HomeMy WebLinkAboutContract 1485 ORIGI
DESIGN PROFESSIONALS SERVICE AGREEMENT
FOR MONUMENTATION OF LOT LINE ADJUSTMENTS IN TRACT NO. 28561-1
This Agreement is made and entered into as of the 23 day of �4 2011,
by and between the City of Cathedral City, a municipal corporation ( "City ") and F MOTOR
ENGINEERING, an individual sole proprietorship ( "Survey Professional "):
RECITALS
A. Survey Professional is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
B. Survey Professional possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
C. City desires to retain Survey Professional to render professional services as
set forth in this Agreement.
AGREEMENT
SERVICES OF CONSULTANT
1. Scope of Services;
A. Survey Professional shall furnish the services described in the Scope
of Services, attached hereto as Exhibit "A" and incorporated herein by this reference.
Survey Professional shall provide said services at the time, place, and in the manner
specified in the Scope of Services.
B. At any time during the term of this Agreement, City may request that
Survey Professional perform Extra Work. As used herein, Extra Work means any work
that is determined by City to be necessary for the proper completion of the services, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Survey Professional shall not perform, nor be compensated for, Extra Work
without written authorization from City. Survey Professional shall perform the Extra Work
in the manner specified in the Scope of Services.
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2. Familiarity with Work
A. Survey Professional warrants that it has thoroughly investigated and
considered the scope of services, has carefully considered how the services should be
performed and fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
B. If the services involve work upon any site, Survey Professional
warrants that it has, or will, investigate the site and is or will be fully acquainted with the
existing conditions, prior to commencement of services hereunder. Should the Survey
Professional discover any latent or unknown conditions that may materially affect the
performance of the services hereunder, it shall immediately inform the City of such fact and
shall not proceed without written instructions from the City except at its own risk.
3. Standard of Care. Services shall be performed by Survey Professional in
accordance with the "Land Surveyor's Act ", as contained in the State Business and
Professions Code, the applicable provisions of Title 16, Chapter 5 of the California Code of
Regulations, and generally accepted professional practices and principles and in a manner
consistent with the level of care and skill ordinarily exercised under similar conditions by
members of Survey Professional's profession currently practicing in California. By delivery
of completed work, Survey Professional certifies that the work conforms to the I
requirements of this contract and all applicable federal, state and local laws and the
professional standard of care in California. Survey Professional shall perform such
services and duties in conformance to and consistent with that degree of care and skill
consistent with the generally accepted professional standards prevailing at the time the
work is performed.
4. Independent Evaluation Survey Professional is responsible for making an
independent evaluation and judgment of all conditions affecting performance of the work,
including without limitation site conditions, existing facilities, soils, climatic conditions,
applicable federal, state and local laws and regulations, and all other contingencies or field
survey considerations. Any data, calculations, opinions, reports, investigations, and other
similar information provided by the City relating to site, local or other conditions is not
warranted or guaranteed, either expressly or impliedly, by the City.
5. Licenses
A. Survey Professional represents and warrants to City that it has all
licenses, permits, qualifications, insurance and approvals of whatsoever nature, which is
legally required to practice its profession as well as perform the services as set forth
herein.
B. Survey Professional represents and warrants to City that it shall, at its
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sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Survey Professional to practice its profession.
6. Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made part hereof are set forth in the Special Requirements, attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between
the provisions of the Special Requirements and any other provision of this Agreement, the
Special Requirements shall govern.
COMPENSATION
7. Contract Sum. Compensation to be paid to Survey Professional shall be in
accordance with the Schedule of Charges set forth in Exhibit "C ", which is attached hereto
and incorporated herein by reference. In no event shall Survey Professional's
compensation exceed Ten Thousand Five Hundred dollars ($ 10,500) without additional
written authorization from the City.
8. Payment Schedule
A. Survey Professional may submit periodic billings to City describing the
work performed during the preceding month. Survey Professional's bills shall include a
brief description of the services performed, the date the services were performed, the
number of hours spent and by whom, and a description of any reimbursable expenditures.
B. City shall pay Survey Professional no later than 30 days after approval
of the invoice by City staff.
C. The total of such periodic payments made by City shall not exceed
85% of the maximum fee provided for in this Agreement until the Record of Survey
required in this contract is completed and submitted to the Riverside County Surveyors
office for technical map checking and approval. No additional payments shall be made by
City after the 85% level has been reached until the time the Record of Survey map is
approved by the County Surveyor and is sent to the County Recorder for recordation and
the Survey Professional has certified in writing to the City that all monuments as shown in
the Record of Survey have been set and that any related Certificates of Correction have
been approved. The final 15% of the contract fee shall be paid by City at that time.
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PERFORMANCE SCHEDULE
9. Time of Performance
The services of Survey Professional are to commence upon execution of the Agreement,
with work to be completed pursuant to the Performance Schedule, which is attached hereto
as Exhibit "D" and is incorporated herein by this reference.
10. Time of Essence Time is of the essence in the performance of this
Agreement.
COORDINATION OF WORK
11. Independent Survey Professional Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Survey Professional, its
agents or employees, perform the services required herein, except as otherwise set forth
herein. City shall have no voice in the selection, discharge, supervision or control of
Survey Professional's employees, servants, representatives or agents, or in fixing their
number, compensation or hours of service. It is understood that Survey Professional, in
the performance of the work and services agreed to be performed, shall act as and be an
independent consultant and shall not act as an agent or employee of the City. Survey
Professional shall obtain no rights to retirement benefits that accrue to City's employees,
and it hereby expressly waives any claim it may have to any such rights.
12. Conflicts of Interest
A. Survey Professional (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest
in real property and shall not acquire any interest, direct or indirect, in the area covered by
this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Survey Professional's
services hereunder. Survey Professional further covenants and represents that in the
performance of its duties hereunder no person having any such interest shall perform any
services under this Agreement.
B. The City has determined that Survey Professional is not a designated
employee within the meaning of the Political Reform Act.
13. Subcontracting The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competence
of Survey Professional. The parties also recognize that a portion of the work under this
Agreement may be subcontracted to another survey professional. In such case, Survey
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Professional shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of the City to pay or to see to the
payment of any monies due to any such subcontractor other than as otherwise required by
law.
RECORDS AND REPORTS
14. Ownership of Documents Survey Professional agrees to provide City, upon
City's request, with electronic and /or reproducible copies of all field notes, calculations,
plans, studies, documents and other writings prepared by and for Survey Professional, its
officers, employees and agents and subcontractors in the course of implementing this
Agreement, except working notes and internal documents, and such copies shall become
the property of the City upon payment to Survey Professional for such work, and the City
shall have the sole right to use such materials in its discretion without further compensation
to Survey Professional or to any other party.
15. Confidentiality Design Professional shall not use the City's name or insignia,
photographs relating to project for which Design Professionals services are rendered, or
any publicity pertaining to the Design Professional's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
16. Books and Records.
A. Survey Professional shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for services, or expenditures and disbursements charged to City for a
minimum period of three (3) years, or for any longer period required by law, from the date
of final payment to Survey Professional to this Agreement.
B. Survey Professional shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of three (3) years, or
for any longer period required by law, from the date of termination or completion of this
Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Manager, City Attorney, City Auditor or a
designated representative of these officers. Copies of such documents shall be provided
to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an
alternative is mutually agreed upon, the records shall be available at Survey Professional's
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address indicated for receipt of notices in this Agreement.
D. Where City has reason to believe that such records or documents may
be lost or discarded due to dissolution, disbandment or termination of Survey
Professional's business, City may, by written request by any of the above -named officers,
require that custody of the records be given to the City and that the records and documents
be maintained in City Hall. Access to such records and documents shall be granted to any
party authorized by Survey Professional, Survey Professional's representatives, or
successor -in- interest.
INSURANCES
17. Insurance Requirements
A. Policies. Survey Professional, at its own cost and expense, shall
procure and maintain, for the duration of the contract, the following insurance policies.
1. Workers Compensation Coverage Survey Professional shall
maintain Workers Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition, Survey
Professional shall require each subcontractor to similarly maintain Workers Compensation
Insurance and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or non -
renewal of all Workers Compensation policies must be received by the City at least thirty
(30) days prior to such change. The insurer shall agree to waive all rights of subrogation
against City, its officers, agents, employees and volunteers for losses arising from work
performed by Survey Professional for City. This provision shall not apply if Survey
Professional has no employees performing work under this Agreement. If the Survey
Professional has no employees for the purposes of this Agreement, Survey Professional
shall sign the Certificate of Exemption from Workers Compensation Insurance attached
hereto as Exhibit "E ", and incorporated herein by reference.
2. General Liability Coverage Survey Professional shall maintain
commercial general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a
commercial general liability insurance form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit.
3. Automobile Liability Coverage Survey Professional shall
maintain automobile liability insurance covering bodily injury and property damage for all
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activities of the Survey Professional arising out of or in connection with the work to be
performed under this Agreement, including coverage for owned, hired and non -owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined single
limit for each occurrence.
4. Professional Liability Coverage Survey Professional shall
maintain professional errors and omissions liability insurance for protection against claims
alleging negligent acts, errors or omissions which may arise from Survey Professional's
operations under this Agreement, whether such operations by the Survey Professional or
by its employees, subcontractors, or sub consultants. The amount of this insurance shall
not be less than one million dollars ($1,000,000) per occurrence.
B. Endorsements Each general liability and automobile liability
insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and
shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Survey Professional, including
materials, parts or equipment furnished in connection with such work or operations.
2. This policy shall be considered primary insurance as respects
the City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self- insured retention the City may have
shall be considered excess insurance only and shall not contribute with it.
3. This insurance shall act for each insured and additional insured
as though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
4. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
5. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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C. Deductibles and Self- Insured Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City. At the City's option,
Survey Professional shall demonstrate financial capability for payment of such deductibles
or self- insured retentions.
D. Certificates of Insurance Survey Professional shall provide
certificates of insurance with original endorsements to City as evidence of the insurance
coverage required herein. Certificates of such insurance shall be filed with the City on or
before commencement of performance of this Agreement. Current certification of
insurance shall be kept on file with the City at all times during the term of this Agreement.
18. Indemnity To the fullest extent permitted by law, the Survey Professional
shall indemnify, defend (with independent counsel approved by the City) and hold harmless
the City, and its directors, officers, and employees from and against all liabilities (including
without limitation all claims, losses, damages, penalties, fines and judgments, associated
investigation and administrative expenses, and defense costs, including but not limited to l
reasonable attorneys' fees, court costs and costs of alternative dispute resolution)
regardless of nature or type that arise out of, pertain to, or relate to the negligence,
reckless, or willful misconduct of the Survey Professional or the acts or omissions of an
employee, agent or subcontractor of the Survey Professional, in the performance of the
Agreement services. The provisions of this paragraph survive completion of the services or
the termination of this contract. The provisions of this section are not limited by the
provisions of this Agreement relating to insurance.
ENFORCEMENT OF AGREEMENT
19. Entire Agreement This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Survey Professional. All prior written and
oral communications, including correspondence, drafts, memoranda, and representations,
are superseded in total by this Agreement.
20. Waiver Waiver of a breach or default under this Agreement shall not
constitute a continuing waiver of a subsequent breach of the same or any other provisions
under this Agreement. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
21. Rights and Remedies Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties are `
cumulative and the exercise by either party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
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22. Controllinq Law Venue The laws of the State of California shall govern this
Agreement and all matters relating to it and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys Fees If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the
prevailing party shall be entitled to recover its reasonable litigation expenses, including
court costs, expert witness fees, discovery expenses, and attorneys fees.
24. Execution This Agreement may be executed in several counterparts, each
of which shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy hereof shall have been signed by both parties hereto. In
approving this Agreement, it shall not be necessary to produce or account for more than
one such counterpart.
25. Authority to Enter Agreement Survey Professional has all requisite power
and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and to bind each respective party.
26. Termination City may terminate this Agreement immediately for cause. City
may terminate this Agreement without cause upon fifteen days written notice of
termination. Upon termination, Survey Professional shall be entitled to compensation for
services performed up to the effective date of termination.
MISCELLANEOUS
27. Notices Any notice required to be given under this Agreement shall be in
writing and either served personally or sent prepaid, first class mail. Any such notice shall
be addressed to the other party at the address set forth below. Notice shall be deemed
communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: Donald E. Bradley, City Manager
City of Cathedral City I
68 -700 Avenida Lalo Guerrero
Cathedral City, CA 92234
If to Consultant: Phillip Fomotor, PLS
Fomotor Engineering
225 S. Civic Drive, Suite 1 -5
Palm Springs, CA 92037
(760) 323 -1842
(
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28. Amendments This Agreement may be modified or amended only by a
written document executed by both Survey Professional and City and approved as to form
by the City Attorney.
29. Severability If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30. Interpretation The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply.
CITY OFFICERS AND EMPLOYEES
31. Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Survey Professional, or any successor in interest, in
the event of any default or breach by the City or for any amount, which may become due to
the Survey Professional or to its successor, or for breach of any obligation of the terms of
this Agreement.
32. Prohibited Interests Survey Professional maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Survey Professional, to solicit or secure this Agreement. Further, Survey
Professional warrants that it has not paid nor has it agreed to pay any company or person,
other than a bona fide employee working solely for Survey Professional, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or making of this Agreement.
33. Equal Opportunity Employment Survey Professional represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of sex, marital status, race, color, religion,
ancestry, natural origin, physical handicap, sexual orientation or domestic partnership
status. Such nondiscrimination shall include, but not be limited to, all activities related to
initial employment upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF CATHEDRAL CITY FOMOTOR ENGINEERING
Donald E. Bradley, ity Manager Phillip Fomotor, L7070
Owner
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ST: i
Pat Hammers, City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM:
William O. Bayne, E., City Engi eer C ti y Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Perform field surveys and install durable property corner monuments on the lot corners of
new and adjusted property lines created by the Lot Line Adjustments listed below, which
were approved by the City of Cathedral City and recorded with the Riverside County
Recorder, all within Tract No. 286561 -1. The corners to be monumented shall be on the
new and adjusted lot lines of lots which have been developed and improved by the
construction of single family residences, namely adjusted lot numbers 12 -17, 19, 23 -25 (for
26 also), 36-44, 56 -58, 61, 62 (for 60 also), 66 -74, 76 -79, 92 -94, 97 -100, and 103 -104 (for
105 also) for a total of 46 adjusted lots with residences;
Prepare a Record of Survey map in accordance with the provisions of the Land Surveyors
Act as contained in the State Business and Professions Code and Title 16, Chapter 5 of
the California Code of Regulations, showing the above lots, the adjusted property lines,
new and found monuments, and procedure of survey;
Submit the Record of Survey to the office of the Riverside County Surveyor for technical
review and approval, and provide any records, maps, documents, and other data as
requested or required by the County Surveyor;
Make and provide all requested corrections or supportive data or information as required
by the County Surveyor, and pay all related fees and charges to the County Surveyor for
the review, checking, approval and recordation of the Record of Survey;
Prepare and submit to City for approval any required Certificates of Correction as per the
requirements of the State Subdivision Map Act or the Land Surveyors Act;
Meet with, share field data and information and cooperate to the maximum extent possible
with any other survey professionals working in said Tract No. 28561 -1 on setting property
corner monuments to resolve boundary and survey issues, if any;
Work to resolve and coordinate previous surveys conducted within Tract No. 28561 -1 for
the original tract map, for the development of the above listed adjusted lots, and for any
other surveys on the adjusted lots.
The above listed adjusted lots are more fully described and shown in the recorded
Certificates of Compliance for the following City of Cathedral City lot line adjustment cases:
LLA 04 -354 through LLA 04 -359; LLA 04 -361 through LLA 04 -374; LLA 04 -379 through t
LLA 04 -384; LLA 06 -436 and LLA 07 -440.
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EXHIBIT "B"
SPECIAL REQUIREMENTS
The parties understand that no new title reports will be provided for the lots involved in this
contract. The Survey Professional shall use copies of the recorded lot line adjustments
listed in Exhibit A and the recorded map of Tract No. 28561 -1 as the basis for determining
the location of the adjusted lot lines.
The City will provide copies of such recorded lot line adjustments upon the request of the
Survey Professional, along with copies of the lot line adjustment approval certificates
provided by the Palm Springs office of the Bureau of Indian Affairs. f
The parties understand that the Survey Professional is performing other private survey
work within Tract No. 28561 -1 for private clients, on lots previously adjusted by one or
more of the lot line adjustments listed in Exhibit A, which lots adjoin or are adjacent to the
adjusted lots to be monumented under this contract, and that such private survey work will
require the preparation and filing of a Record of Survey map.
As a matter of convenience, and to avoid duplication of effort, the parties agree that Survey
Professional may show the private survey and monumentation of such other lots on the
same Record of Survey map to be prepared under this City contract, provided that all
expenses, labor and materials associated with the private survey nd mapping shall Y pp g all be
kept separate and shall not be charged in any way to this City contract.
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EXHIBIT
SCHEDULE OF CHARGES
2011 SCHEDULE OF HOURLY RATES
Registered Engineer /Land Surveyor /Project Manager 125.00
....... .............................. $
Project Engineer
................................................. ............................... ........................$110.00
Senior Designer
$ 95.00
7
Designer /CADD Operator with Computer Work Station
..... ..............................$ 75.00
r
r Project Planner ................................................... ............................... ........................$110.00
Senior Planner
.............................................................................. ..............................$ 95.00
Planner Technician $ 75.00
ProjectSurveyor ................................................. ............................... ........................$110.00
Senior Survey/ Mapping Technician $ 95.00
...................
Survey/ Mapping Technician $ 75.00
.................................................... ...............................
One Man Survey Crew ...................................... ............................... ........................$110.00
Two Man Survey Crew $145.00
Three Man Survey Crew $175.00
........................................................... ...............................
Administrative Assistant
........................................................... ............................... $ 35.00
REIMBURSABLE EXPENSES
Reproduction, printing, delivery service,
earthwork estimating consultant and other sub - consultants
...... ........................... Cost
r
Travel time Hourly Rate
Monumentation material and installation Cost
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EXHIBIT "D"
PERFORMANCE SCHEDULE
From the date of Notice to Proceed:
1 -- receive, share, coordinate and discuss survey information with other survey
professional working simultaneously on the Rio Del Sol tract:
maximum of 4 weeks;
2-- prepare and submit Record of Survey map to County Surveyor's office
showing property lines adjusted by subject lot line adjustments:
maximum of 4 weeks from end of #1 above;
3— County processing of Record of Survey, and any subsequent corrections or
revisions required up to County approval of map: i
time varies, up to 10 weeks from end of #2 above;
4 —set final lot line monuments on subject property lines, per approved Record of
Survey map:
maximum of 2 weeks from County approval in #3
Note: The parties agree and understand that the time taken by the County Surveyor in
#3 above to check and process the subject Record of Survey map is not under the
control of the Survey Professional nor the City.
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F.
EXHIBIT "E"
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is
entered into, I shall not employ any person in any manner so as to become subject to the
Workers Compensation Laws of the Sate of California.
Executed on this day of
2007 at
California.
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Survey Professional t
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(To be signed if the Survey Professional has no employees
performing work under the Agreement)
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