Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Psomas 2022-08-26; Amendment 1 2023-06-01
Aug 3, 2023 Kristine Lawler (Aug 3, 2023 07:49 PDT) Kristine Lawler Aug 3, 2023 a Batanciny The Nalural and Suili EnvironfnRnt EXHIBIT 1 May 25,2023 Maya Simerson Email: msimersonQ?cityofiikiah.com Project Administrator, City Manager's Office Ph: (707)367-0699 City of Ukiah,300 Seminary Ave. Ukiah,CA 95482 Jesse Davis,AICF Email:jdavisLebcityofukiah.com Chief Planning Manager Ph: 707-463-6207 Department of Community Development 300 Seminary Avenue Ukiah,CA 95482 Subject: Rcqucst for Budget Amendment to provide additional Land Survey, Boundary Analysis and Mapping Services for the City ofUkiah's Western Hills Annexation; P23-0037(Rev.1) Hello Maya,Jesse: Per our Zoom meeting yesterday,I am providing this revised proposal to continue our anticipated support for preparing a"Metes and Bounds"legal description and an Annexation Boundary Map for the revised Western Hills Annexation Area project. This additional funding will enable Psomas to continue to provide services under the tasks noted in our most recent Purchase Order(COU#2223-107). All services and deliverables provided under this amendment will continue to be in full compliance with the LAFCo and State Board of Equalization(SBE) Standards as noted in Exhibit A. I am requesting additional funding in the amount of$9,860.00. 1 have based this estimate on the forecasted staff hours as reflected in Exhibit B. These are for the anticipated staff effort to perform ongoing coordination with the City of Ukiah and Utility Agencies, additional title and easement research and to perform revisions to the Metes and Bounds Legal Description and Annexation Boundary Map for the Western Hills Annexation. Upon receipt of an approved P.O., our Accounting Team will add this budget to the Project so when needed,we will be able to immediately begin work,as requested and directed to proceed with your authorization. If you have any questions or if additional information would be helpful,please feel free to contact me via voice or text at 805-503-3632, or via email at: lester.carter[dpsomas.coni 1410 Rocky Ridge Dr. Suite 300 Roseville,CA 95661 Tel 805-503-3632 W Ww.Psoma s.coal Ba la nc mg iho Mai ural an Glom Errvaon rri enl Sincerely, Lester E. "Les" Carter Jr_, PLS Survey Project Manager PSOMAS ATTACHMENTS: Exhibit"A"-Continuing Scope of Work Exhibit"B"-Psomas Fee Estimate Spreadsheet Exhibit"C"-Psomas 2023 Standard Rate Sheet Exhibit"D"-Exhibit showing current"Included Parcels" Exhibit"E"-Copy of COU 92223-107 1410 Rocky Ridge Dr. Suite 300 Roseville,CA 9SS61 2 1 P a g e Tel805-503.3632 www.Psomas.com Ba la nc mg iho Mai ural an skim Errvaonmenl EXHHIBIT `A' CONTINUING SCOPE OF WORK Psomas will provide additional services to the City of Ukiah related to twenty-six(26)parcels that will be described in one document for the purpose of annexing the parcels into the City of Ukiah through the Western Hills Annexation project. Per our communications, we understand our specific Tasks to be: PREPARE LEGAL DESCRIPTION AND ANNEXATION EXHIBIT MAP: Psomas will: 1. Research public documents pertaining to the now twenty-eight (28) subject parcels. 2. Compile and analyze the necessary reference documents to prepare a"metes and bounds" legal description in accordance with the applicable LAFCo and State Board of Equalization (SBE)requirements. 3. Prepare an updated"metes and bounds" legal description of the overall record boundary to include the above noted 28 parcels as shown on Exhibit D. 4. Perform revisions to the "Metes and Bounds"Legal Description and Annexation Boundary Exhibit Map drawing for the City's review and comments. 5. Revise the Legal Description and Exhibit B drawing based on the City's, LAFCO and State Board of Equalization review comments. 6. Provide updated AutoCAD, MS Word and PDF files of the above documents together with copies of all the reference documents compiled during the preparation of the legal description and Exhibit B drawing. DELIVERABLES: ■ The deliverables will include a Word Document and PDF file of the Legal Description and an AutoCAD Civil 3D 2018 or newer version of the .DWG file. • Four(4) prints of a full-scale Annexation Boundary Map showing the Western Hills Annexation Area. The Annexation Boundary Map shall be prepared to the County of Mendocino LAFCO and the State Board of Equalization specifications. • Five copies of an I 1" x 17" reduction and four(4) full size prints of the Annexation Boundary Map, and an electronic PDF file version. • Four(4) 8 '/2 x 1 i copies of the final Metes and Bounds Legal description of the Annexation Area to include an electronic PDF file version. • List of the confirmed twenty-six (26)Assessor Parcel Numbers within the Western Hills Annexation area in PDF and Excel file formats. • The Final Legal Description, Exhibit Plat, and List of Assessor Parcels shall meet the requirements for Written Geographic Description of the Project Area, Map(s) and List of Assessor's Parcel Numbers for the Project Area as contained in the State Board of Equalization Requirements will be followed in preparing each of the deliverables. 1410 Rocky Ridge Dr. Suite 300 Roseville,CA 9SS61 3 P a g e Tel805-503.3632 www.Psomas.corn Ba la nc mg iho Mai ural an skim Errvaonmenl FEE: Psomas' fee for the above proposed Scope of Work will be billed on a Time and Materials basis and is presently estimated at $9,860.00. This will be added to Psomas Project No. 6UKI010100 Task 1. Any additional fees will be pre-approved by the City and billed per Psomas Standard 2023 Rates per Exhibit"C". The above fees shall not be exceeded without prior authorization from the City of Ukiah. PROPOSED SCHEDULE: I will be able to submit a proposed schedule to the City once we have received any review comments either from the City, LAFCO or SBE. ASSUMPTIONS• The following assumptions are hereby stated for this Work: 1. All Work performed by PSOMAS will be based solely on the available Record Documents, i.e., Grant Deeds, Record Maps, Public Land Survey Records, and in the absence of available "Recorded" information, Tax Assessor's Ownership and Parcel Information. 2. The City will review and confirm that the included APNs, as noted on Exhibit"A"reflect all of the parcels to be annexed. 3. Psomas will be provided with copies of any additional land records held by the City that pertain to the current City Boundary. To the extent possible, the records will be provided in electronic format with file names indexed by APN or Record Map Number. 4. During the Work by PSOMAS, should it be deemed necessary and authorized by the City, PSOMAS will either be provided with current Preliminary Title Reports (PTR's) at the City's cost, or shall be authorized by the City to obtain PTRs with the additional cost being added to PSOMAS Task Order Amendment. EXCLUSIONS: The following services are excluded from the scope of this proposal. If any of the following services are required, Psomas will provide a separate scope and fee proposal for those services: I- No field surveying is anticipated or provided for in this Proposal_ 2. Performing, preparing or filing a Record of Survey Map. 3. Boundary Dispute Resolution or setting of any monumentation. 1410 Rocky Ridge Dr. Suite 300 Roseville,CA 9SS61 4 1 P a g e Tel805-503.3632 www.Psomas.aom • BaMnung fne NalutjI an BuoT EnvWonmEnl EXIHIBIT `B' LABOR ESTIMATE SPREADSHEET 0 0 0 o o o m 0 0 MSVI SM '^ v^ ry N w N ^ w N N y S1SO3 031VW I1S3 IV101 M .1S03IV.�MgwSaf18Wl3a a Stu e31nsuO] n pm C o 0 0 0 o 0 o o o S N e v m w n 6 o aj ta0 d 51503 13N NOSH M 1V101 O D N co N N N ~ v1 v1 of t4uj VL uj ma)3 AamnS uouod-Z M p � N 4 Q io=e�ysiu�wpy taaford � N z a F. iiaAanlnS F w o o a o Cr Q FI joAamns iM w O � F III3oAamnS Q h o Q 0 o S-1dJoAaun533a(Wd w z a a '^ �5�cueyy 13alvld N — er .f $ wAaAjnS lcdhuud O � N m k z Q z a } }J lL z U T 3 a D � y 2 m < E LL m 7 a D u ze V z O 00 a W o o w a s 2 c [� ❑ sn Y■ > > G m a a z L4 t' of --' W ¢ m Zwn a P E in p r y ¢ 0u ¢ d t^ m v in m n m rn F 1410 Rocky Ridge Or. Suite 300 Roseville,CA 95661 5 P a g e Tel805-503-3632 www.Psamas.com Ba la nc mg 1n8 Mai ural an Gki in Errvaonment EXHIBIT `C' PSOMAS 2023 NORTHER CALIFORNIA STANDARD RATE SHEET 2023 FEE SCHEDULE Northern California Survey and Geospatial Services SURVEY HOURLY RATES- IN-OFFICE SERVICES Effective from January 1,2023-December 31,2023 Intern/Survey Assistant $85 Project Assistant $104 Project Administrator $124 Surveyor 1/CADD Technician/Editor/CIS Technician $126 Surveyor I1/Compiler/LiDAR Extractor 1 $139 Surveyor II1/LiDAR Extractor I1/Photogrammetri5t 1 $150 Surveyor IV/Photogrammetrist II/Senior Programmer $160 Project Surveyor/Photogrammetrist $176 Senior Project Surveyor $197 Project Manager/Applications Manager $211 Senior Project Manager/Senior Applications Manager $243 Principal Surveyor,Senior CIS/1T Consultants` $263 Mobile Mapper Surveyor SURVEY HOURLY RATES- FIELD SERVICES One-Person Survey Party $202 Two-Person Survey Party $318 Three-Person Survey Party $450 Hourly rates for field survey parties include normal usage of survey supplies and vehicle expenses. Rates adjust per increase in prevailing rates on March 1st of each year. SPECIAL EQUIPMENT AND OTHER COSTS Mobile Terrestrial Laser Scanner $600 per hour REIMBURSABLES Mileage and parking expenses incurred by office employees are charged at cost.Prints,plot media,CDs,messenger service,subsistence, air travel,and other direct expenses will be charged at cost plus 10 percent.l'be services of outside consultants will be charged at cost plus 15 percent.Standard computer and technology costs are incorporated into the above hourly rates. The above schedule is for straight dine and includes overhead.(XerWme will he charged at 135 percent of the standard hourly rates Sundays and holidays will be charged at I70 percent of the standard hourly rates.Forensic services and inpert tesTinrnwry,including preparation,standby tinse,and depositions,will he charged at 200 percent of the sta►rdard hourly rates. 1410 Rocky Ridge Dr. Suite 300 Roseville,CA 95661 6 1 P a g e Tel805-503.3632 wow.Psomas.com Ba la nc ing iho Mai ural an Gkot Erwranmenl EXHIBIT `D' GRAPHIC EXHIBIT SHOWING INCLUDED PARCELS i i Is, � tea,Ir•. n+iari•ru• � l wxwrru(a Rrw'rfm I fler I f � r 1,14llorr� [nrnr MrMY(s Ra 3 City of Ukiah r j vol wac;a i w,vfri. I aru4.o ffe yr..( w1oA[+Gte s� Rrx�rAr�ty�aer+ � mloaoaro ao rn.w[a 5#1 i mrarOslero r+.NNf 1 frr(. So—rfrf. yFm+W+1 AgIFPAaa/[Mr =�• uwrfrM[r mlaia-fa4o mt lwwo rQ•l►q af+M Y.� ueper• @ y Notrrasea r]'ofP:i �,!•S•M ,S[•fn•[ .Sr•NN •7 As-u 3 +rIiSHlwr.r'CRAylSSWO11M aLL t"r, [rrnoM G a AWPA Ga 414AM RYW rsrur N. w••�•, _ GaaxSSs[[71[N fH.mpt ASAW X 13!S'.•.1 (f afARK faWaM fwtS4NAl1NN MealywrG• rsr eraar l7MPlv'70kiAfM ^ f[poMrnYsr +00r w1c r+uaarRu,r 65 I ftl�C4 is �•• a+ruur waw.r "AUM 11p (LA'JM l a? ` $DAMS+h +sr savnaEAM SMAi f Atwt[s4 Esr.s..r +111�+Rah rafflrO-"[� ..•li+raanrwrnA' RM'Vrrlr ,yTfy• faACJMIf faW.r lawr:[' rrY[N Mrl f/f[ !tt q 6Wl[CYIf nl uv N - .pfAryrf[f 1-A"A rR Ir RJSr. . 7afrA[RRDGEA rSFrfIFM 1 I 1 f aAGWSflit {ti _ .yrI I.l,u••r - �— -,ffipow") G M IN -0 3 Cs.• CAxr W%A AW 44lnl r(-,lf lln,,ll r FxvrAlt-1 R 41 l u.•f •"." i At%VOW. City of Ukiah Parr Rll;i M.-noted oth,V wI,■ R e101 Ant btnr A I.Wuh xJ141'( M Eder. Urns tIAOM.,mot sd luxmnss ASSESSOR'S f GILLS 1410 Rocky Ridge Or- Suite 300 Roseville,CA 95661 7 R a g e Tel805-503-3632 www.Psamas.com ■ Ba la nc mg iho Mai ural an Gkot Errvaonmenl EXHIBIT `E' COU #2223-107 1410 Rocky Ridge Or. Suite 300 Roseville,CA 95661 $ R a g e Tel805-503-3632 www.Psamas.com Scanned 9-2-2022 sou #2223-1 a7 6UK1010100 Task 5! AGREEMENTFOR PROFESSIONAL. CONSULTING SERVICES This Agreement, made and entered into this 26th day of ALgust, 2022 ("Effective ❑ate"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Psomas, a California Corporation, organized and in good standing under the laws of the state of California., hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts- a. City requires consulting services related to providing Land Survey and Mapping Services to prepare Metes and Bounds descriptior of the Western Hills Annexation Area in compliance with the LAFC❑ and State Board of Equalization (SBE) Standards. b, Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. G. City and Consultant agree upon the Scope-oaf-Work and Work Schedule attached hereto as Attachment "A'', describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.6 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services, Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within 45 working days from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitted to further compensat;on. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $19,888. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by C'tram 2271.107-Land Su rvcynr and AIapp ing 5vmce5 PAGE I Of 7 Cou #2223-1 Q7 Consultant to perform the Scope of Work as set forth in the attached Attachment A, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment A. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of Granges to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shalt be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Ternis of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority its City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- emptoyment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit Cuullid 2223-I07-Land Sunx)or vW 4[a}+ping$crvie¢s PAGR 2 OF 7 Cou #2223-107 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it waintafns its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance tinder this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1187) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability= $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Coa4ad 2223.1D7-Land Surwywr pmul Alappiny,SeMco PAM 3 OF 7 COS #2223-107 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the Stake of California and Employers Liability limits of$",000,000 per accident. 4. Errors and Omissions liability: $1,000.000 per occurrence, C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, o-ficiais, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it, c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. cf. The Consultant's insurance shall apply separateiy to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 0111wit 1 2227-f 07-Land SuivgoT and Mapping smi cc s I'AGB 4 OF 7 COU #2223-107 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final invoice for this project. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (36) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating, E. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted, All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured udder its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregcing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful Cowry Y 2223-107-Land Sv vow mill Mappin8 Services Mir.5 OF 7 COU #2223-107 misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, Including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Worst. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of COIISLlltant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. T3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. if any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7 8 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, terra, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party; 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party small notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of finds or CGatraa 2223-107-Land Swwyor and Mapping Scrv➢ct4s YAGCGOF7 COU #2223-107 abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any wont satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties, When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. &0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mall (certified or registered) addressed to the parties as follows: CITY OF UKIAH PSOMAS PURCHASING DEPARTMENT LESTER E. CARTER JR., PLS 300 SEMINARY AVENUE 11611 BLOCKER DRIVE, SUITE 200 UKIAH, CALIFORNIA 95482-5400 AUBURN, CA 95603 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT - PSOMAS SY: 8-26-2022 -- Date PRINT NAME: DAN FORGEY, VICE PRESIDENT 95-2863554 IRS IDN Number CITY OF UKIAH BY: 5.,5 Sep 2, 2022 SAGE SANGIACOMO Date CITY MANAGER ATTEST Sep 2, 2022 ,.:=.i . i{vleri5ep7,2[I7248r19PUT] CITY CLERK Date Co!rAv 2223.101—Land Surveyor and Mapping SeMccs PA(H 7 Of 7 ATTACHMENT"A" Balancing the Malufal and Built Environment August 4,2022 Maya Simerson Email; msimerson ci ofukiah.com Project Administrator Phone: (707) 367-0699 City Manager's Office P22-0099 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 CC: Jesse Davis, Planning Manager Email:jdayis(car7.cityofiikiah.com Subject: Proposal for providing Land Survey and Mapping Services to prepare a"Metes and Bounds" description of the "Western Hills Annexation Area" in compliance with the LAFCo and State Board of Equalization(SBE) Standards. Hello Maya: Per our communications last week and our follow-up call today, I am providing the following proposal to prepare the necessary documents needed to comply with SBE's standards for the Western Hills Annexation Area, For Tasks 1 through 8, 1 have prepared the attached scope of work and budget estimate based on our conversations and review of the subject area. The area in question is identified on Exhibit"A". The subject annexation area includes twenty-six(26)assessor's parcels as listed in Exhibit"B'. My estimated fee for the services for Tasks 1 through 8 is$19,889. This is itemized by anticipated tasks in Exhibit "C". This includes preparing a "Metes and Bounds" legal description and Annexation Exhibit Map in accordance with LAFCo and State Board of Equalization requirements for the perimeter of the subject area and showing the subject and adjacent APN's, Upon receipt of an approved P,O., we can begin the subject Work immediately and I anticipate completion of the Work within forty-five (45) working days of receipt of an executed P.O. for the Task Amendment,which will serve as our Notice to Proceed. 13684 Blacker Dr.,Suite 200 Aohurn,CA 95893 TelB05-503-3B32 www.Psomas.com 8a Ian eing lne Ha to131 and ndIII En"onmens Please feel free to contact me via voice or text at 805-503-3532 or by email at lester.carter mpsomas.corn with any questions you may have. Sincerely, PSOMAS � .11L>Lk' Lester E. Carter Jr., PLS Project Manager ATTACHMENTS: "Scope of Work Statement!' Exhibit`A' -Anmexation Area; Included APN's Exhibit `13' -List of 26 APN's to be included in the Annexation Exhibit `C' -Psomas Fee Estimate Spreadsheet. Exhibit `D -Psomas 2022- 2023 Standard Rate Sheet 11851 Blocker Dr.,Sul to 200 Auburn,CA 85803 Tel 805-503-3632 2 1 P a g e www.Psomas.com 11alanUng the MalufaI and 6ui11 Emnronment SCOPE OF WORK Psomas will provide the following services to the City of Ukiah related to twenty-six (26) parcels that will be described in one document for the purpose of annexing the parcels into the City of Ukiah. Per our communications, we understand our specific Tasks to be: PREPARE LEGAL DESCRIPTION AND ANNEXATION EXHIBIT MAP: Psomas will: 1. Research public documents pertaining to the twenty-six(26) subject parcels, 2. Compile and analyze the necessary reference documents to prepare a"metes and bounds" legal description in accordance with the applicable LAFCo and State Board of Equalization (SSE)requirements. 3. Prepare an Exhibit showing the overall record boundary that complies with SBE requirements. 4. Prepare a"metes and bounds" legal description that describes the overall record boundary. 5. Submit a preliminary copy of the"Metes and Bounds"Legal Description and Exhibit Map drawing for the City's review and comments. 6. Revise the Legal Description and Exhibit B drawing based on the City's review comments. 7. Provide AutoCAD, MS Word and PDF files of the above documents together with copies of all the reference documents compiled during the preparation of the legal description and Exhibit B drawing. DELIVERABLES: • The deliverables will include a Word Document and PDF file of the Legal Description and an AutoCAD Civil 31)2018 or newer version of the .DWG file. • Five prints of a full-scale proposal neap showing the affected territory and its relationship to the affected jurisdiction, prepared to the County of Mendocino and the State Board of Equalization specifications. Include an electronic PDF file version. • Five copies of an 8.5" x 11" or 11" x 17" reduction of the proposal map in an electronic PDF file version. • Three copies of a metes and bounds description of the affected territory, include an electronic PDF file version. • List of the confirmed twenty-six (26) Assessor Parcel Numbers within the project area in PDF and Excel file formats. • The Legal Description, Exhibit Plat, and List of Assessor Parcels shall meet the requirements for Written Geographic Description of the Project Area, Map(s) and List of Assessor's Parcel Numbers for the Project Area as contained in the State Board of Equalization Requirements will be followed in preparing each of the deliverables. 11661 Blocker❑r.,0Ote 200 Auburn,CA 95603 Tel 505.503-3632 3 P a g e www.Psomas.00m 8alanCIng the kanlfaI and 13oin Environment FEE: Psomas' Fee for the above proposed Scope of Work will be billed on a Time and Materials basis and is estimated at 19,888.00. Any additional Task fees will be pre-approved by the City and billed per Psomas Standard 2022 Rates per Exhibit "D". The above proposed fees shall not be exceeded without prior authorization from the City. PROPOSED SCHEDULE: Psomas has anticipated 45 working days to perform the above scope of services. The City has indicated that this would be an acceptable tinieframe for receiving final deliverables. After reviewing the updated scope of work, I a1n proposing a schedule of submitting the preliminary documents to the City not later than forty-five (45) working days after receiving an Executed Purchase Orden from the City. It is important to note that meeting the above deadline for completion of the Work is dependent upon multiple factors, some of which are out of Psomas or tine City's control, We are in a position to begin work within five (5) days of your formal Notification to Proceed, however, having all work completed will be contingent upon the date we are authorized to begin work and being able to obtain the City's records for the subject APN's. ASSUMPTIONS• The following assumptions are hereby stated forihis Work: 1. All Work performed by PSOMAS will be based solely on the available Record Documents, i.e., Grant Deeds, Record Maps, Public Land Survey Records, and in the absence of available "Recorded" information,Tax Assessor's Ownership and Parcel Information. 2. The City will review and confirm that the included APNs, as noted on Exhibit "A" reflect all of the parcels to be annexed. 3. Prior to commencement of Work,Psomas will be provided with copies of all land records held by the City that are relative to the current city boundary. To the extent possible, the records will be provided in electronic format with file names indexed by APN or Record Map Number, 4. During the Work. by PSOMAS, should it be deemed necessary and authorized by the City, PSOMAS will either be provided with current Preliminary Title Reports (PTR's) at the City's cost, or be authorized by the City to obtain PTRs with the additional cost being added. to PSOMAS Task Order Amendment. EXCLUSIONS: The following services are excluded from the scope of this proposal. If any of the following services are required, Psomas will provide a separate scope and fee proposal for those services: 1. No field surveying is anticipated or provided for in this Proposal. 2. Performing, preparing or filing a Record of Survey Map, 3. Boundary Dispute Resolution or setting of any monumentation. 11861 B[ocker dr.,Suite 200 Auburn,CA 95603 Tel 805-503.3632 4 P a g e w ww.Psomas.com HXancu:g17ic NaIuralaad fluid Em ranrncnl EXIHIBIT `A' ANNEXATION AREA- 26 APN'5 ATTACHMENT 1 - APN EXHIBIT } 156140 aI { j56-il/.�4 I 157!OdEAGFR j N+i ORFAGIR IIONNIEt F7FE1 : L 8olow ITEFF I I g I 's;6-i4o•tg �7�faw d I` GIYOr INrMArfSRa � b � __ IfICfAIi EHE; ANNEM FlUS i City of uklall I � oo3n[o•csa �RR eol•v+adf aaiaFo-cca =;G•�;noJ �S6•!;a•o� F 6 4 RUFFGRAYl1fN aalaia-G7-0 LY7lOYFR�ER N7[OaFRGER I Oo1G1MI0 ORA V rlMh1O BaRNA`L f rCEa G YONYrf L flff 1 � y OOf ga V '� .tea u�v 11 yYLRRA RU8ER1 'F W1410.104" 4r 003.1904)94) 1 ip°�4 s^ p � tEutuela p03•!sP900 '� 1S>al�l I 33' 157-DRM2 1S703006 1SEtiTae3 1S7-v)oa+ F-llFt3r1 S GRAYESSIFPNE7r l'rPAVES S WHEN ELLISGV R14fAlY G&AIARIA GRMAif1A il'W 1STs�a•v 1 GRAYfSS7tPHtN 1S7 c3a� =S7 036 05 Iv-040•1) 48 MARlA MOW( GASKPJIOHr! u` MOO RIS ING IV 060 of FNo7APSONBIfrr MOOVTR05F N!R!!SWIS � M13L1717RCIS1 +11 9ea a; OMOF MAN t57�J 091-a00-N oaj.laaso oRDOxi eeoml! 1YR7GFIF -- CtA LIVE EW CLAM LI# JQJINI!IJ sruFs4+A7r � JFRRrslq 15F-1F/A1 +57'+70•0; 1;�-15ve1 5EN PI's I KAflR[RROGfR WA[LSCr/4fOPHFR OROOREClAl1pF 1 N JfRRYS/; liAG7rF5E F&WI1 LaJArnrtt GAR 3 NI RICK L WE !sr SA oS GIIRFCN[E � if F-lje+7 WARREN 1S7.14o•18 , 1WFrRFRROGFR 1vsE+rrl+ yy � ';J•16e•+n y� 1SJ•lIo of _.L RAGNFSE 1 116500NNA — AxrCm�orlAs - -- --- -- EYA L ,city CASE:AH%7f121-flflrll i im,WlJm it. a rn 746o14.1 iAYNER:I ILA 1.Dav id AM:YAtlai% _Cltyof Ukiah Parcels;Unless nosed otherwise 6 A 171 09S YEn AIYC P Crly of tlklnh AUNI:Oily of IJW1% �j Owner/Amasnoted A[IDRFSS:►v,•1k•ill I ASSESSOWS PAKCELS I ieei Blacker Dr.,Suite 2oD Aubum,CA 95843 r 5 1 P a g e www.Psomas cam 1341snckng the Nalurat and Still?Enreanmem EXHIBIT `B' APN LISTING ❑F THE 25 ANNEXATION PARCELS ATTACHMENT 1 "WESTERN HILLS" ANNEXATION -APN LISTING Prepared 8/3/22 by Les Carter Jr.,PL5 PSOMAS Project Manager,Cell:805-503-3632 CUR RENT APN FROM PRIOR APN FROM CITY OF UKIAH LANDVISIONfTAX CIS OWNER NAME SITE AODR SITE CITY SITE STATE SITE ZIP 001-041-01 001-040-52-00 WERRA,ROBERI J UKIAH CA 95462 001,041.02 001.040.65.00 HUFF,GRAYDEN DRAY 500 LOOKOUT DR UKIAH CA 95482 001-041.03 001.040.66.00 REIMAN,AMANDA 4 LOOKOUT DR UKIAH CA 95482. 001.041-04 001-040-67,00 REIMAN,AMANDA 3 LOOKOUT DR UKIAH CA 95482 001.041.GS 001.040-68.00 WERRA,ROBERTJ 2 LOOKOUT DR UKIAH CA 95482 001-041.06 001.040.69.00 WERRA,ROBERT J 415 HILLVIEW AVE UKIAH CA 95482 001.011.07 001.040-06.00 WERRA,ROB£RT 1 415 HILiV4EW AVE UKIAH CA 95482 001.040.81.00 001.040.81.00 EDWARD,WILLIAM 335 JANIX UMAH CA 95487 001.040.93.00 001.040-83-00 CITY OF UKIAH UKIAH CA 95482 001.420.40.00 001.420-40.00 BELTRAMI,RO8FRT R 145 MENDOCINO PL UKIAH CA 95482 003.110.90.00 003.110.90-00 NOGUERA,ADONIS 620 REDWOOD AVE UKIAH CA 95482 003.190.09.00 003.190 09.00 NOGUERA,ADONIS 620 REDWOOD AVE UKIAH CA 95482 003-190.13.00 003-190-13-00 CITY OF UKIAH UKIAH CA 95482 003-190-14-00 003-190.14-00 CITY OF UKIAH UKIAH CA 95482 157.030.02.05 157.030.07--05 CITY OF UKIAH UKIAH CA 95482 157.030.03.0E 151.03D•03.05 CITY OF UKIAH UKIAH CA 95482 157-050.01-05 157-050-01-05 CITY OF UKIAH UKIAH CA 95482 157-050-02-05 157-050-02.05 CITY OF UKIAH UKIAH CA 95482 157-050-03 1S7-050-03 CITY OF UKIAH UKIAH CA 95482 1S7-050 04 157-050-04-05 CITY OF UKIAH UKIAH CA 9S482 1S7.050.09.00 157-050.09.00 CIIY OF UKIAH UKIAH CA 95482 157.050.11.00 157.050.11.00 CITY OF UKIAfi UKIAH CA 95482 157.050-12.00 157.050-12-00 CITY OF UKIAH UKIAH CA 95482 157 060 42 05 157-060-02.05 CITY OF UKIAI I UKIAII CA 95482 157.060.03.00 157.060.03-00 CITY OF UKIAH UKIAH CA 95482 157-070.OS-00 157.070.05.00 CITY OF UKIAH UKIAH CA 95482 11661 Blacker Dr.,Suite 200 Auburn,CA 95603 Tel 805.503.3632 6 1 P a b e www,Psomas.com • r GalancIng the Halural and bum EnrWonmeni EXHIRT`l' C' PSOMAS FEE ESTIMATE SPREADSHEET MSV1 aid S1SDO-11d1d1 s3laysanervlaa 9Luo11muo� SLSOD 13Nr10Sd! d 1V10A x �' N z g butyl ny,u,SvNny+ loluj]slulu py pP�Olsj g z Q ,olo—s Vl N J Ill JoAamnS n V7 W ll jool"GoalJO4 uI15w3 UB.500 w ill Q �oau�Gu�,aa ulGu�L7J�OId y� Y W Q �oGauelV 17a{v�d a try - U M M o 0 V Q � ♦Y 00 d u x t U) w ❑ x lu V W z oa[ O LL C1 .� x W a z ❑ c� f ci o n Q m a a x [� F- x w � qW� o b N V J Q w NCL y Q x u a a LL a a Q a � ° r 11661 Blocker Dr.,Suite 200 Auhum,CA 95603 Tel005-503-3632 7 P a g e www.Psamas.com • � a IlaIaflcIng the Natural and 8 W h Enmonmeet El xHiBiT 'D' FEE SCH EDULE LAND S lrR17EYL G AND AUPPII`G SERN'I C:ES NORTHFRiffCALIFORhIA Effective March 1,2022 thru February 28, 2023 Hourly Rates OFFICE SERVICES �_~ - $ 100.00-project assistant $ 120-00-project adaussistrator $ 32-00-iatenVsurvey assistant $ 122-00-surveyor FCADD techaicianleditor/GIS technician S 134.00-surveyor Illcorttpiler/LiDAR extractor I $ 143-00-surveyor IL1/LiDAR extractor II/photograwmetrist I $ 152-00-surveyor Wlphotogranunetrist Wsenior programmer $ 155.00-project si"rey©r Uphotogranunetrist III $ 165.00-project surveyor IIlphotog+ammetrut RT $ 174-00-project suu-veyor III $ 190.00-project surveyor W/project manager I S 196.00-project utanager II $204.00-project manager]II/applications manager $235.00-project r]L'utager IV/senior applications manager $254.00-principal surveyor;senior GIS/IT consiultantimobile mapper sureyor FlELL.D SERVICES $ 194.00*- one-person sunveyp." $300-00*- two-person suaieypart_y $426.00*-three-person sur%ey party *Hourly rates for field stun-ey pasties include normal usage of stutiey supplies and vehicle expenses.Rates adjust per increase in prevailing rates March 1 of each year. SPECIAL EQU1PNIE'NT AND OTHER COSTS Mileage and pasicing expenses incurred by office employees are charged at cost.Prints_plot media,CD's, nteasenger sen ice,subsistence,air travel, and other drect expenses will be charged at cost plus ten percent.The seivices of outside consultants arill be c1mrged at cost plus fifteen percent Standard conVitter and technology costs are incorporated into the above Hourly rates. $50.00 per hour-Static Terrestrial Laser Scanner $600.00 per hour—Mobile Terrestrial Laser Scanner The above schedule is for straight time and includes cnwhead.dt-er•time will be charged at 135 percent of the standard hourly rates-Sundays and holidays will be charged at 170 percent of the standard hourly rates.Forensic services and expert testimony,including preparation,standby time and depositions,will be charged at 200 percent of the standard homly rates- 11661 Blocks Or„SuIte 20a Auburn,CA 95603 p g Tel805.503.3632 www.Psomas.com