HomeMy WebLinkAboutCC Resolution 26-13404 - Consultant Services Agreement with GUIDARESOLUTION NO. 26-13404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AND AWARDING A CONTRACT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSULTANT SERVICES AGREEMENT WITH
GUIDA FOR CITY SURVEYOR SERVICES
WHEREAS, the current contract for City Surveyor Services will expire on June 30, 2026; and
WHEREAS, the Subdivision Map Act requires a California licensed land surveyor to review and sign
all subdivision maps as the City Surveyor; and
WHEREAS, the City utilizes consulting services for the purpose of reviewing and signing parcel and
tract maps by a licensed land surveyor acting as the City Surveyor; and
WHEREAS, additional land surveying services may be required on an as needed basis; and
WHEREAS, the City has adopted a Housing Element requiring approximately 3,000 new housing
units, and the State of California has passed significant additional pro -housing legislation (SB 9, SB
330, SB 684/SB 1123), resulting in increased subdivision map activity, necessitating the need for
increased City Surveyor services; and
WHEREAS, City Surveyor Services are evaluated using a Request for Proposal process that
evaluates the experience, quality, timeliness, and cost, and awards the contract to the consultant
providing the best value to the City, and
WHEREAS, GUIDA was found to be the most qualified for the work; and
WHEREAS, the contract is structured as a multi -year agreement, permitting additional years of service
beyond the initial two-year term, for up to three optional one-year extensions, contingent upon
satisfactory performance and at the City's discretion.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby
award and approve contract for City Surveyor Services to GUIDA in an amount not to exceed
$250,000; and authorize the City Manager to execute the consultant services agreement for a period
of two (2) years with options to renew annually for up to a total of five (5) years. Each additional one-
year extension would be authorized to increase the agreement amount by $125,000, adjusted annually
per the Consumer Price Index for the San Francisco Bay Area as of the month of May of that year,
plus an additional 15% contingency as necessary based on projections of application trends for future
years.
PASSED AND ADOPTED this 16th day of June, 2026 by the following roll call vote
AYES: Councilmembers: Lopez, Hines, Scozzola, Bybee, Furtado
NOES: Councilmembers: None
ABSENT: Councilmembers: None
AP ROV D: '
Daniel E. Furlado, Mayor
ATTEST:
(1/0, ��/v 1? /"
Andrea San rs, City Clerk
I,1 N' QF (.:. NI P131,1 ,I.
CONS T,I- NT St�,12�'ICI�.S AC4JJtEMENT
'Phis Agree vent is cntcred into at Campbell, California on the �_ day of A W
2026. by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and GUI A
(hereinafter referred to as "Consultant").
WHEREAS, City desires to obtain consulting services for the purpose of reviewing
subdivision maps and assigned as City Surveyor for said neaps; and
WHEREAS, Consultant represents that it has the expertise, means, and ability to perform
sa i d reviews and City Surveyor assigytttnent;
NOW, THEREFORE, in consideration of each other's mutual proiniscs, Consultant and
City agree as follows:
f. DUTIES OF C NSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services,
attached hereto and incorporated herein by reference, and which shall be interpreted together and
in harmony with this Agreement. In the event of any conflict between Exhibit A and this
Agreement, this Agreement shall govern, control, and take precedence.
1.2 Consultant's project manager will meet with the C'ity's project coordinator prior to
commenccnicnt of the project to establish a clear understanding of the working relationships,
authorities, and management philosophy of City as it relates to this Agreement.
1.3 Consultant, working with file City, will gather available existing information
concerning the project, and shall review doCl►mcnts as necessary for compliance with the. project's
objectives.
1.4 In performance of this Agreement by Consultant, ti me w i I I bc, of tile essence.
1.5 Notwithstanding Section 1.4, Consultant shall not be responsible For delay caused
by nctivit►es or factors beyond Consultant's reasonable control, including delays or by reason of
strikes, work slow -downs or stoppages, or acts of Clod.
1.6 Consultant agrees to perform this Agreement in accordance with the highest degree
of skill and expertise exercised by members of Consultant's profession working on similar
projects under similar circumstunc:es.
I. 7 Consultant shall cooperate in good faith with City in all aspects of the
perforunance of this Agreement.
1.8 In the course of the performance of this Agreement, C'011Sultant shall act in the
C'ily's best interest as it relates to the project.
1.9 All activities ofC'onsultant, its employees, subcontractors and/or agents will be
carried out In compliance with all applicable federal, state, and local laws and re(*ulativns.
1.10 The designated project manager for Consultant shall be Lisa Spivak. The
Consultant's projcct manager shrill have all the necessary authority to direct technical and
professional work within the scope of the Agreement and shall serve as the principal paint of
contact with the City and the City's projcct coordinator. The authorized principal of Consultant
cxecuting this Agreement for the Consultant shall have authority to make decisions regarding
changes in services, termination and other platters related to the performance of this agreement
on behalfof Consultant.
1 .11 The Consultant (and its employees, agents, representatives, and subconsuttants), in
the performance of this Agreement, shall act in an independent capacity and not as officers or
officials or employees or agents of the City. The City shall not direct the work and means for•
accomplishment of the services and work to be performed hereunder. The City, however, retains
the right to require that wort: performed by Consultant meet specific standards consistent with
the requirctilent5 of this Agreement without regard to the: manner and means of accomplishment
thereof. Subcontractors shall assume all of the rights, obligations and liabilities applicable to it as
an independent contractor hereunder. Consultant represents and warrants that it (i) is fully
experienced and properly qualified to perform the class of work and services provided for herein,
(ii) has the financial capability and shall finance its own operations required for the; performance
ofthe work and services and (iii) is properly equipped and organized to perform the work and
services in a competent. timely and proper manner in accordance with the requirements of this
A(frectnent. Consultant agrees to comply with ABS, codified at Labor Code section 2750.3, and
shall indemnify, defend and hold harmless the: City, its officers, officials, directors, agents'
representatives, volunteers, and employees against any claim or liability. including attorneys' fees
and costs, arising in any manner related to this Agreement that an employee, agent or others under
Consultant's supervision or control was misetassified.
1.12 This Agreement contains provisions that txrniit mutually acceptable changes in the
scope, character or complexity of the work if such changes become desirable: or necessary as the
work progresses. Adjustments to the basis of payment and to the time for performance of the work,
if any, shall be established by a written contract ame:ndmcnt (approved and executed by the City)
to accommodate the changers in work,
2. DUTIES S OF CITY
?. I City shall furnish to Consultant all available and pertinent data and information
requested by Consultant to facilitate the preparation of the documents called for in this
Agreement. Consultant shal I be entitled to reasonably rely on accuracy and completeness of such
information, provided that Consultant shall make any additional investigation reasonably
necessary to confirm such information and provide City prompt written notice of any known or
discovered defects in such data and inflorrnatir,n.
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2.2 City shall provide contract radministration services. City shell notify Consultant of
required administrative procedures rind shall nanic representatives, if any, authorized to act in its
bchtalf
2.)' City shell rcVicw cloCLtments submitted by Consultant find shall icmler dectsiotis
pertainin rr thereto as promptly as reasonably possible.
3. COMPENSATION
I. l For the full performance of the services described herein by Consultant, City agrees
to conipc;risate Consultant for all services and direct costs associated with the performance of the
project its ,in amount not to exceed $250,000.00 as follows:
it. Once each month. Consultant shall submit for payment by City, an. itemized invoice for
services performed during the previous billing period. The invoice shall describe the services
rendered and the title of the item of work, and shall list labor hours by personnel classification.
Said invoice Shall be bused can all tabor and direct expense charges made for work performed oil
the project. Labor charges shall be: in accordance with the fee schedule round in Exhibit A of
this Agreement. City shrill pray Consultant for services rendered and approved by the City within
A drys fi-oni the date the itemized invoice is received by the City, subject to the maximum nit to
exceed amount specified above and the City's right to object.
b. Direct costs are those outside costs incurred on or directly for the project, and
stibstanti.ated with invoices for the charges. Direct expenses include printuip reproduction, and
delivery charges.
3.2 1f C'onsulttam incurs other costs which are not speciticrally covered by the terms of
this Agreement, but which the necessary for performance of Consultant's duties, City may approve
payment lur said costs if authorized in writing by the; City in advance:.
3.3 C'ity may carder changes in the scope or character of services in writing, including
decreasing the amount of Consultant's services. In the event that the work is decreased, Consultant
is entitled to full compensation for all services performed and expenses incurred prior to receipt of
notice of change. Under no conditions shall Consultant make any changes to the work, either as
additions or deductions, without the prior written order of the City. In the event, that the City
determines that a change to the work or services from that specified in this Agreement is required,
the contract time and/or aCtual costs reimbursable by the City for the project may be adjusted by
contract amendment or change order to accommodate the changed work. The maximum not to
exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless
authorized by written contract amendment or change order, approved and executed by the City.
Consultant shall obtain prior written approval for a revised fee schedule trom the City before
exceeding such fee schedule. Only City's authorized representative(s) is authorized to approve
changes to this Agreement on behalf of City.
3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any
cartes that exceed the rates for set forth i n (lie fire schedule found in Exhibit A.
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3.5 Consultant agrees that the payments to Consultant specified in this Article 3
(Compensation) will constitute full and complete conipcnsation for all obligations assumed by
Consultant under this Agreement. Where conflicts regarding compensation may occur, the
provisions of this section apI)ly.
4. SUBC0NSULTA NTS
-4.1 Co ,uhani may not subcontract any services required under this Agreement
Without the I)rlor \\ rillen consent of the City.
4.2 Consultant shall be responsible to City for (lie performance of any and all
subconsuRants who per.forrn work under this contract, and any acts of negligence or misconduct
Oil their I)ZAH. CotlSUltallt is solely responsible for all payments duc to subconsultants.
4.3 Consultant shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated licrein, including naming the City of Campbell, its officers,
officials, directors, agents' representatives, volunteers, and employees as additional insureds. Any
modification to the insurance requirements for subcontractors must be agreed to by the City in
Writing.
4.4 1fat any time. the City determines any subcontractor is incompetent or undu'ilIf*icd,
C011SUIL1{ir will be notified and will be expected to immediately cancel the sul-)e0ntrr.►Ct.
5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drarwings, documents, papers, data, materials, photographs, negatives and other work
products prepared by the Consultant and/or its Subconsultants in the performance of the services
encompassed in this Agreement (whether in printed or electronic format) ("project -related
documents and materials") shall be the properly of the City and may be used on this project
without the consent of the Consultant or its subcontractors. City acknowledges that such
drawings, documents, and other items are instruments of professional services intended for use
only on the subject project. Consultant agrees that all copyrights which arise: from creation of the
Project -related documents and materials pursuant to this Agreement shall be vested in the City
and waives and relinquishes all claims to copyright or other intellectual property rights in favor
of the City. Any project -related documents and materials related to this Agreement shall be
confidential, not to be used by the Consultant on other projects or disclosed to any third party,
except by agreement in writing by the City, or except as otherwise provided herein. Upon the
completion or termination of this Agreement for any reason, the City shall be entitled to receive,
and Consultant shall promptly provide to tile City upon request, all 1-mished and unfinished
projecl•rclarted documents and materials, produced or gathered by or on behalf of Consultant than
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are in Consultant's possession, ct.tstody ot- control. Consultant may retain copies of said
documents and materials for its tiles. In the event of termination, ally dispute regarding
compensation or damages shall not 11I11CICI', prevent, or otherwise impact the City's right to
promptly receive and use ,such documents and materials which arc: the sole and exclusive property
of the City.
6. TERMINATiON
6.1 Notwithstanding any other provision of this Agreement, City may terminate this
Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to
Consultant not less than tbirt�,,- I...(20) calendar days prior to an effective termination date. In the
event of such termination, C 011SUltant shall have the right and obligation to immediately assemble
the work then in progress 1101- the purpose of completing the work and turning over all materials
and documents to City.
6.2 In the eVcnt of such termination, Consultant steal l be compensated for till work and
services performed to the point of termination in accordance with the payment provisions set forth
in Section 3.1, unless the termination is for cause, in which evetit Consultant need be compensated
only to the extent required by law.
6.3 Upon notice of termination by City, the Consultant will immediately act to not
incur any additional obligations, costs or expenses, except as may be reasonably necessary to
terminate its activities. All finished or unfinished work or documents procured or produced under
the Agreement will become property of the City upon file termination date. In the event of
Consultant's failure to perform pursuant to the Agreement, the City reserves the right to obtmll
services elsewhere and Consultant will be liable for the difference between talc prices set ford~ in
the terminatcd Agreement and the actual cost to the City. Termination of the Agreement pursua»t
to this paragraph shall not relieve the Consultant of airy liability to City for additional costs,
expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to
the Agreement. City may withhold any payments to Consultant for the purpose of set off' until
such tinge as the exact atuount of damages due City from Consultant is determined. After the
effective date: of termination, Consultant will have no further claims against the City under the
Agreement. No ether compensation will be payable for anticipated profit on unperformed services.
7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and
records relating to its performance under this Agreement for a period of three years following
acceptance of the final study.
S. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race,
religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical
condition, disability, anccstry, organizational affiliation, military or veteran status, or
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any other consideration tirade unlawful by local, State or Federal law, of ally employee of, or
applicant for employment with, such Consultant or subcontractor. City requires Consultant to
comply with all applicable Federal and State and local equal employment opportunity laws and
regulations.
9. INSURANCE AND INDEMNIFICATION
9.1 With respect to any design professional services provided by Consultant, the
Consultant agrees to indemnify, and hold hariiiless the City, its officers, and employees to the
fullest extent allowed by law from any and all Claims, actions, causes of action, damages, liabilities
and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, except for any claims, actions, causes of action, losses, daniages or
liabilities proximately Caused by the sole negligence: or willful misconduct of City. City shall not
be liable for Picts of Consultant in performing services described herein. Notwithstanding anything
in this paragraph to the contrary, any defense costs charged to the design professional under this
paragraph shall not exceed tilt; design professional's proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of del'cilsc costs
due to bankruptcy or dissolution of the business, the design professional shall meet and confer
with the other parties regarding unpaid defense costs ill (rood faith effort to ,agree on the allocation
of those costs amongst the: parties, and
b. Where a project -specific general liability policy insures all project participants for
general, liability exposures on a primary basis and also covers all design professionals for their
legal liability arising out of their professional services on a primary basis, then there shall be no
limitation oil the design professional's duty to provide a defense and cover the City's cost of
defense.
With respect to all matters other than those covered by the foregoing paragraph, Consu I tint
agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless
the City, its officers, officials, directors, agents representatives, volunteers, and employees to the
fullest extent allowed by law from and against any and all claims, actions, causes of action, losses,
damages, liabilities and costs of every nature, including attorneys' fees and costs (collectively,
"Losses") including but not limited to all claims, actions, causes of action, losses, damages,
liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused
by or arising out of, or alleged to have been caused by or arise out of, in whole or in part,
Consultant's performance under this Agreement, except for any claims, actions, causes of action,
losses, damages, costs or liabilities proximately caused by the sole negligence or willful
misconduct of City. City shall not be liable: for acts of Consultant in performing services described
(lcrein.
In no event shall this section be construed to require indemnification by the Consultant to
a greater extent than permitted under the public policy of the State of California, and in the event
that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity
provisions shall not apply to any liability for the active negligence of the City.
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The defense and indemnity provisions obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by the insurance obligations contained in this
Agreement. 'IThc Coregoing indemnity provisions are intended to fully allocate the partics'risk
of liability to third -parties; and there shall be no rights to indemnity or contribution, in law
or equity or o1 herwise betwecli the parties that are not set forth in this section. Consultant
waives all rights to subrogation for any matters covered by the provisions of this section.
Consultant's responsibility for such defense and indemnity obligations as sct forth in this
section shall survive the termination or completion of this Agreement for the full period of
time allowed by law.
9.2 C0115ultant shall maintain insurance conforming to the fallowing; specifications
to the fullest amotmt allowed by law for a minimum of three (3) years following the
termination or completion of this Agreement:
A. Types of Coverage
The policies shall afford the Iollowing types of coverage:
1. Commercial General Liability;
2. Automotive:
3. Workers' Compensation and Employer Liability; and
4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. For Commercial General Liability: Insurance Services Office (ISO)
CGL Form Ott 01 11 35; and
2. For Automotive Liability: ISO CA 04 01 06 92 including symbol l(aiiv
atrto); and
3. For Workers' Compensation: insurance as required by the Labor Code
of the State of California and Employer's Liability insurmice; and
4. For Professional Liability and/or Errors and Omissions: insurance
covering 0 nzgligence committed by or on behalf of Consultant in
rendering services to City.
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C. Minim in L,inyits of lnsurasice
Consultant shall maintain limits no less than:
1. General Liability: S1,000,000 combined single lii»it per occurrence for
bodily, personal injury and property damage. If Commercial General Liability
ltlSUI-anCe or other form with U general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 cornbincd single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability: Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident. The Worker's Compensation
policy roust be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Consultant and its employees.
4. Professional Liability and/or Errors and Omissions: S1,000,000 per
claim and $2,000,000 in the annual aggregate.
The limits of insurance required in this Agreement may be satisfied by a comblilati011
of primary and Umbrella or excess insurance. Any umbrella or excess insurance slia 11
contain or be endorsed to contain a provision that such coverage shall also apply on :l
primary and non-contributory basis for the benefit of City (as agreed to in this
Agreement) before the City's own insurance or sell=insurance shall be called upon to
protect it as a named insured.
D. I)e(luctihlc .ind Self -insure(/ Retention
Any deductibles or self -insured retention must be declared to and approved by
the City, and shall not reduce the limits of liability. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or sell -insured retention as
respects the City, its agents, officers, attorneys, employees, officials and volunteers; or
the Consultant shill procure a bond guaranteeing payment of losses related to
investigations, claim administration. and defense expenses. Policies containing any
self=insured retention provision shrill provide or be endorsed to provide that the self -
insured retention may be satisfied by either the named insured or the City.
E. Other Insurance Provisions
The policies arc to contain, or be et3do scd to contain, the following provisions:
1. (1c11e1-J1 01"Id AMOMObilc 1_iat?ilityCoverage:
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a. The City, its agents, officers, attorneys, employees, officials and
volunteers are to be covered as additional insureds as respects: liability arising
nut of this Agreement performed by or on behalf of the Consultant, products
and completed operations of' the Consultant, premises owned, occupied or used
by the ConSUltalnt, or automobiles owned, leased, hired or borrowed by the
Consultatnt. It is a requirel11ent of this Agreement that any available insurance
proceeds broader than ur in excess of the specified mm l mum insurance
coverage requirements and/or limits set forth in this Agreement shall be
available to the City as an additional insured. Furthermore, the requirements
for coverage and limits shall be (1) the minimum coverage limits specified in
this Agreement, or (2) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the named insured, whichever
is affords greater coverage.
b. The Consultant's insurance coverage shall be primary insurance
as respects the City, its agents, ofticers, attorneys, employees, officials and
volunteers. Any insurance or sch'-insurance maintained by the City, its agents,
officers, attorneys, eniployces, officials and volunteers shall be excess of the
Cuntiultant'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 agents, officers, attorneys,
employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought except with respect to the limits
of the insurer's liability.
?. Workers' Compensation and Employer's Liability Coverage: The
insurer shall agree to waive all rights of subrogation against the City, its
agents, officers, attorneys, employees, officials, and volunteers for
losses arising From work performed by the Consultant for the City.
3. All Coverages: Any unintentional failure to comply with reporting
previsions of the policies shall not affect coverage provided to the City;
and unless otherwise approved by the City, each insurance policy
required by this clause shall be endorsed to state that coverage shall not
be canceled by either party, except after thirty (30) days prior written
notice by regular mail has been given to the City, or ten (1 0) clays for
cancellation for non-- payment of premium.
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F. Suspension or C ancelliition
If any of the: coverages required by this Agreement should be susl)cncled, voided,
cancelled or reduced in coverage during the term of this Agreement, Consultant shall
immediately notify City and replace such coverage with another policy meeting the
requirements of this Agreement.
C. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of
any matter under this Agreement shall require the subcontractors to comply with the same
indemnity and insurance requirements set forth in this Agreement to the extent that they apply
to the scope of the subcontractors' work. Subcontractors are to be bound to contractor and to
City in the same manner and to the same extent as the Consultant is bolrnd to City under this
Agreement. Subcontractors shall further agree to include these same provisions with any sub -
subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The
Consultant shall require all subcontractors to provide a valid ccrtificate of insurance and the
required endorsements included in the Agreement prior to commencing tiny work, and will
provide proof of compliance to the City.
N. Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder, the policies of
insurance listed in Article 9.2 of this Agreement arc to be issued by an issuer with a current A.M.
Best Rating of AN and who is authorized to transact business in the State of California, unless
otherwise approved by the City.
1. Verification of Coverage
Consultant shall lirr-nish the City with endorsements and certificates of insurance:
evidencing coverage required by this clause. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The'certificates are
to be on forms acceptable to the City. Where required by statue, forms approved by the ltusuraricc
Commissioner are to be submitted. All certificates are to be received and approved by the City
bcforc work commences.
J. filet°vial Risks/Ch•cumstances
City reserves the right to modify these requirements, including limits, based on the wittrre
of the risk, prior experience, insurer, coverage, or other spccial circumstances and provide notice
to Consultant.
10. MISCELLANEOUS
10.I This Agreement shall be binding on the hears, executors, assigns and successors of
Consultant.
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10.2 Neither party may assign this Agreement, or any portion hereof, withOut the prier
written consent of the other.
10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop
notice rights, which Consultant may have for the performance of services pursuant to this
Agreement.
10.4 Neither party's waiver of any term, condition or covenant, or breach of any term,
condition or covenant shall be construed as the waiver of any other term, condition or covenant
or waiver of'the breach of any other term, eondidon or covenant.
10.5 This Agreement contains the entire Agreement between City and Consultant relating
to the project and the provision of services to the proiect. Any prior agreements, promises,
negotiations, or rcpresentations not expressly set forth in this Agreement are of no force or effect.
5ubsc(lucnt modifications to this Agreement shall be in writing and signed by both City and
Consultant.
10.6 if any term, condition or covenant of this Agreement is held by a court ofcompetent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall
be valid and binding on City and Consultant.
10.7 This Agreement shall be governed and construed in accordance with the laws of
the State of California.
10.8 All changes or amendments to this Agreement must be In `N,:riting and approved by all
part ies.
10.9 The initial contract terni shall commence upon execution of the contract by the City
and shall be for a two (2) year period, unless terminated sooner in accordance with the contract.
The City of Campbell at its sole discretion may elect to extend the contract up to three (3)
consecutive one-year periods by providing written notice to Consultant not less than thirty (30)
clays prior to expiration of the original or extended tcnil. '('he total length of the contract shall not
exceed a period of rive years. Annual contractual cost adjustments shall be equal to the May -to -
May San Francisco -Oakland -San Jose Consumer 11'rice Index -Alt Urban (CPI) in an amount not
to exceed five percent (5%) but not lower than three percent (3%), annually, on July I of each
contract renewal.
10.10 Consultant owes the City a duty of undivided loyalty in performing the work. and
services wider this Agreement, including, but not limited to, the obligation to refrain from having
economic interests and/or participating in activities that conflict with the City's interests in respect
to the work and/or senlices and project. The Consultant shall list current clients who may have a
financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does
not no%'�' have, nor shall it acquire any financial or business interest that would conflict with the:
performance of services under this agreement. Consultant shall not make or participate in making
or in any way attempt to use Consultant's position to influence a governmental decision in which
Consultant knows or has reason to know Consultant has a direct or indirect financial interest other
than the compensation promised by this Agreement. Consultant will immediately advise the City
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if Consultant learns of a financial interest of Consultant's during the term of this Agreement.
10, 11 City is a public agency subject to the disclosure requirements of the California PUbliC
Records Act ("CPRA"). V Consultant's proprietary information is contained in documerlt5 or
information submitted to City, and Consultant claims that such information falls within one or
more CPRA excmptioaas, Consultant must clearly mark such information "Confidential and
Proprietary," rand identify the specific lines containing the; information. In the: event of'ra request
for such information. City will make best efforts to provide notice to Consultant prior to such
disclosure. If Consultant contends that any documents are exempt from the: CPRA and wishes to
prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate
remedy from it court of law in Santa Clara County before the; City is required to respond to the
CPRA request. If Consultant Mils to obtain such remedy within the time they City is required to
respond to the CPRA request, City may disclose the requested information without any liability
to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless
against any claim, ;action or litigation (including but not limited to all judgments, costs, and
attorney's fees) that may result from denial by City of a CPRA Ncluest for information arising
from any representation. or any action (or inaction), by the Consultant.
10.12 Neither party hereto shall be considered Hi default in the performance of its
obligation hereunder to the extent that the performance of any such obligation is prevented or
delayed by an act of Clod, natural disaster, pandemic, acts of terrorism, war, or ether peril, which
is beyond the reasonable control of the affected party and without the negligence of the respective
Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any
Force Majcure claimed to delay, hinder or prevent performance of the services under this
Agreement. Each party will, however, make all reasonable efforts to remove or eliminate such a
cause of delay or default and will, upon the cessation of the cause, diligently pursue perlormrancc
of its obligations in this Agreement. In the event either party is prevented or delayed in the:
perforn lance of its respective obligation by reason of such force Majcurc, there may be an
equitable adjustment of the schedule and Consultant compensation based on City's sole discretion.
10.13 Except as City may specify in writing, Consultant shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have
no authority, express or implied, pursuant to this Agreement to bind City to any obligation
whatsoever.
10.14 Consultant warrants that Consultant. its subcontractors and/or agents of any)
has/have complied with any :and all federal, state, and local licensing requirements.
10.1 S Each party acknowledges that it has reviewed this Agreement and that the normal
rule of construction to the effect that any anil-)iguitics are to be resolved against the drafting party
shall 11U) be employed in the interpretation of this Agreement.
10.16 The signatories to this Agreement warrant and represent that each is authorized to
execute this Agreement and that their respective: signatures serve to legally obligate their
respective representatives, agents, successors and assigns to comply with the provisions of this
Agreement.
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10.17 This Agreement is entered into, and to be perforired in Santa Clara County,
California, kind any action arising out of or related to this Agreement shall be maintained in a
court of appropriate;,jurisdic:tion in Santa Clara County, Calirornia.
10.18 This Agreement nlay be executed in counterparts which shaII, in the aggregate. be
deemed an original but ,iil ()f' which, together. shall constitute one and the same instrument. A
scanned, electronic, facsimile or other copy of it party's signature shall be accepted and valid as
an original.
11. DISPUTE RESOLUTION
l 1.1 In the event of any dispute between the Parties related to this Agreement or this
Project, the Parties agree to first negotiate in good faith toward a resolution with participation by
representatives of each Party holding sufficient authority to resolve the dispute. If such dispute
cannot be resolved in this manner, before any action or litigation is initiated other than as
required to secure lien rights, the dispute shell be submitted to mediation using the American
Arbitration Association or another mediator as mutually selected by the Parties. Such mediation
shall be completed within it reasonable period of time following either Party's written demand
with cacti Party to bear c►n equal share of the mediation flees and its own respective attorney and
consultant fees and costs.
12. NO'FIC' + S
Notices required under this Agreement may be delivered by first class mail addressed to
the iippropriate party at one of the following addresses:
CITY: City of Campbell
Attention:
City Engineer
70 North First Strut
Campbell, CA 95008
CONSULTANT: GUIDA
Attention:
Lisa Spivak, PLS
1~xccutive Vice President
220 Commerce, Suitc 150
lrv►ne, CA 92602
[SIGNATURES ON FOLLOWING PNCE1
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I laving? read and understood the foregoing Agreement, the undersigned parties agree to be bound
hereby:
CONSULTANT
LiseF--Kak Oun !-, 4o4,G 11 ?,) 49 PO'n
I' ltic�
Executive Vice President,
Approved as to Form
CITY OF CAMPBELL
Brian iovcnt hat
, I'llic"
C"ity mallaocl.
- =k
Exhibit A
Scope of Services
Consultant will perform the following services under the direction of the City Engineer and the
Engineering Division:
1. Ongoing review of parcel and final maps for consistency with the City of Campbell
Municipal Code and local ordinances, State of California Subdivision Map Act, Land
Surveyor's Act, and acceptable engineering and surveying practices in the State of
California for the preparation of parcel and final maps.
2. Review of maps for technical correctness includes review of: title reports, closure
calculations, deeds, adjoiner deeds, relevant maps affecting the subdivision, existing
and proposed easements, dedications to the public, locations of existing and
proposed monuments, map statements, and map format.
3. Review of plats and legal descriptions in conjunction with: lot line adjustments,
certificates of compliance, certificates of correction, street and easement dedications,
and street and easement vacations. Said review shall include consistency with the
City of Campbell Municipal Code and local ordinances, State of California
Subdivision Map Act, Land Surveyor's Act and acceptable engineering and
surveying practices in the State of California for the preparation of said documents.
4. Provide City with the technical assistance to execute maps and other legal instruments
by providing an individual to be assigned as the City Surveyor to be under direct
supervision of the City Engineer.
5. Provide City with additional land surveying services on an as needed basis, such as
field surveys to establish monuments, preparation of boundary and topographic
surveys, etc. The exact scope of work will be established for each task assigned.
Written approval by the City Engineer will be required prior to starting any work.
6. Complete plan check reviews within ten (10) working days of receipt of documents
from City staff, or as indicated in writing by the City. Provide City Surveyor signature
and stamp on final maps and documents within five (5) working days of receipt.
madman
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CITY OF CAMPBELL I SURVEY AND MAPPING RATE SHEET
Rates effective July I, 2026 through June 30, 2028
HOURLY RATES
Survey Principal
$350.00
Senior Project Manager
$315.00
Senior Project Surveyor/Professional Land Surveyor
$295.00
Field Supervisor
S260.00
Project Surveyor
$225.00
Senior Survey Analyst
S195.00
Survey Analyst
$180.00
Survey Technician
$150,00
Project Coordinator
$165.00
Survey Intern
$115,00
Field Survey Rates by Prevailing Wage Classification' DAY BASE RATE* NIGHT BASE RATE*
1-Person Survey Crew S235.00 $295.00
2-Person Survey Crew $410.00 $510,00
3-Person Survey Crew 5555.00 $695.00
Utility Locate Manager S290.00 $360.00
Utility Locate Technician $210.00 5260.00
*1-, 2- and 3-person survey crews are inclusive of survey vehicles, conventionol and GPS survey equipment, and associated survey tools,
safety equipment, etc.
**The Daytime Base Rate will be charged for work beginning between 4am to 4pm Sunday through Saturday. Overtime will apply as
applicable, see below.
***The Night Base Rate will be charged for work beginning between 4pm to 4am, Sunday through Saturday. Overtime will apply as
applicable, see below.
MINIMUM HOURLY CHARGE (PREVAILING WAGE ONLY) _
Office classifications will be billed based on the hours worked with no minimum hourly charge. Field classifications will be billed on
an houriy basis with a minimum of 4 and 8 hours in accordance with Va International Union of Operating Engineers, local 3.
ESCALATION
All rates will escalate annually beginning July 1, 2028, and will continue to escalate annually on July 1 for each year thereafter. The
rates will escalate in accordance with the February to February San Francisco-Oaklan-San Jose Consumer Price Index (CPI) in an
amount not to exceed 5% but no lower than 3%.
OVERTIME
Straight time will be billed for ail work performed on -site up to 8 hours each day, Monday through Friday. Overtime will begin after 8
hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours Monday through Saturday and all day on Sundays
and holidays.
Overtime (on -site over 8 hours Mon -Fri and Sat) 1.5 times the hourty base rate
Sundays and Holidays 2.0 times the hourly base rate
NORTHERN CALIFORNIA LOCATIONS
PLEA SAN TON 4695 Chabot Dr, Suite 115, Pleasanton, CA 9458E ji SAID JOSE k"0 E. Wmfton Avenue, Suitn 100. San lose, CA 95COA I
CENTRAL VALLEY 5Sa W. Alluvial Avenue, Suite 109 E resno, CA 93711
WWW.GUIDAINC.COM
Page 1 of 2
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NORTHERN CALIFORNIA I SURVEY AND MAPPING RATE SHEET
Rates effective January 1, 2026 through December 31, 2026
OTHER DIRECT COSTS
1. Reimbursable costs including but not limited to delivery or messenger fees, reproduction costs, agency fees,
permits, title company fees, etc., shall be billed at cost plus 1S%.
2. Travel costs such as per diem, mileage, and lodging will be billed at cost.
I Subconsultant fees shall be billed at cost plus 15%.
4. Mobile LiDAR equipment shall be billed at $1,457.00 per day.
5. UAS LiDAR equipment shall be billed at $922.00 per day.
6. Utility Locating Sled (Truck Mounted) shall be billed at $2,200.00 per day.
7. Costs related to specialty survey requirements, (i.e., traffic control, specialty equipment, etc.) will be billed at cost
plus 1S%.
8. Expenses for any special equipment and/or requests shall be at the approval of the client.
NORTHERN CALIFORNIA LOCATIONS
PLF-ASANTON 4695 Chabot Dr, Suite 115. P!ea%anton, CA 94588 I SAN 1OSE 900 Hamilton AverILIC. Suite 100. San ;ose, CA 95008 1
CENTRAL VALLEY 550 W. Alluvial Avenue. Suite 100, fie --,no, CA 93711
WWW.GUIDAINC.COM
GWDA 2026-2028 City of Compbeil Rate Sheet Page 2 of 2