims, demands, losses, damages, defense costs, other legal costs, or
 liability of any kind or nature which COUNTY may sustain or incur or which may be imposed
 upon it at any time for injury to or death of persons, or damage to property which arise out of,
 pertain to, or relate to CONTRACTOR'S negligence, recklessness, or wilful misconduct under
 the terms of this Agreement. Such indemnification includes any damage to the person(s), or
 property(ies) of CONTRACTOR and third persons.

        B. Any and all FederaL, State and Local taxes, charges, fees, or contributions
 required to be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employees
 and agents engaged in the performace of this Contract (including, without limitation,
 unemployment insurance, social security and payroll tax withholding).

        6. INSURACE. CONTRACTOR, at its sole cost and expense, for the full term of
 this Contract (and any extensions thereof), shall obtai and maintai, at miimum, compliance
 with all of the following insurance coverage(s) and requirements. Such insurance coverage shall
 be primary coverage as respects COUNTY and any insurance or self-insurance maintained by


 REVISED 9/10                                     1




41
                                                                                                0161

COUNTY shall be considered in excess of CONTRACTOR'S insurance coverage and shall not
contrbute to it. If CONTRACTOR normally cares insurance in an amunt greater than the
minimum amount required by the COUNTY for this Contract, that greater amount shall beome
the minimum required amount of insurance for purpses of this Contract. Therefore,
CONTRACTOR hereby acknowledges and agrees that any and all insurances caried by it shall
be deemed liability coverage for any and all actions it performs in connection with this Contract.

       If CONTRACTOR utilizes one or more subcontractors in the performance of this
Contract, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to
each subcontractor or otherwise provide evidence of insurance coverage from each subcontractor
equivalent to that required of CONTRACTOR in this contract, unless CONTRACTOR and
COUNTY both initial here _I _

       A. Types of Insurnce and Minimum Limits

            (1) Worker's Compensation in the minimum statutorily required coverage
amounts. This insurance coverage shall be required unless the CONTRACTOR has no
employees and certifies to this fact by initialing here

                (2) Automobile Liabilty Insurance for each of CONTRACTOR'S vehicles
used in the performance of this Contract, including owned, non-owned (e.g. owned by
CONTRACTOR'S employees), leased or hird vehicles, in the minimum amount of $500,00
combined single limit per occurrence for bodily injury and property damage. This insurance
coverage is required unless the CONTRACTOR does not dnve a vehicle in conjunction with any
par of the performance of this Contract and CONTRACTOR and COUNY both certify to this
fact by initialig here _I _'
                (3) Comprehensive or Commercial General Liability Insurance coverage in
the miimum amount of $1,00,00 combined single limit, including coverage for: (a) bodily
injury, (b) personal injury, (c) broad form property damage, (d) contractual liabilty, and (e)
cross-liabilty.

                (4) Professional Liabilty Insurance in the miimum amount of $1,00,00
combined s~ngle, li~j, if, and only if, this Subparagraph is initialed by CONTRACTOR and
COUNTt. I--
       B. Other Insurance Provisions


                (1) If any insurance coverage required in this Contract is provided on a
"Claims Made" rather than "Occurence" form, CONTRACTOR agrees to maintain the required
coverage for a period of three (3) years after the expiration of this Contract (hereinafter "post
Contract coverage") and any extensions thereof. CONTRACTOR may maintain the required
post Contract coverage by renewal or purchase of prior acts or tai coverage. This provision is
contingent upon post Contract coverage being both available and reasonably affordable in
relation to the coverage provided during the term of this Contract. For purpses of interpreting
this requirement, a cost not exceeding 100% of the last annual policy premium during the term of
this Contract in order to purchase prior acts or tai coverage for post Contract coverage shall be
deemed to be reasonable.



REVISED 9/1 0                                      2

                                                                                                     41
                                                                                                    0162


                      (2) All required Automobile and Comprehensive or Commercial General
     Liabilty Insurance shall be endorsed to contain the following clause:

                   "The County of Santa Cruz, its offcials, employees, agents and volunteers are
     added as an additional insured as respects the opeations and activities of, and on behalf of, the
     named insured's performance under itslhislher/their contract with the County of Santa Cruz."

                      (3) If any insurance policy of CONTRACTOR required by this document
     includes language conditioning the insurer's legal obligation to defend of indemnify COUNTY
     on the performance of any act(s) by the named insured, then said insurance policy, by
     endorsement, shall also name the County of Santa Cruz as a named insured. Notwithstanding the
     foregoing, both the CONTRACTOR and its insurers agree that by naming the County of Santa
     Cruz as a named insured, the COUNTY may     at its sole direction, but is not obligated to, perform
     any act required by the named insured under said insurance policies.

                      (4) CONTRACTOR shall do all things required to be performed by it
     pursuant to its insurance policies including but not limited to paying within five (5) work days,
     all deductibles and self-insured retentions (SIR) required to be paid under any insurance policy
     that may provide defense or indemnity coverage to COUNTY or any additional insured.

                      (5)   All required insurance policies shall be endorsed to contain the following
            clause:

            "This insurance shall not be canceled until after thiy (30) days prior written notice has
     been given to:

                            Santa Cruz County
                            Deparment of Public Works
                            Attn: JACK SOHRIAKOFF
                            701 Ocean Street, Room 410
                            Santa Cruz, CA 95060

                    (6) CONTRACTOR agrees to provide its insurance broker(s) with a full copy
     of these insurance provisions and provide COUNTY on or before the effective date of this
     Contract with Certificates of Insurance for all required coverages. All Certifcates of Insurance
     shall be delivered or sent to:
                             Santa Cruz County
                             Deparment of Public Works
                             Attn: JACK SOHRIAKOFF
                             701 Ocean Street, Room 410
                             Santa Cruz, CA 95060

            7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the
     performance of thi Contract, CONTRACTOR agrees as follows:

             A. The CONTRACTOR shall not discriminate against any employee or applicant for
     employment because of race, color, religion, national origin, ancestry, physical or mental
     disabilty, medical condition (cancer related), maital status, sexual orientation, age (over 18),


     REVISED 9/1 0                                    3


41
                                                                                                0163

veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such
action shall include, but not be limited to, the following: recruitment, advertising, layoff or
termination, rates of payor other forms of compensation, selection for training (including
apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to
post in conspicuous places, available to employees and applicants for employment, notice setting
forth the provisions of this non-discrimiation clause.

        B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR
and if CONTRACTOR employees fifteen (15) or more employees, the following requirements
shall apply:

              (1) The CONTRACTOR shall, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants wil
receive consideration for employment without regard to race, color, religion, national origin,
ancestry, physical or mental disabilty, medical condition (cancer related), marital status, sexual
orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor
unrelated to job duties. Such action shall include, but not be limited to, the following:
recruitment; advertising, layoff or termination, rates of payor other forms of compensation,
selection for training (including apprenticeship), employment, upgrading, demotion, or transfer.
In addition, the CONTRCTOR shall make a good faith effort to consider
MinorityIWomenlisab1ed Owned Business Enterprises in CONTRACTOR'S solicitation of
goods and services. Definitions for MinorityIWomenlisab1ed Business Enterprises are available
from the COUNTY General Services Puchasing Division.

                      (2) In the event of the CONTRACTOR'S non-compliance with the non-
discrimination clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.

                      (3) The CONTRACTOR shall cause the foregoing provisions of
subparagraphs 7B(I) and 7B(2) to be inserted in all subcontracts for any work covered under this
Contract by a subcontractor compensated more than $50,00 and employing more than fifteen
(15) employees, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.

       8. INEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY
have reviewed and considered the principal test and secondary factors below and agree that
CONTCTOR is an independent contractor and not an employee of COUNTY.
CONTRACTOR is responsible for all insurance (workers compnsation, unemployment, etc.)
and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits.
COUNY agrees that CONTRCTOR shall have the right to control the manner and means of
accomplishing the result contracted for herein.

       PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control
the manner and means of accomplishing the result contracted for.

           SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY
                          the work is slight rather than substantial; (b) CONTRACTOR is
may exercise over the details of

engaged in a distinct occupation or business; (c) In the locality, the work to be done by
CONTRACTOR is usually done by a specialist without supervision, rather than under the


REVISED 9/1 0                                     4


                                                                                                     41
                                                                                               0164

direction of an employer; (d) The skil required in the paricular occupation is substantial rather
than slight; (e) The CONTRACTOR rather than the COUNY supplies the instrumentalities,
tools and work place; (t) The length of time for which CONTRACTOR is engaged is of limited
duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job
rather than by the time; (h) The work is par of a special or permissive activity, program. or
project, rather than par of the regular business of COUNTY; (i) CONTRACTOR and COUNTY
believe they are creating an independent contractor relationship rather than an employer-
employee relationship; and (j) The COUNTY conducts public business.

       It is recognied that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors
that indicate that CONTRACTOR is an independent contractor.

       By their signatures on this Contract, each of the undersigned certifes that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an
independent contractor.

       9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the
prior written consent of the COUNTY.

        10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the
CONTRACTOR.

        11. RETENTION AN AUDIT OF RECORDS. CONTRACTOR shall retain
records pertinent to this Contract for a period of not less than five (5) years after final payment
under this Contract or until a final audit report is accepted by COUNTY, whichever occurs fist.
CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz
County Auditor-Controller, the Auditor General of the State of California, or the designee of
either for a period of five (5) years after fial payment under this Contract.

        12. PRESENTATION OF CLAIMS. Presentation and processing of any or all
claims arising out of or related to this Contract shall be made in accordance with the provisions
contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is
incorprated herein.
       13. ATTACHMNTS. This Contract includes the following attachments:
EXHIBIT A, SCOPE OF SERVICES, EXHIBIT B, BILLING RATE SCHEDUL

        14. LIVING WAGE. This Contract is covered under Living Wage provisions if               this
section is initialed by COUNTY

        If Item # 14 above is initialed by the COUNY, then this Contract is subject to the
provisions of Santa Cruz County Code Chapter 2.122, which requires payment of a living wage
to covered employees. Non-compliance during the term of the Contract with these Living
Wage Provisions wil be considered a material breach, and may result in termination of the
Contract and/or pursuit of other legal or administrative remedies.

       CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if
       applicable.


REVISED 9/1 0                                                        5


41
                                                                                             0165


           15. MISCELLANEOUS. This written Contract, along with any attachments, is the
full and complete integration of the paries' agreement forming the basis for this Contract. The
paries agree that this written Contract supersedes any previous written or oral agreements
between the paries, and any modifcations to this Contract must be made in a written document
signed by all paries. Any arbitration, mediation, or litigation arising out of this Contract shall
occur only in the County of Santa Cruz, notwithstanding the fact that one of the contracting
paries may reside outside of the County of Santa Cruz.

IN WITNESS WHREOF, the paries hereto have set their hands the day and year first above
written.

1. MID COAST ENGINEERS                       3. COUNTY OF SANTA CRUZ

By: ~~ s_ N..:                                       By:
    SIGNED                                                   SIGNED

      Jer-.r S. ",\ ~-e-\~~'"
    PRINTED                                                  PRINED

Company Name: MID COAST ENGINEERS

Address: 70 PENN LANE
             WATSONVILLE, CA 95076

Telephone: (831) 724-2580
Fax: (831) 539-2043
Email: jsn@midcoastengineers.com

2. APPROVED AS TO INSURACE:


                   Jf ~!i
           Risk Management


DISTRIBUTION:
Public Works
Auditor-Controller
Risk Management
Contractor

ICA Design Professionals.doc/mid coast m.doc




REVISED 9/10                                     6

                                                                                                     4'1
                                                                                               0166



                                                              EXHIBIT A
                                                     SCOPE OF SERVICES
 It is understood by County and Consultant that Consultant performs or secures the
 performance of consulting and related services for the County as on-call consultants. On
 each occasion Consultant performs services for the County, Consultant shall advise the
 County in writing of the scope of services to be provided, the cost and estimated time to
 perform services. Consultant shall not proceed to perform any such service until County
 and Consultant have established a project cost, a completion schedule, and a time period
 for performance, and the County has given its written authorization to perform. Written
 approval for performance and compensation shall be granted by the Director of Public
 Works, or his/her designee.

     Scope of       Work

     The County Surveyor is planning on initiating work on a number of    projects involving a
     retracement or remonumentation survey of   major land division lines throughout different
 areas of      the County. This would include Rancho lines, Sections lines, old subdivision
 lines, and the like. All surveys performed shall be performed using the Global
 Positioning System (GPS) to make ties      to the California State Plane Coordinate System.
 A Record of Survey shall be recorded for all survey projects. Once the coordinates of the
 monuments are found and the surveys are recorded, the Geographic Information System
 Department (GIS) will be able to use that information in updating the County GIS
 mapping.

     Compensation

     Compensation shall be as determined on a pre-authorized task-by-task basis according to
     the current billing rates of the Consultant as shown on Exhibit B.

     Ownership of Documents

 Title to all final documents, including drawings, specifications, data, reports, summaries,
 correspondence, photographs, computer software (if    purchased on the County's behalf),
 video and audio recordings, software output, and any other materials with respect to work
 performed under this Agreement shall vest with the County at such time as the County
 has compensated the Consultant, as provided herein, for the services rendered by the
 Consultant in connection with which they were prepared.




41
                                                                                                       0167                EXIBIT.
                                                                                                        Richard A. Wadsort
                                                                                                                Civil Engineer
                                                                                                          Stanley O. Nieln
                                 Mid Coast Engineers
1lC:::                             Civil Engineers and Land Surveyors
                                                                                                            Land Surveyor

                                                                                                                LeeD. Vaae
                                                                                                            Land Surveyor
                                  70 Penny Lane, Suite A - Watsonvile, CA 95076                             Je S. Nielsen
                                               Phone: (831) 724-2580                                        Land Survyor
                                                Fax: (831) 724-025
                                        Email: jsn@midcoastengineers.com




                                     HOURLY FEE SCHEDULE
                                      Effective: June 1, 2009


            Title                                                                             Hourly Rate

           Principal Engineer... ... ... ... ... ... ... ... ...... ............ ... ... ... ......$160.00

           Principal Surveyor... ... ... ... ... .,. ... ... ... ... ... ... ... ... ... ... .., ......$160.00

           Technician II...... ... ... ... ... ... .., ... ... ... ... '" ... ...... '" ...... ... ...$120.00

           Technician 11.................................................................$ 95.00

          Technician I...... ... ......... ......... ... ... ... ...... ... ... ... ... ...... '" ...$ 75.00

           One Man Field Part/GPS Equipment..... .........................$200.00

          Two Man Field Part- Union Schedule 8.....,..................$220.00

          Two Man Field Part - Union Schedule A....................... .$250.00

          Two Man Field Part - Prevailng Wage.........................$250.00

          Three Man Field Part... ..................................................$250.00

          Three Man Field Part (Prevailing Wage)............ ...............$300.00

           Outside Expenses.............................. ......................Cost + 10%

          Court Appearances or Depositions... ... ... ......... ... ... ...... ... ...$300.00



Note: The abOve fees are for ordinary engineering and surveying services. Higher fees are applicable for
extordinary services such as: Court preparation, FEMA flood level or floor level certficates, etc.




                                                                                                                          41
                                                                                                               _ 68


                                              COUNT OF SAA CRUZ
                                      REQUES FOR APPROVAL OF AGREEMENT

TO: bid of Su vt                               FR:                                                                    (D.IM)
         c: Mntnl5 om                                                                         (SIg)'3,6(Jv0 (( (CI)
         Ault Colboll                          BY:
                                                                                     1ire li IVII
AGREEMENlYE (Ch On)                             Re Ag 0
Th Bo of~ Is he re to ape th att agret an aut th ex of sa
1. said agt is be th COUNTY OF SANTA CRUZ
     IFLAND SURVEY
                                                                                                           (DeAg)
  an 303 Portrero Street, Suite 43-108, Santa Cruz, CA 95060                                                      (NaAi)
2. 'T ~ wni pre LAND SURVEYING SERVICES


. 3. Pe of th agt Is fr BOARD APPROVAL                                      to JUNE 30, 2015

4. Anipte Cot Is $ 50,000.00 PER YEAR                                 o Axed 0 Monthly Ra OAinul Ra~ No to Exce
   R~: CONTRACT: $50,000.00; OVERHEAD: $4,250.00; TOTAL: $54,250.00
5. Deil: 0 On Cotiuing Agts Us fo FY _. _ . Page CC- _ Contrac No: cwo 3 650 OR 0 1- Tme Ageement
    o sen n No Bo ie reir WILL be liste un Ite 8
    o seon m .Bo le reir
    o se TV Rev AQt
6. Appriations/Revnues are available and are budgeted iii 621901! 19114! 3665! (Index) 3590                            (Sub object)

                        NOT: IF APPROPRTIONS ARE INSUFFlOENT, ATIACHED COMPLETD AUD-74 OR AIJD-GO

                                         be                           Contract No: CW03650
              ~ hae



               are    no ~
 Apprprtions available and ~ encbere.
                                                                      By: CI~
                                                                         Auditor-Cantrll Deputy
                                                                                                          Date:~
 Prl and acconting detil reewed and ap. It is recmended that the Board of Suprviso approve the agreement an aurie

  DIRECTOR OF PUBLIC WORKS                               (Det/Agenc Head) to execute on belf of th

  COUNTY OF SANTA CRUZ                                                                                          ( Dertmt/Agen)
 Date:
  GRJ:lh
           0;/c, ) \\
                                                                    By:~~j~~W0
                                                                     ::~~;~..
 Dlsbun:
          Board of Supervrs - White      State of califoia
          Auit Coll - canary             Cont of santa Cr
          Audlt-ctrle - Pink             I . ex-offo Cler\; ot th Bord of Supeisrs of th County of sant Cr..
          Deent - Gold                   State of callfoia, do hereby certify tht the foeging reuest for appral of agren was ap-
                                         pred by said Bord of SUpervsors as recmmende by the County Adinistrtive ome by ai
                                         or duly enter in th minutes of said Board on 20_
          ADM - 29 (8/01)
          TI 1, se 30 Pr Ma              By: Deput CJe
 AUOIT-CONTOLLER USE ONLY

 CO
      ~No.                  $
                                JEAm                 Une              H(T               Keed By                Date

  TCl~~                                              $                                     I
         Auto Deip                                    Amt                   Inde               SUb obje   Us     Co
                                                                                           0169


                                     Contract No. CW03650

                       INDEPENDENT CONTRACTOR AGREEMENT
                                      (Design Professional)

       This Contract is entered into this 12th day of APRI, 2011, by and between the
COUNY OF SANA CRUZ, hereinafter called COUNY, and IFLAN SURVEY,
hereinafter called CONTRACTOR. The paries agree as follows:

       1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish the
following results: TO PROVIDE LAND SURVEYING SERVICES AS DESCRIBED IN
EXHIBIT A, SCOPE OF SERVICES for the County of Santa Cruz Deparment of Public Works.

       2. COMPENSATION. In consideration for CONTRACTOR accomplishing said
result, COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed NOT TO
EXCEED $50,000 PER FISCAL YEAR IN A MANR DESCRIED IN THE SCOPE OF
SERVICES, processed for payment in full after project completion, receipt of invoice, and
approval of project manager, and based upon the attached rate sheet (subject to annual increase
per project manager's approval).

       3. TERM.               The term of this Contract shall be: BOAR APPROV AL through
JUNE 30, 2015.

       4. EARLY TERMINATION. Either pary hereto may terminate this Contract at
any time by giving thiry (30) days written notice to the other pary.

       5. INDEMNIFCATION FOR DAMAGES, TAXES AN CONTRIBUTIONS.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNY (which for the
purpose of Section 5 and 6 of this document shall include, without limitation, its officers, agents,
employees and volunteers) from and against:

        A. Any and all claims, demands, losses, damages, defense costs, other legal costs, or
liability of any kind or nature which COUNY may sustain or incur or which may be imposed
upon it at any time for injury to or death of persons, or damage to property which arise out of,
pertai to, or relate to CONTRACTOR'S negligence, recklessness, or wilful misconduct under
the terms of this Agreement. Such indemnification includes any damage to the person(s), or
property(ies) of CONTRACTOR and thid persons.

       B. Any and all Federal, State and Local taxes, charges, fees, or contributions
required to be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employees
and agents engaged in the performance of this Contract (including, without limitation,
unemployment insurance, social security and payroll tax withholding).

       6. INSURCE. CONTRACTOR, at its sole cost and expense, for the full term of
this Contract (and any extensions thereof), shall obtai and maintain, at minimum, compliance
with all of the fo llowinl! insurance coveral!e( s) and reauirements. Such insurance coveral!e shall



                                                                                                  41
                                                                                     0170
   be primay coverage as respects COUNTY and any insurance or self-insurance maintained by
   COUNY shall be considered in excess of CONTRACTOR'S insurance coverage and shall not
   contribute to it. If CONTRACTOR normally cares insurance in an amount greater than the
   miimum amount required by the COUNTY for ths Contract, that greater amount shall become
   the minimum required amount of insurance for purpses of this Contract. Therefore,
   CONTRACTOR hereby acknowledges and agrees that any and all insurances caried by it shall
   be deemed liability coverage for any and all actions it perform in connection with this Contract.

           If CONTRACTOR utilizes one or more subcontractors in the performance of this
   Contract, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to
   each subcontractor or otherwise provide evidence of insurance coverage from each subcontractor
   equivalent to that required of CONTRACTOR in this contract, unless CONTRACTOR and
   COUNY both initial here _ / _

           A. Types of Insurance and Minimum Limits


                      (1) Worker's Compensation in the miimum statutoriy required coverage
   amounts. This insurance coverage shall be required unless the CONTRACTOR has no
   employees and certifies to this fact by initialing here

                      (2) Automobile Liabilty Insurance for each of CONTRACTOR'S vehicles
   used in the performance of this Contract, including owned, non-owned (e.g. owned by
   CONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $500,000
   combined single limit per occurence for bodily injury and property damage. This insurance
   coverage is required unless the CONTRACTOR does not drve a vehicle in conjunction with any
   par of the performnce of this Contract and CONTRACTOR and COUNY both certify to this
   fact by initialig here _ / _.


                  (3) Comprehensive or Commercial General Liability Insurance coverage in
   the minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily
   injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e)
   cross-liability.

                      (4) Professional Liabilty Insurance in the miimum amount of $1,000,000
   combined twfte. l~~tr1' and only if, this Subparagraph is initialed by CONTRACTOR and
   COUNY ~-\/ -- /

           B. Other Insurance Provisions


                      (1) If any insurance coverage required in this Contract is provided on a
   "Claim Made" rather than "Occurence" form, CONTRACTOR agrees to maintain the required
   coverage for a period of three (3) years after the expiration of this Contract (hereinafter "post
   Contract coverage") and any extensions thereof. CONTRACTOR may maintain the required
   post Contract coverage by renewal or purchase of prior acts or tail coverage. This provision is
   contingent upon post Contract coverage being both available and reasonably affordable in
   relation to the coverage provided during the term of this Contract. For purposes of interpreting
   this requirement, a cost not exceeding 100% of the last annual policy premium during the term of
   this Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be
   deemed to be reasonable.



4 LVISED 9/10                                       "
                                                                                           0171

                 (2) All required Automobile and Comprehensive or Commercial General
Liability Insurance shall be endorsed to contain the following clause:

              "The County of Santa Cruz, its officials, employees, agents and volunteers are
added as an additional insured as respects the operations and activities of, and on behalf of, the
named insured's performance under its/his/her/their contract with the County of Santa Cruz."

                 (3) If any insurance policy of CONTRACTOR required by this document
includes language conditioning the insurer's legal obligation to defend of indemnify COUNY
on the performance of any act(s) by the named insured, then said insurance policy, by
endorsement, shall also name the County of Santa Cruz as a named insured. Notwithstanding the
foregoing, both the CONTRACTOR and its insurers agree that by namig the County of Santa
Cruz as a named insured, the COUNTY may at its sole direction, but is not obligated to, perform
any act required by the named insured under said insurance policies.

                 (4) CONTRACTOR shall do all things required to be performed by it
pursuant to its insurance policies including but not limited to paying within five (5) work days,
all deductib1es and self-insured retentions (SIR) required to be paid under any insurance policy
that may provide defense or indemnity coverage to COUNTY or any additional insured.

                 (5)   All required insurance policies shall be endorsed to contain the following
       clause:

       ''This insurance shall not be canceled until after thiry (30) days prior written notice has
been given to:

                       Santa Cruz County
                       Deparment of Public Works
                       Attn: JACK SOHRIKOFF
                       701 Ocean Street, Room 410
                       Santa Cruz, CA 95060

              (6) CONTRACTOR agrees to provide its insurance broker(s) with a full copy
of these insurance provisions and provide COUNTY on or before the effective date of this
Contract with Certificates of Insurance for all required coverages. All Certificates of Insurance
shall be delivered or sent to:
                        Santa Cruz County
                       Deparment of Public Works
                       Attn: JACK SOHRIAKOFF
                       701 Ocean Street, Room 410
                       Santa Cruz, CA 95060

       7. EOUAL EMPLOYMENT OPPORTUNITY. During and in relation to the
performance of this Contract, CONTRACTOR agrees as follows:

        A. The CONTRACTOR shall not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), maital status, sexual orientation, age (over 18),


REVISED 9/1 0                                    3                                                   41
                                                                                              o Î 72
   veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such
   action shall include, but not be limited to, the following: recruitment, advertising, layoff or
   termnation, rates of payor other form of compensation, selection for training (including
   apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to
   post in conspicuous places, available to employees and applicants for employment, notice setting
   forth the provisions of this non-discrimiation clause.

          B. If this Contract provides compensation in excess of $50,00 to CONTRACTOR
   and if CONTRACTOR employees fifteen (15) or more employees, the following requirements
   shall apply:

                  (1) The CONTRACTOR shall, in all solicitations or advertisements for
   employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants wil
   receive consideration for employment without regard to race, color, religion, national origin,
   ancestry, physical or mental disability, medical condition (cancer related), maital status, sexual
   orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor
   unrelated to job duties. Such action shall include, but not be limited to, the following:
   recruitment; advertising, layoff or termnation, rates of pay or other forms of compensation,
   selection for training (including apprenticeship), employment, upgrading, demotion, or transfer.
   In addition, the CONTRACTOR shall make a good faith effort to consider
   Minority/Women/isabled Owned Business Enterprises in CONTRACTOR'S solicitation of
   goods and services. Definitions for Minority/Women/isabled Business Enterprises are available
   from the COUNTY General Services Puchasing Division.

                  (2) In the event of the CONTRACTOR'S non-compliance with the non-
   discrimation clauses of this Contract or with any of the said rules, regulations, or orders said
   CONTRACTOR may be declared ineligible for futher contracts with the COUNTY.

                  (3) The CONTRACTOR shall cause the foregoing provisions of
   subparagraphs 7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this
   Contract by a subcontractor compensated more than $50,000 and employing more than fifteen
   (15) employees, provided that the foregoing provisions shall not apply to contracts or
   subcontracts for standard commercial supplies or raw materials.

          8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY
   have reviewed and considered the principal test and secondary factors below and agree that
   CONTRACTOR is an independent contractor and not an employee of COUNTY.
   CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.)
   and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits.
   COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of
   accomplishing the result contracted for herein.

          PRICIPAL TEST: The CONTRACTOR rather than COUNY has the right to control
   the manner and means of accomplishing the result contracted for.

          SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNY
   may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is
   engaged in a distinct occupation or business; (c) In the locality, the work to be done by
   CONTRACTOR is usually done by a specialist without supervision, rather than under the


                                                   4
4lviSED 9110
                                                                                          0173
direction of an employer; (d) The ski required in the paricular occupation is substantial rather
than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities,
tools and work place; (f) The length of time for which CONTRACTOR is engaged is of limited
duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job
rather than by the time; (h) The work is par of a special or permissive activity, program, or
project, rather than par of the regular business of COUNTY; (i) CONTRACTOR and COUNTY
believe they are creating an independent contractor relationship rather than an employer-
employee relationship; and (j) The COUNY conducts public business.

        It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors
that indicate that CONTRACTOR is an independent contractor.

            By their signatures on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an
independent contractor.

            9. NONASSIGNMNT. CONTRACTOR shall not assign the Contract without the
prior wrtten consent ofthe COUNY.

        10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided funding to the
CONTRACTOR.

            11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain
records pertinent to this Contract for a period of not less than five (5) years after final payment
under this Contract or until a final audit report is accepted by COUNY, whichever occurs first.
CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz
County Auditor-Controller, the Auditor General of the State of California, or the designee of
either for a period of five (5) years after final payment under this Contract.

            12. PRESENTATION OF CLAIMS. Presentation and processing of any or all
claims arising out of or related to this Contract shall be made in accordance with the provisions
contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is
incorporated herein.
            13. ATTACHMENTS. This Contract includes the following attachments:
EXHIBIT A, SCOPE OF SERVICES, EXHIBIT B, BILLING RATE SCHEDULE

            14. LIVING WAGE. This Contract is covered under Living Wage provisions if this
section is initialed by COUNTY

             If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the
provisions of Santa Cruz County Code Chapter 2.122, which requires payment of a living wage
to covered employees. Non-compliance during the term of the Contract with these Living
Wage Provisions wil be considered a material breach, and may result in termnation of the
Contract and/or pursuit of other legal or administrative remedies.

            CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if
            applicable.


REVISED 9110                                          5                                                 41
                                                                                                   0174
                15. MISCELLANOUS. This written Contract, along with any attachments, is the
     full and complete integration of the paries' agreement formig the basis for this Contract. The
     paries agree that this written Contract supersedes any previous written or oral agreements
     between the paries, and any modifications to this Contract must be made in a written document
     signed by all paries. Any arbitration, mediation, or litigation arising out of this Contract shall
     occur only in the County of Santa Cruz, notwithstanding the fact that one of the contracting
     paries may reside outside of the County of Santa Cruz.

     IN WITNESS WHREOF, the paries hereto have set their hands the day and year first above
     written.

                                                          3. COUNTY OF SANTA CRUZ

     ~y:~y
      '"NED ~
                                                          By:
                                                                  SIGNED

           êM2j t2. \ FLO
         PRID                                                     PRID
     Company Name: IFLAND SURVEY

     Address: 303 POTRERO STREET, SUITE 43-108
                  SANTA CRUZ, CA 95060

     Telephone: (831) 426-7941
     Fax: (831) 426-6266
     Email: gar@iflandsurey.com

     2. APPROVED AS TO INSURCE:


                        fI Ifl/ti
                        ,
                Risk Management


     DISTRIBUTION:
     Public Works
     Auditor-Controller
     Risk Management
     Contractor

     ICA Design Professionals.doc/ifland m.doc




                                                      6
4 i REVISED 9/10
                                                                                                  0175



                                          EXHIBIT A
                                      SCOPE OF SERVICES
It is understood by County and Consultant that Consultant performs or secures the
performance of consulting and related services for the County as on-call consultants. On
each occasion Consultant performs services for the County, Consultant shall advise the
County in writing of   the scope of     services to be provided, the cost and estimated time to
perform services. Consultant shall not proceed to perform any such service until County
and Consultant have established a project cost, a completion schedule, and a time period
for performance, and the County has given its written authorization to perform. Written
approval for performance and compensation shall be granted by the Director of Public
Works, or his/her designee.

Scope of       Work

The County Surveyor is planing on initiating work on a number ofprojects involving a
retracement or remonumentation survey of major land division lines throughout different
areas of the County. This would include Rancho lines, Sections lines, old subdivision
lines, and the like. All surveys performed shall be performed using the Global
Positioning System (GPS) to make ties to the California State Plane Coordinate System.
A Record of Surey shall be recorded for all survey proj ects. Once the coordinates of the
monuments are found and the surveys are recorded, the Geographic Information System
Department (GIS) will be able to use that information in updating the County GIS
mapping.

Compensation

Compensation shall be as determined on a pre-authorized task-by-task basis according to
the current billing rates of the Consultant as shown on Exhibit B.

Ownership of Documents

Title to all final documents, including drawings, specifications, data, reports, summaries,
correspondence, photographs, computer software (if purchased on the County's behalf),
video and audio recordings, software output, and any other materials with respect to work
performed under this Agreement shall vest with the County at such time as the County
has compensated the Consultant, as provided herein, for the services rendered by the
Consultant in connection with which they were prepared.




                                                                                                     41
                                                                                                                                                       EXIBIT B

I                                                 GARY IFLAND & ASSOCIATES, INC.
                                                                                                                                           C 176



I                                                       (dba IFLAND SURVEY)
                                                    STANDARD HOURLY RATES 2011

I   OFFICE SERVICES
    Principal Surveyor.......................................................................................................... $ 160.00
I   Licensed Surveyor ............................................................................................................ 140.00
    Senior Technician ............................................................ ................................................. 100.00
I   Survey Technician ......................................... ............................................................. ........80.00
    CAD Technician ................................................................ ............................ ................. ..... 80.00
I   Clerical Assistant ................................................................................................................60.00


I   FIELD SURVEY SERVICES
    Survey Crew (2 man) .................................................................... .....................................200.00

I   GPS or Robotic Surveys (1 man) ......................................................................................150.00
    Survey Technician .............................................................................................................. 80.00

I   FIELD SURVEY SERVICES (prevailng wage projects)

I   Survey Crew (2 man) ........................................................................................................ 250.00
    GPS or Robotic Surveys (1 man) ......................................................................................175.00
    Survey Technician ............................................................................................................ 100.00
I
    Notes: Consultation meetings and telephone consultations wil be biled at the hourly rates indicated. Field

I   seNices are billed portal-to-portal with a 4-hour minimum charge. Hourly rates shown are for ordinary
    sUNeying seNices and include all payroll, offce overhead, taxes, supplies, insurance and local
    transportation. Higher rates (not less than 1.5 times standard rates) are applicable for extra-ordinary
    seNices such as: court appearances, court preparation, depositions, expert witness opinions, professional
I   testimony, special certifcations, etc. Invoices 30 days past due wil be assessed a seNice charge of 1.5%
    per month, with a $25.00 minimum.


I   FEES & REIMBURSABLE EXPENSES
    Prints                                             Oter Charges                                     Express Mail / FEDEX
I   18x24 . ............ ......... $ 8.00 ea
    24x36 . ......... ......... ... $ 1000 ea
    30x42 ...................... $12.00 ea
                                                       ROS County Fee .... $ 46.00
                                                       Recrd Deed .... ....... $ 5.00 I pg
                                                       Record Map ............ $10.00 I pg
                                                                                                        Letter ............. ... .... ... $ 30.00
                                                                                                        Pakfube................. $ 40.00

                                                                                                        Mileage
I   CAD Plottng
    Bond........................ $12.00 ea
    Vellum ..................... $ 15.00 ea
                                                       CAD     Files
                                                                       *

                                                       Media ...... ........... ..... $ 25.00 ea
                                                       Duplicates ............... $10.00 ea
                                                                                                       within 30 mi. ......... ... no charge
                                                                                                        beyond 30 mi ....... ... $ 0.50/mile


I   Mylar .. ....... ....... ....... $ 20.00 ea        Via email..... ...... ...... $ 25.00 ea



    Outside seN  ices and consultants, sUNey monuments, filing, checking, recording or other fees are invoiced

I   at cost plus 15%. *Customization of CAD files including file format and other modifications for use by others
    shall be biled per hourly rates. All rates are subject to annual, adjustments.
                                                                                                                                        rev.   01/11

I   41                                                                      ~
                                                                                                                          C 177




                                                   COUNT OF SAA CRUZ
                                         REQUES FOR APPROVAL OF AGREEMENT

TO: Bo of Su .111                                   FRM: PUBLIC WORKS (01....'.)
           Co Aåtnl5
           Ault Coll om
AGREEMENlYE (Ch On)
                                                         \. th Re Ñf eeie 0
                                                    ~:Exll~ ~iame er iMli r j
                                                       - Ñ¡ ee (~Z6P.(I¡~)
Th Bo ofSU~ Is he reue to ape th at agt and aut th ex of sa
1. said agt is            be th COUNTY OF SANTA CRUZ
           ROBERT L. DEí'JTT & ASSOCIATES, INC.
                                                                                                                      (DeAg)
    ~ 1607 Ocean Street, Suite 1, Santa Cruz, CA 95060                                                                       (NaAi)
2. 'T ¡at wil pr LAND SURVEYING SERVICES


3. Pe of th agt Is fr BOARD APPROVAL                                             to JUNE 30, 2015

4. Anipte Cot Is $ 50,000.00 PER YEAR                                    o Axed 0 Monthly Ra o                Annual Ra ~ No to Exce
    R~: CONTRACT: $50,000.00; OVERHEAD: $4,250.00; TOTAL: $54,250.00
5. Deil: 0 On Contiuin Ag Us fo FY _' _ . Page CC- _ Contrac No: OJO 3 6 5 1 OR 0 1- Tme Agreement
      o sen n No Bord ie rere, WILL be liste un Ite 8
      o seon m .Bo le reir
      o se IV Rev Ñf eet
 6. Appriations/Revenues are availabl and are budgeted ill 621901! 19114! 3665! (Index) 3590                                      (Sub object)

                              NOT: IF APPROPRTIONS AR INSUFFIOENT, AlTACHED COMPLETD AUD-74 OR AIlD-GO




                          not Ö
                   ;; have be
 Apprpriations ~ avilable and .i encbered.
                    are
                                                                         Contract No: CW03651

                                                                         By: Cç~
                                                                             Auditor-Contrller Deputy
                                                                                                                    Date:~
 Prl and acconting detil reewed aoo appr. It is recmended that the Board of Suprviso approve the agreement an auiie

   DIlU~CTOR OF PUBLIC WORKS                                (Det/Agenc Head) to execute on belf of th

    COUNTY OF SANTA CRUZ
                                                                                                                           (DeI1rt/ Agen)
 Date:
    GRJ:lh
                 t./'5f \ \
                                                                       BY:~~~~N-
                                                                            Count I\dministrive ee
      :
 Dis Board of Supervrs . White                State of califoia
             Audit CoI1 - canary              Cont of santa Cr
             Audit-ctrle - Pink               I ex-offo Clerk ot th Bord of Supeis~ of th County of sant Cr:
             Deent - God                      State of califoia. do hereby certify tht th foeging reuest for appral of agen was ap
                                              pred by said Bord of Supervsors as recmmende by the County Adinistrtive ome by an
                                              orr duly enter in th minutes of said Bord on 20_
             ADM - 29 (8/01)
             1l 1, se 30 Pr Ma                By: Deput CJe
  AUOfTR-CONTOLLER USE ONLY

  CO                             $
       Do No.                        iEAm               Une              H(T
   TellO
           Au Delp                                      $
                                                         Amt                     Inde
                                                                                                 Keed By

                                                                                                   I
                                                                                                       Sub   Ob      Us
                                                                                                                          Date


                                                                                                                            Co
                                                                                                                               41
                                                                                                0178
                                          Contract No. CW03651

                            INDEPENDENT CONTRACTOR AGREEMENT
                                           (Design Professional)

           This Contract is entered into this 12th day of April, 2011, by and between the COUNTY
     OF SANTA CRUZ, hereinafter called COUNTY, and ROBERT DEWITT AND ASSOCIATES
     INC, hereinafter called CONTRACTOR. The pares agree as follows:

            1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish the
     following results: TO PROVIDE LAND SURVEYING SERVICES AS DESCRIBED IN
     EXHIBIT A, SCOPE OF SERVICES for the County of Santa Cruz Deparment of Public Works.

            2. COMPENSATION. In consideration for CONTRACTOR accomplishing said
     result, COUNY agrees to pay CONTRACTOR as follows: Payment not to exceed NOT TO
     EXCEED $50,000 PER FISCAL YEAR IN A MANER DESCRIBED IN THE SCOPE OF
     SERVICES, processed for payment in full afer project completion, receipt of invoice, and
     approval of project manager, and based upon the attached rate sheet (subject to annual increase
     per project manager's approval).

          3. TERM.                 The term of this Contract shall be: BOAR APPROVAL through
     JU 30, 2015.
            4. EARLY TERMINATION. Either pary hereto may termate this Contract at
     any time by giving thiry (30) days written notice to the other pary.

            5. INDEMNIFICATION FOR DAMAGES, TAXES AN CONTRIBUTIONS.
     CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNY (which for the
     purpose of Section 5 and 6 of this document shall include, without limitation, its officers, agents,
     employees and volunteers) from and against:

              A. Any and all claims, demands, losses, damages, defense costs, other legal costs, or
     liability of any kind or nature which COUNTY may sustain or incur or which may be imposed
     upon it at any time for injury to or death of persons, or damage to property which arise out of,
     pertai to, or relate to CONTRACTOR'S negligence, recklessness, or wilful misconduct under
     the terms of this Agreement. Such indemnification includes any damage to the person(s), or
     property(ies) of CONTRACTOR and third persons.

            B. Any and all Federal, State and Local taxes, charges, fees, or contributions
     required to be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employees
     and agents engaged in the performance of this Contract (including, without litation,
     unemployment insurance, social security and payroll tax withholding).

            6. INSURCE. CONTRACTOR, at its sole cost and expense, for the full term of
     this Contract (and any extensions thereof), shall obtai and maintain, at mimum, compliance
     with all of the following insurance coverage(s) and requirements. Such insurance coverage shall
     be primary coverage as respects COUNTY and any insurance or self-insurance maintained by



                                                       1
4 i REVISED 9110
                                                                                          :) 179
COUNTY shall be considered in excess of CONTRACTOR'S insurance coverage and shall not
contribute to it. If CONTRACTOR normally carries insurance in an amount greater than the
minimum amount required by the COUNTY for this Contract, that greater amount shall become
the minimum required amount of insurance for purposes of this Contract. Therefore,
CONTRACTOR hereby acknowledges and agrees that any and all insurances carried by it shall
be deemed liability coverage for any and all actions it performs in connection with this Contract.

         If CONTRACTOR utilizes one or more subcontractors in the performance of this
Contract, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to
each subcontractor or otherwise provide evidence of insurance coverage from each subcontractor
equivalent to that required of CONTRACTOR in this contract, unless CONTRACTOR and
COUNTY both initial here /

         A. Types of Insurance and Minimum Limits


                    (1) Worker's Compensation in the minimum statutorily required coverage
amounts. This insurance coverage shall be required unless the CONTRACTOR has no
employees and certifies to this fact by initialing here

                    (2) Automobile Liability Insurance for each of CONTRACTOR'S vehicles
used in the performance of this Contract, including owned, non-owned (e.g. owned by
CONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $500,000
combined single limit per occurrence for bodily injury and property damage. This insurance
coverage is required unless the CONTRACTOR does not drive a vehicle in conjunction with any
part of the performance of this Contract and CONTRACTOR and COUNTY both certify to this
fact by initialing here _ / _'


                    (3) Comprehensive or Commercial General Liability Insurance coverage in
the minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily
injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e)
cross-liabili ty.

                    (4) / ro ssional Liability Insurance in the minimum amount of $ 1 ,000,000
combineWsin I'm' t~' and only if, this Subparagraph is initialed by CONTRACTOR and
COUNT /
                     ~../
        B. Other Insurance Provisions


                    (1) If any insurance coverage required in this Contract is provided on a
"Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the required
coverage for a period of three (3) years after the expiration of this Contract (hereinafter "post
Contract coverage") and any extensions thereof. CONTRACTOR may maintain the required
post Contract coverage by renewal or purchase of prior acts or tail coverage. This provision is
contingent upon post Contract coverage being both available and reasonably affordable in
relation to the coverage provided during the term of this Contract. For purposes of interpreting
this requirement, a cost not exceeding 100% of the last annual policy premium during the term of
this Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be
deemed to be reasonable.



REVISED 9/10                                      2
                                                                                               41
                                                                                              0180

                      (2) All required Automobile and Comprehensive or Commercial General
     Liabilty Insurance shall be endorsed to contain the following clause:

                   "The County of Santa Cruz, its offcials, employees, agents and volunteers are
     added as an additional insured as respects the operations and activities of, and on behalf of, the
     named insured's performance under its/his/her/their contract with the County of Santa Cruz."

                      (3) If any insurance policy of CONTRACTOR required by this document
     includes language conditioning the insurer's legal obligation to defend of indemnify COUNTY
     on the performance of any act(s) by the named insured, then said insurance policy, by
     endorsement, shall also name the County of Santa Cruz as a named insured. Notwithstanding the
     foregoing, both the CONTRACTOR and its insurers agree that by namig the County of Santa
     Cruz as a named insured, the COUNTY may at its sole direction, but is not obligated to, perform
     any act required by the named insured under said insurance policies.

                      (4) CONTRACTOR shall do all things required to be performed by it
     pursuant to its insurance policies including but not limited to paying within five (5) work days,
     all deductib1es and self-insured retentions (SIR) required to be paid under any insurance policy
     that may provide defense or indemnity coverage to COUNTY or any additional insured.

                      (5)   All required insurance policies shall be endorsed to contai the following
            clause:

            ''This insurance shall not be canceled until after thiry (30) days prior written notice has
     been given to:

                            Santa Cruz County
                            Deparment of Public Works
                            Attn: JACK SOHRIAKOFF
                            701 Ocean Street, Room 410
                            Santa Cruz, CA 95060

                   (6) CONTRACTOR agrees to provide its insurance broker(s) with a full copy
     of these insurance provisions and provide COUNTY on or before the effective date of this
     Contract with Certifcates of Insurance for all required coverages. All Certifcates of Insurance
     shall be delivered or sent to:
                             Santa Cruz County
                            Deparment of   Public Works
                            Attn: JACK SOHRAKOFF
                            701 Ocean Street, Room 410
                            Santa Cruz, CA 95060

            7. EOUAL EMPLOYMNT OPPORTUNITY. During and in relation to the
     performance of this Contract, CONTRACTOR agrees as follows:

             A. The CONTRACTOR shall not discrimate against any employee or applicant for
     employment because of race, color, religion, national origin, ancestry, physical or mental
     disabilty, medical condition (cancer related), marital status, sexual orientation, age (over 18),


                                                      3
4 i REVISED 9/10
                                                                                           0181
veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such
action shall include, but not be limited to, the following: recruitment, advertising, layoff or
termation, rates of payor other forms of compensation, selection for traiing (including
apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to
post in conspicuous places, available to employees and applicants for employment, notice setting
forth the provisions of this non-discrimination clause.

       B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR
and if CONTRACTOR employees fifteen (15) or more employees, the following requirements
shall apply:

               (1) The CONTRACTOR shall, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants wil
receive consideration for employment without regard to race, color, religion, national origin,
ancestry, physical or mental disabilty, medical condition (cancer related), marital status, sexual
orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor
unrelated to job duties. Such action shall include, but not be limited to, the following:
recruitment; advertising, layoff or termation, rates of payor other forms of compensation,
selection for traiing (including apprenticeship), employment, upgrading, demotion, or transfer.
In addition, the CONTRACTOR shall make a good faith effort to consider
MinorityIWomenlisab1ed Owned Business Enterprises in CONTRACTOR'S solicitation of
goods and services. Definitions for MinoritylWomenlisabled Business Enterprises are available
from the COUNTY General Services Purchasing Division.

                (2) In the event of the CONTRACTOR'S non-compliance with the non-
discrimation clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for futher contracts with the COUNTY.

                (3) The CONTRACTOR shall cause the foregoing provisions of
subparagraphs 7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this
Contract by a subcontractor compensated more than $50,000 and employing more than fifteen
(15) employees, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.

       8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNY
have reviewed and considered the principal test and secondary factors below and agree that
CONTRACTOR is an independent contractor and not an employee of COUNTY.
CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.)
and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits.
COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of
accomplishing the result contracted for herein.

       PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control
the manner and means of accomplishing the result contracted for.

            SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY
may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is
engaged in a distinct occupation or business; (c) In the locality, the work to be done by
CONTRACTOR is usually done by a specialist without supervision, rather than under the


REVISED 911 0                                    4
                                                                                                  41
                                                                                              0182
    direction of an employer; (d) The skil required in the paricular occupation is substantial rather
    than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities,
    tools and work place; (f) The length of time for which CONTRACTOR is engaged is of limited
    duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job
    rather than by the time; (h) The work is par of a special or permissive activity, program or
    project, rather than par of the regular business of COUNTY; (i) CONTRACTOR and COUNTY
    believe they are creating an independent contractor relationship rather than an employer-
    employee relationship; and (j) The COUNTY conducts public business.

            It is recognized that it is not necessary that all secondary factors support creation of an
    independent contractor relationship, but rather that overall there are significant secondary factors
    that indicate that CONTRACTOR is an independent contractor.

           By their signatures on this Contract, each of the undersigned certifies that it is his or her
    considered judgment that the CONTRACTOR engaged under this Contract is in fact an
    independent contractor.

           9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the
    prior wrtten consent ofthe COUNTY.

            10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and
    literature that the Santa Cruz County Board of Supervisors has provided funding to the
    CONTRACTOR.

           11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain
    records pertinent to this Contract for a period of not less than five (5) years after final payment
    under this Contract or until a final audit report is accepted by COUNTY, whichever occurs first.
    CONTRACTOR hereby agrees to be subject to the examiation and audit by the Santa Cruz
    County Auditor-Controller, the Auditor General of the State of California, or the designee of
    either for a period of five (5) years after final payment under this Contract.

           12. PRESENTATION OF CLAIMS. Presentation and processing of any or all
    claims arising out of or related to this Contract shall be made in accordance with the provisions
    contaied in Chapter 1.05 of the Santa Cruz County Code, which by this reference is
    incorporated herein.

           13. ATTACHMNTS. This Contract includes the following attachments:
           EXHIBIT A, SCOPE OF SERVICES, EXHIBIT B, BILLING RATE SCHEDULE.

           14. LIVING WAGE. This Contract is covered under Living Wage provisions Ifthis
    section is initialed by COUNTY

            If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the
    provisions of Santa Cruz County Code Chapter 2.122, which requires payment of a living wage
    to covered employees. Non-compliance during the term of the Contract with these Living
    Wage Provisions wil be considered a material breach, and may result in termation of the
    Contract and/or pursuit of other legal or admistrative remedies.




                                                      5
4 IEVISED 9110
                                                                               0183
            CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if
            applicable.

            15. MISCELLANOUS. This written Contract, along with any attachments, is the
full and complete integration of the paries' agreement formig the basis for this Contract. The
paries agree that this written Contract supersedes any previous written or oral agreements
between the paries, and any modifcations to this Contract must be made in a written document
signed by all paries. Any arbitration, mediation, or litigation arising out of this Contract shall
occur only in the County of Santa Cruz, notwithstanding the fact that one of the contracting
paries may reside outside of the County of Santa Cruz.

IN WITNESS WHEREOF, the paries hereto have set their hands the day and year first above
written.

                                                     3. COUNTY OF SANTA CRUZ

By:                                                  By:
       S NED                                                 SIGNED


       PRINTED )
              (¿O~9!J L f fJlp¿'f ¡J1Ø7
                                                             PRINTED

Company Name: ROBERT DE WITT & ASSOCIATES




Address: 1607 OCEAN STREET, SUITE 1
                                                           i, .
                                                            JV1C


          SANTA CRUZ, CA 95060

Telephone: (831) 425-1617


Fax:                (831) 425-0224

Email:              rldewitt@rldewitt.com

2.        APPROVED AS TO INSURANCE:                                              TO
                                                                                      --
                                                                                           FORM:


                            tI ~fr)/
           Risk Man~gement


DISTRIBUTION:
Public Works
Auditor-Controller
Risk Management
Contractor

ICA Design Professionals.doc/dewitt m.doc




REVISED 9/10                                     6                                             41
                                                                                       Ü 184



                                     EXHIBIT A
                               SCOPE OF SERVICES

 It is understood by County and Consultant that Consultant performs or secures the
 performance of consulting and related services for the County as on-call consultants. On
 each occasion Consultant performs services for the County, Consultant shall advise the
 County in writing of the scope of services to be provided, the cost and estimated time to
 perform services. Consultant shall not proceed to perform any such service until County
 and Consultant have established a project cost, a completion schedule, and a time period
 for performance, and the County has given its written authorization to perform. Written
 approval for performance and compensation shall be granted by the Director of Public
 Works, or his/her designee.

 Scope of   Work

 The County Surveyor is planing on initiating work on a number of projects involving a
 retracement or remonumentation survey of major land division lines throughout different
 areas of the County. This would include Rancho lines, Sections lines, old subdivision
 lines, and the like. All surveys performed shall be performed using the Global
 Positioning System (GPS) to make ties to the California State Plane Coordinate System.
 A Record of Survey shall be recorded for all survey projects. Once the coordinates of the
 monuments are found and the surveys are recorded, the Geographic Information System
 Department (GIS) will be able to use that information in updating the County GIS
 mappmg.

 Compensation

 Compensation shall be as determined on a pre-authorized task-by-task basis according to
 the current billing rates of the Consultant as shown on Exhibit B.

 Ownership of Documents

 Title to all final documents, including drawings, specifications, data, reports, summaries,
 correspondence, photographs, computer software (if purchased on the County's behalf),
 video and audio recordings, software output, and any other materials with respect to work
 performed under this Agreement shall vest with the County at such time as the County
 has compensated the Consultant, as provided herein, for the services rendered by the
 Consultant in connection with which they were prepared.




41
                                                                                                             EXIBIT B

                                                                                                      0185
Robert L. DeWitt
and Associates, Inc.                             1607 Ocean Street - Suite 1
Civil Engineers & Land Surveyors 0               Santa Cruz, CA 95060
                                                 Telephone 831425-1617
                                                 Fax Number 831 425-0224
                                              o www.rldewitt.com




                               PREVAILING HOURLY RATE SCHEDULE
                                                As of January 1, 2011
                                                                                     Prevailng Wage
                                                                                     Public Agency
                            Employee Classification             Hourly Rate          Hourly Rate
                                     Principal Engineer         $ 200
                              Court Appearance or
                      Deposition (4 hour minimum)               $1,000
                                      Additional Hours          $ 200

                                 Associate Engineer             $ 158

                                Engineering Drafting            $ 100

                             Engineering Technician             $    75

                                     Principal Surveyor         $ 160
                                      Survey Manager            $ 130

                                     1-Man Field Crew           $ 125                    $150
                                     2-Man Field Crew           $ 210                    $240
                                     3-Man Field Crew           $ 235                    $295
                                        Survey Drafting         $ 100
                                     Survey Technician          $     75

                                                Clerical        $     50

                       Reimbursable/Direct Charge               cost + 15%

                                       Mileage Charge           44.5Ø I mile

                   SATURDAYS and HOLIDAYS                        1.5 x hourly rate
           By pre-arrangement at client's request




                                                                                                         41

				
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