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Law Office of
WILLIAM A. WARD Butte County
A PROFESSIONAL CORPORATION upenor Court
STATE BAR NO. 37059
#9 WILLIAMSBURG
CHICO, CALIFORNIA
LANE
95926 JAN 19 2 M6 E
(530) 342-2225
tri¢kian ID
Attorney for Defendants and Cross-Complainants,
STEPHEN MELINE IV and
ROBERT J. MELINE
SUPERIOR COURT OF STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
10 EDWARD RICHARD MELINE and Case No. 127180
CHARLENE M. MELINE, Trustees
11 under the Edward Richard Meline and DECLARATION OF WILLIAM A.
Charlene M. Meline Revocable Living WARD IN SUPPORT OF MOTION
12 Trust dated December 30, 1992, FOR REFEREE RECOMMENDA-
TIONS FOR FIRST
13 Plaintiffs, INTERLOCUTORY ORDER
14 vs. Hearing Date: Feb. 17, 2006
Time: 9:00 a.m.
15 JACK MELINE, SHARON MELINE, Dept: TBA
DOROTHY MAY RABO, the testate and 633 Oleander Ave.
16 intestate successors and all persons Chico
claiming by, through or under FRED A.
17 RABO, deceased, VIOLET ARLENE Referee: The Honorable
MELINE, STEPHEN MELINE, IV, Noel Watkins
18 ROBERT J. MELINE, NELDA F.
JESSEE, MELANIE G. EDGINGTON,
19 the testate and intestate successors and all
persons claiming by, through or under
20 DAVID L. MELINE, MELINE & RABO
FARMS, INC., a California corporation
21 and DOES 1 through 20, inclusive,
22 Defendants.
23
AND RELATED CROSS-ACTIONS
25 MI
26 Ml
Declaration of William A. Ward
@ ®
William A. Ward declares and says:
1 Tam an attorney licensed to practice in all the Courts of the State of California.
2. Tf called as a witness, I could testify to following facts of my first hand
knowledge.
3 After the Litigation Guarantees supporting the Complaint for Partition were
filed herein relating to the “Orchard Property” and the “Range Property,” title has been
affected by reason of the death of Dorothy Rabo necessitating, more current litigation
guarantees as evidence of title.
It is appropriate that the cost of such guarantee be paid by Meline & Rabo Farms, Inc.
10 4 I am aware that Peter Brennan & Sons is an appropriately licensed firm
ll familiar with the “Orchard Property.” It provided an appraisal thereof prior to this litigation
12 having started. I believe such familiarity may be of some cost benefit to the owners.
13 5 I have never personally met, -but I have personally spoken to John
£azB
SBSoS 14 Christofferson who is a principal of GDA Surveyors and Engineering located in Oroville,
SohEN
OZ
§ ZLoLs 15 California. I have also made inquiry of this firm’s qualifications and ability to provide the
gaze
me GUO:
geo, 16 services to the trustee as may be requested in relation to partition of the “Orchard Property”
3 LLSQ
aenee
may
=< 17 and “Range Property.”
18 Attached hereto is a curriculum vitae received from Mr. Christofferson together with
19 his proposed contract.
20 In our conversation, he consented to my submittal of the name of his firm for
21 appointment by the Referee to serve the Referee as may be requested, instructed or ordered
22 by the Referee for purpose of making recommendations in connection with partition of the
23 “Orchard” and “Range.”
24 I declare under penalty of perjury under the laws of the State of California and that
this declaration was executed on January _/¥ , 2006, at Chico, California.
26
Declaration of William A. Ward
e
JOHN D. CHRISTOFFERSON, P.L.S.
Owner, Professional Land Surveyor
PROFESSIONAL REGISTRATIONS:
Professional Land Surveyor, L.S. 4208
Issued March 12, 1975
Land Surveyor in Training (L.S.I.T.) #41
Issued March 13, 1974
PROFESSIONAL ORGANIZATIONS:
California Land Surveyors Association (C.L.S.A.)
Northern Counties Chapter
State Chapter
EDUCATION:
U.S. Army Artillery & Missile School, Ft. Sill, Oklahoma
Commission
California State University, Chico, California
Civil Engineering Major, 1964.- 1966
Oroville Union High School, Oroville, California
Diploma
EXPERIENCE:
2000-Present GDA Engineering, Surveying, Planning, Oroville, CA
Owner, Professional Surveyor
1982 - 1999 GDA Engineering, Surveying, Planning, Oroville, CA
Partner, Chief of Surveys, Professional Surveyor
1975 - 1981 Graves & Geddis, Graves Geddis Driscoll, GDA, Oroville, CA
Survey Party Chief, Chief of Surveys, Professional Surveyor
4970 - 1974 Kendall Engineering, Oroville, CA
Survey Party Chief
1967 - 1969 United States Army
Battalion Survey Officer, Commanding Officer HQ. Battery, 3/76th
Artillery
1966 - 1967 Butte County Department of Public Works, Oroville, CA
Field Surveyor
Attachment Page 1 of 5.
@
APPEARANCES AS AN EXPERT WITNESS:
1982 Butte County Superior Court, Judge Mulkey
Saenger v. Moxie
1990 Butte County Superior Court, Judge Patrick
Miller v. Moore
1994 Butte County Superior Court, Judge Rutherford
Baker v. Brennan
1996 Butte County Superior Court, Judge Warren
Liptrap v. Stennett
1999 Butte County Superior Court, Judge Lamb,
Sharrer v. Hecker
2000 Yuba County Superior Court, Judge Waselinco
Western Aggregates v. Yuba County
2004 Butte County Superior Court, Judge Howell
Housley v. Dupey, ET.AL.
2005 Butte County Superior Court, Judge Thomas Kelley
Phelps v. Brock, ET.AL.
Attachment Page 2 of 5.
GDA JOB #
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WD PLANNING
ENGINEERING SURVEYING
a=
Ss
FAX: (530) 533-3551 EMAIL: gda@quiknet.com
220 GRAND AVENUE OROVILLE, CA 95965 EL: (530) 533-2068
CLIENT AND CONSULTANT
STANDARD FORM OF AGREEMENT BETWEEN
on the day of__ JANUARY , 2006,
OROVILLE, CALIFORNIA
THIS AGREEMENT, entered into at 7
by and between.
"CONSULTANT," is
G, PLANNING hereinafter called
hereinafter called “CLIENT,” and GDA ENGINEERING, SURVEYIN
as follows: SURVEY SERVICES AS. HEREIN DEFINED.
The client intends to, H AVE GDA PROVIDE CERTAIN PROFESSIONAL
hereinafter called the "PROJECT." The present record owner is:
Name:
Address:
after set forth, agree as follows:
The client and consultant for mutual consideration herein
ces:
A. Consultant agrees to perform the following servi
7
4) SEE ATTACHED EXHIBIT “A” THRU *
2) NOTHING FOLLOWS.
Gs
such services as follows:
B. Client agrees to compensate consultant for
7
4) SEE ATTACHED EXHIBIT “A” THRU “
2) NOTHING FOLLOWS.
per month which is an ANNUAL PERCENTAGE
nt, a late payment FINAN ICE days CHARGE will be computed at the periodic rate of 4.5%
[Note ]- Under provisions of this agreemeunpaid bat lance commencing the origina lir invoice.
RATE of 18%, and will be applied to any
30 after the date of forth upon the reverse side.
nt, client ‘agrees to limit the liability of consultant in accordan
ce ‘with §28 of the Standard Provisions set
[Note} - Under provisions of this agreeme
a part of this agreement.
C. The standard provisions set fortl h upon the
reverse side are incorporated herein and made
ment upon the terms, conditions, and
have accepted, made and executed this agree
IN WITNESS WHEREOF, the parties hereto n.
si ide hereof, the day and year first above writte
provisions above stated and on the reverse
CLIENT:
* CONSULTANT:
By. (Signature)
By. (Signature)
PLS. Name.
Name_ JOHN D. CHRISTOFFERSON, (Print)
Title__ OWNER / CLIENT
Title__ OWNER
LAND SURVEYOR - CA NO. 4208 EXP. 6/30/2006
* CONSULTANT IS A LICENSED PROFESSIONAL
Attachment Page 3 of 5.
é
STAN! PROVISIONS OF AGREEMENT - PAGE 2QOF2
-
29. All fees and other charges will be billed iInthly and shall be due at the time of billing un! otherwise specified in this agreement.
30. Client hereby agrees that the balance as stated on the billing from the Consultant to Client is correct,
sClient unless Client within ten (10) days from ‘the date of the making of the billing notifies Consultan
conclusive and bindins on the
t in writing of the particulari m that fe
is alleged to be incorrect
per month, which is an ANNUAL PERCENTAGE
yl ment FINANCE CHARGE will be computed at the periodic rate of 1 .5%
31. Alate
&
RATE of 1 fo and will be applies d to any unpaid balance commencing 30 days after the date of the original
invoice.
are those requ ired by various.governmental
32. In the event that the plans, specifications, and/or field work covered by this contract of this agreement additional office or field work
agencies and in the event that due to change of policy of said agencies after the date
is required, th @ said additional work shall be paid for by Client as extra worl
33. In the event of anyii increase of costs due to the grantin of wage increases at nd/or other employee benefits to field or office employees
percentage Increase shall
due to the terms of an labor agreement, or rise in the cos’ of living, dui ring the fi fetime of this agreement, such
be applied to all remaining compensation.
, the cost of re-staking shall be paid for
34. In the event that any staking is destroyed by an act of God or parties other than Consultant
by Client as extra work.
35. The Client shall pay the costs of ch ecking and inspection fees, zoning ‘permits,and annexation appli ication fees, assessment fees, soils
neering fees, soils testing fees, aerial topograp! hy fees, and all other fees, ‘covered bybondthepremium: S, title company charges, blueprints
snd repr fuctions, postage, ship; PI 1 ing, and all other'c! harges not specifically terms ofpf ‘this agreement.
CONTRACT TERMINATION:
36. In the event that the Client wishes, for any reas on, to terminate all or any portion of the work requested by Client and agreed re to by
in this contract, Client shall give con: sultant written notice req juestin: said termination and speci i ing those
Consultant as set for not termin: ate said contract at his sole discretion.
jortions of the contract the Client wishes to have terminated. Consultant may or mi
e onsultant will, within 10
will be canceled by Consultant.
days of the receipt of Client request, give written notice to Cl ient stating what portions of the contract, if any,
37. In the event all or any portion of the work pre| ared or partial iand lly prepared by the Consultant be sus| ended, abandoned, or terminated
by Cli el nt, Client shall pay the Consultant for all fees, charges, services provided for the proje ct, not to exceed any contract limit
specifi ied’ herein.
Work ona project may include, but is no! t limited to research, consultation, coordination between client, consultant and/or subcontractors,
calculations, resolution, ield wor ani d/or professional work products certificat ordered from pho! togrammetrists, title companies, engineers,
surveyors, etc. Certain pi rofessional services require additional maps, ‘es, record: is and fees to be filed an lor paid to certain
are required, It will be the responsibility
outside agencies pursuant t to the California Government Code. If any of. these addit tionalof items the Consultant and the reviewing government
of the Client to pay Consultant for the prepa ration of said documents to tl he satisfaction
official and pay the required g jovernment fees although the contract may be terminated.
8. This contract Is based upon current costs for labor, materials, and availability
of Consultant to p erform the work stated herein. If
ined and received, along with required ‘deposit(s ) within 30 days from the date of con! tract, said contract is void. GDA
contract is not si
f
reserves the righ! to submit a new contract.
due balances at the rate of 18% per annum.
39, In the event of any litigation, Client agrees to pay to Consultant Interest on all past
OUR NOTICE TO YOU:
(30) days after I invoices are rendered, Client agrees that Consult
ant shall have
the right to considera said det fault and total breech of the agreement and, u onnt written
40. In the event Client fails to Consultant within thirty
notice, the duties Ss, Obi gations and re: S| onsibilities
‘onsultant for al ih of the fees,
of the Consultant under this agre eement are terminated. In such events, Cl: feel shall then promptly pay the Ci
ress stated in this contract will be sufficient to
charges, and services provided by Consultant. Mailing notice to Client at the mailing ad
prove notice to Client.
DELIVERY OF CADD FILES:
form of electronic media generated and provided by the Consultant,
‘t
41. In accepting and utilizing an) drawing: s, reports and dataon
the Cliert covenants and agrees that all i suc fh electronic files are | mst
uments 2* service of the Consultant, who shall be deemed the author,
and shail retain all common law, Statutory law and other rights, including copyrights.
2. The Client agree: s not to reuse these electronic files, in whole or in part, for any purpos: or proj lect other than the project that is the
the prior written consent of the
reement. The Client agrees not to transfer these el lectronic files to othe ers without
subject of this
¢
Consultant. The lient further agrees to waive al Il claims against the Consultant resulting i in any way
project t by anyone other than the Consultant.
from any unauthorized changes or
reuse of the electronic files for any other
shall conform to the software and hardware
43. The Client and the Consultant ai ree that any electronic ‘fi les prepared by es either
specification ns listed for Autodesk C, DD A
Release 13, 14, Land Devel: lo) ment
fe Be
pat
sktop or fil les compatible therewith. changes to the
the other party. Additional efforts
DD speci fications by either the Client or the Consultant is subject io review and acceptance
ted for as Additional
the Consultant made necessary yy a change te 10 the CADD or other software specifications shall be compensat
Services.
44, The electronic files submitted tance p eriod of ten (10) days. Any defects
the Consultant to the Client are submitted for an acce| led
the Client discovers during this perio yd will be reported to tlthe Consultant and will be correct as palrt of the Consultant's Basic Scope
detecte d and reported ai fter the acceptance period will be compensate:
id for as Additional Services.
of Services. Correction of defects
on
exist between the electroni ic files delivered and the respective constructits
45, The Client is aware that significant differences mi
documents due to addenda, change orders or ot her revi sions. In the event of a cont
flict between the signed construction documen
prepared by the Consultant and electronic files, t he signed construction documents shall govern.
46. In addition, the Client agrees, to the fullest extent permitted by law,, to indemnify and hold-the Cor nsultant harmless from any damage,
liabililor cost, including reasonal bie attorneys’ fees and costs of defens: e, arising from any chan: ges made by anyone other than
n en consent of the the
Consultant or from any reuse of the electronic files wi ithout the prior writ
Consul
Under no circumstances shall delivery of the electronic files for r use by the Client be deemed a sale by the Cor sultant, and the
47.
or implied, of merchantabili and fitness for any particular purpose. In no event shall
Consultant makes no warranties, either express any consequential damages.
the Consultant be liable for any loss of profit or
re ¢ and deliver electronic files to the Client for delivery to aConsultant
third party. Electronic
48. Upon request of the Clien: it, Consultant will 1
files will be lelivered on 3-1/4’ diskette or CD-I On
Electronic files will not be transmitted over the Internet. specified in the
electronic les. Unless otherwise
reserves the
contract,
os, seals & electronic signatures from the sitting
right to delete all cor mi
Consultant will bill C! Tent for a
ime & materials spent in prepari ‘ing and tran: electronic files.
CONSULTANT’S INITIALS. CLIENT'S INITIALS.
Attachment Page 4 of 5,
@ EXHIBIT “A”
e
WD
ENGINEERING SURVEYING PLANNING
Se sail
220 GRAND AVENUE OROVILLE, CA 95965 TEL: (530) 533-2068 FAX: (590) 533-3551 EMAIL: gda@quiknet.com
STANDARD RATE SCHEDULE
Compensation for labor and expenses shall be made in accordance with the following.
A A fee based on the actual time engaged in the work in accordance with the following rates.
CLASSIFICATION
Professional Engineer $125.00 / Hour
Associate Engineer $75.00 / Hour
Professional Surveyor $125.00 / Hour
Associate Surveyor $75.00 / Hour
CADD Operator $75.00 / Hour
2 Man Survey Crew $155.00 / Hour
3 Man Survey Crew $175.00 / Hour
2 Man Survey Crew including $190.00 / Hour
Licensed Surveyor as Party Chief
3 Man Survey Crew including $250.00 / Hour
Licensed Surveyor as Party Chief
Clerical $60.00 / Hour
Court - Preparation/Deposition/Appearance *$300.00 / Hour
Global Positioning System (GPS) **$600.00 / Day
An amount determined by multiplying the actual cost by a factor of 1.2 which allows for
overhead, for the following items.
Communication expenses, fax, telephone.
Special materials & equipment not generally applicable to normal overhead.
All direct expenses for subsistence and lodging.
Postage and shipping.
Subcontracting expenses.
4-hour minimum for depositions and court apearances.
te In addition to labor charge-out rates.
CONSULTANT'S INITIALS. CLIENT'S INITIALS.
GDA-109SR_
X
Effective Jan. 1, 2006
_/
JOHN D. CHRISTOFFERSON, PLS.
Attachment Page 5 of 5.
@ ®
PR F OF SE! E
I declare that I am employed in the County of Butte, State of California. I am over the age 2
of 18 years and am not a party to the within action; my business address is #9 Williamsburg Lane,
Chico, California, 95926.
On January 18, 2006, I served foregoing document(s) described as:
Declaration of William A. Ward
in Support of Motion for Referee
Recommendations for First Interlocutory Order
on the parties/counsel, addressed as follows:
John Jeffei Carter, Esq. Richard L. Crabtree
CARTER AW OFFIC. Attorney at Law
10 P. O. Box 3606 854 Manzanita Court, #110
Chico, CA 95927-3606 Chico, CA 95926
W
Nels A. Christensen, Esq. James B. Berglund
42
12 CHRISTENSEN & SCH ARZ, LLP Attorney at Law
RZD 1 Governors Lane 1838 Feather River Boulevard
e583
MOSS 13 Chico, CA 95926 Oroville, CA 95965
rt 89
OZ ey
14
OESI Referee, The Honorable Noel Watkins
az
Preview
ue e Law Office of WILLIAM A. WARD Butte County A PROFESSIONAL CORPORATION upenor Court STATE BAR NO. 37059 #9 WILLIAMSBURG CHICO, CALIFORNIA LANE 95926 JAN 19 2 M6 E (530) 342-2225 tri¢kian ID Attorney for Defendants and Cross-Complainants, STEPHEN MELINE IV and ROBERT J. MELINE SUPERIOR COURT OF STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE 10 EDWARD RICHARD MELINE and Case No. 127180 CHARLENE M. MELINE, Trustees 11 under the Edward Richard Meline and DECLARATION OF WILLIAM A. Charlene M. Meline Revocable Living WARD IN SUPPORT OF MOTION 12 Trust dated December 30, 1992, FOR REFEREE RECOMMENDA- TIONS FOR FIRST 13 Plaintiffs, INTERLOCUTORY ORDER 14 vs. Hearing Date: Feb. 17, 2006 Time: 9:00 a.m. 15 JACK MELINE, SHARON MELINE, Dept: TBA DOROTHY MAY RABO, the testate and 633 Oleander Ave. 16 intestate successors and all persons Chico claiming by, through or under FRED A. 17 RABO, deceased, VIOLET ARLENE Referee: The Honorable MELINE, STEPHEN MELINE, IV, Noel Watkins 18 ROBERT J. MELINE, NELDA F. JESSEE, MELANIE G. EDGINGTON, 19 the testate and intestate successors and all persons claiming by, through or under 20 DAVID L. MELINE, MELINE & RABO FARMS, INC., a California corporation 21 and DOES 1 through 20, inclusive, 22 Defendants. 23 AND RELATED CROSS-ACTIONS 25 MI 26 Ml Declaration of William A. Ward @ ® William A. Ward declares and says: 1 Tam an attorney licensed to practice in all the Courts of the State of California. 2. Tf called as a witness, I could testify to following facts of my first hand knowledge. 3 After the Litigation Guarantees supporting the Complaint for Partition were filed herein relating to the “Orchard Property” and the “Range Property,” title has been affected by reason of the death of Dorothy Rabo necessitating, more current litigation guarantees as evidence of title. It is appropriate that the cost of such guarantee be paid by Meline & Rabo Farms, Inc. 10 4 I am aware that Peter Brennan & Sons is an appropriately licensed firm ll familiar with the “Orchard Property.” It provided an appraisal thereof prior to this litigation 12 having started. I believe such familiarity may be of some cost benefit to the owners. 13 5 I have never personally met, -but I have personally spoken to John £azB SBSoS 14 Christofferson who is a principal of GDA Surveyors and Engineering located in Oroville, SohEN OZ § ZLoLs 15 California. I have also made inquiry of this firm’s qualifications and ability to provide the gaze me GUO: geo, 16 services to the trustee as may be requested in relation to partition of the “Orchard Property” 3 LLSQ aenee may =< 17 and “Range Property.” 18 Attached hereto is a curriculum vitae received from Mr. Christofferson together with 19 his proposed contract. 20 In our conversation, he consented to my submittal of the name of his firm for 21 appointment by the Referee to serve the Referee as may be requested, instructed or ordered 22 by the Referee for purpose of making recommendations in connection with partition of the 23 “Orchard” and “Range.” 24 I declare under penalty of perjury under the laws of the State of California and that this declaration was executed on January _/¥ , 2006, at Chico, California. 26 Declaration of William A. Ward e JOHN D. CHRISTOFFERSON, P.L.S. Owner, Professional Land Surveyor PROFESSIONAL REGISTRATIONS: Professional Land Surveyor, L.S. 4208 Issued March 12, 1975 Land Surveyor in Training (L.S.I.T.) #41 Issued March 13, 1974 PROFESSIONAL ORGANIZATIONS: California Land Surveyors Association (C.L.S.A.) Northern Counties Chapter State Chapter EDUCATION: U.S. Army Artillery & Missile School, Ft. Sill, Oklahoma Commission California State University, Chico, California Civil Engineering Major, 1964.- 1966 Oroville Union High School, Oroville, California Diploma EXPERIENCE: 2000-Present GDA Engineering, Surveying, Planning, Oroville, CA Owner, Professional Surveyor 1982 - 1999 GDA Engineering, Surveying, Planning, Oroville, CA Partner, Chief of Surveys, Professional Surveyor 1975 - 1981 Graves & Geddis, Graves Geddis Driscoll, GDA, Oroville, CA Survey Party Chief, Chief of Surveys, Professional Surveyor 4970 - 1974 Kendall Engineering, Oroville, CA Survey Party Chief 1967 - 1969 United States Army Battalion Survey Officer, Commanding Officer HQ. Battery, 3/76th Artillery 1966 - 1967 Butte County Department of Public Works, Oroville, CA Field Surveyor Attachment Page 1 of 5. @ APPEARANCES AS AN EXPERT WITNESS: 1982 Butte County Superior Court, Judge Mulkey Saenger v. Moxie 1990 Butte County Superior Court, Judge Patrick Miller v. Moore 1994 Butte County Superior Court, Judge Rutherford Baker v. Brennan 1996 Butte County Superior Court, Judge Warren Liptrap v. Stennett 1999 Butte County Superior Court, Judge Lamb, Sharrer v. Hecker 2000 Yuba County Superior Court, Judge Waselinco Western Aggregates v. Yuba County 2004 Butte County Superior Court, Judge Howell Housley v. Dupey, ET.AL. 2005 Butte County Superior Court, Judge Thomas Kelley Phelps v. Brock, ET.AL. Attachment Page 2 of 5. GDA JOB # ® e WD PLANNING ENGINEERING SURVEYING a= Ss FAX: (530) 533-3551 EMAIL: gda@quiknet.com 220 GRAND AVENUE OROVILLE, CA 95965 EL: (530) 533-2068 CLIENT AND CONSULTANT STANDARD FORM OF AGREEMENT BETWEEN on the day of__ JANUARY , 2006, OROVILLE, CALIFORNIA THIS AGREEMENT, entered into at 7 by and between. "CONSULTANT," is G, PLANNING hereinafter called hereinafter called “CLIENT,” and GDA ENGINEERING, SURVEYIN as follows: SURVEY SERVICES AS. HEREIN DEFINED. The client intends to, H AVE GDA PROVIDE CERTAIN PROFESSIONAL hereinafter called the "PROJECT." The present record owner is: Name: Address: after set forth, agree as follows: The client and consultant for mutual consideration herein ces: A. Consultant agrees to perform the following servi 7 4) SEE ATTACHED EXHIBIT “A” THRU * 2) NOTHING FOLLOWS. Gs such services as follows: B. Client agrees to compensate consultant for 7 4) SEE ATTACHED EXHIBIT “A” THRU “ 2) NOTHING FOLLOWS. per month which is an ANNUAL PERCENTAGE nt, a late payment FINAN ICE days CHARGE will be computed at the periodic rate of 4.5% [Note ]- Under provisions of this agreemeunpaid bat lance commencing the origina lir invoice. RATE of 18%, and will be applied to any 30 after the date of forth upon the reverse side. nt, client ‘agrees to limit the liability of consultant in accordan ce ‘with §28 of the Standard Provisions set [Note} - Under provisions of this agreeme a part of this agreement. C. The standard provisions set fortl h upon the reverse side are incorporated herein and made ment upon the terms, conditions, and have accepted, made and executed this agree IN WITNESS WHEREOF, the parties hereto n. si ide hereof, the day and year first above writte provisions above stated and on the reverse CLIENT: * CONSULTANT: By. (Signature) By. (Signature) PLS. Name. Name_ JOHN D. CHRISTOFFERSON, (Print) Title__ OWNER / CLIENT Title__ OWNER LAND SURVEYOR - CA NO. 4208 EXP. 6/30/2006 * CONSULTANT IS A LICENSED PROFESSIONAL Attachment Page 3 of 5. é STAN! PROVISIONS OF AGREEMENT - PAGE 2QOF2 - 29. All fees and other charges will be billed iInthly and shall be due at the time of billing un! otherwise specified in this agreement. 30. Client hereby agrees that the balance as stated on the billing from the Consultant to Client is correct, sClient unless Client within ten (10) days from ‘the date of the making of the billing notifies Consultan conclusive and bindins on the t in writing of the particulari m that fe is alleged to be incorrect per month, which is an ANNUAL PERCENTAGE yl ment FINANCE CHARGE will be computed at the periodic rate of 1 .5% 31. Alate & RATE of 1 fo and will be applies d to any unpaid balance commencing 30 days after the date of the original invoice. are those requ ired by various.governmental 32. In the event that the plans, specifications, and/or field work covered by this contract of this agreement additional office or field work agencies and in the event that due to change of policy of said agencies after the date is required, th @ said additional work shall be paid for by Client as extra worl 33. In the event of anyii increase of costs due to the grantin of wage increases at nd/or other employee benefits to field or office employees percentage Increase shall due to the terms of an labor agreement, or rise in the cos’ of living, dui ring the fi fetime of this agreement, such be applied to all remaining compensation. , the cost of re-staking shall be paid for 34. In the event that any staking is destroyed by an act of God or parties other than Consultant by Client as extra work. 35. The Client shall pay the costs of ch ecking and inspection fees, zoning ‘permits,and annexation appli ication fees, assessment fees, soils neering fees, soils testing fees, aerial topograp! hy fees, and all other fees, ‘covered bybondthepremium: S, title company charges, blueprints snd repr fuctions, postage, ship; PI 1 ing, and all other'c! harges not specifically terms ofpf ‘this agreement. CONTRACT TERMINATION: 36. In the event that the Client wishes, for any reas on, to terminate all or any portion of the work requested by Client and agreed re to by in this contract, Client shall give con: sultant written notice req juestin: said termination and speci i ing those Consultant as set for not termin: ate said contract at his sole discretion. jortions of the contract the Client wishes to have terminated. Consultant may or mi e onsultant will, within 10 will be canceled by Consultant. days of the receipt of Client request, give written notice to Cl ient stating what portions of the contract, if any, 37. In the event all or any portion of the work pre| ared or partial iand lly prepared by the Consultant be sus| ended, abandoned, or terminated by Cli el nt, Client shall pay the Consultant for all fees, charges, services provided for the proje ct, not to exceed any contract limit specifi ied’ herein. Work ona project may include, but is no! t limited to research, consultation, coordination between client, consultant and/or subcontractors, calculations, resolution, ield wor ani d/or professional work products certificat ordered from pho! togrammetrists, title companies, engineers, surveyors, etc. Certain pi rofessional services require additional maps, ‘es, record: is and fees to be filed an lor paid to certain are required, It will be the responsibility outside agencies pursuant t to the California Government Code. If any of. these addit tionalof items the Consultant and the reviewing government of the Client to pay Consultant for the prepa ration of said documents to tl he satisfaction official and pay the required g jovernment fees although the contract may be terminated. 8. This contract Is based upon current costs for labor, materials, and availability of Consultant to p erform the work stated herein. If ined and received, along with required ‘deposit(s ) within 30 days from the date of con! tract, said contract is void. GDA contract is not si f reserves the righ! to submit a new contract. due balances at the rate of 18% per annum. 39, In the event of any litigation, Client agrees to pay to Consultant Interest on all past OUR NOTICE TO YOU: (30) days after I invoices are rendered, Client agrees that Consult ant shall have the right to considera said det fault and total breech of the agreement and, u onnt written 40. In the event Client fails to Consultant within thirty notice, the duties Ss, Obi gations and re: S| onsibilities ‘onsultant for al ih of the fees, of the Consultant under this agre eement are terminated. In such events, Cl: feel shall then promptly pay the Ci ress stated in this contract will be sufficient to charges, and services provided by Consultant. Mailing notice to Client at the mailing ad prove notice to Client. DELIVERY OF CADD FILES: form of electronic media generated and provided by the Consultant, ‘t 41. In accepting and utilizing an) drawing: s, reports and dataon the Cliert covenants and agrees that all i suc fh electronic files are | mst uments 2* service of the Consultant, who shall be deemed the author, and shail retain all common law, Statutory law and other rights, including copyrights. 2. The Client agree: s not to reuse these electronic files, in whole or in part, for any purpos: or proj lect other than the project that is the the prior written consent of the reement. The Client agrees not to transfer these el lectronic files to othe ers without subject of this ¢ Consultant. The lient further agrees to waive al Il claims against the Consultant resulting i in any way project t by anyone other than the Consultant. from any unauthorized changes or reuse of the electronic files for any other shall conform to the software and hardware 43. The Client and the Consultant ai ree that any electronic ‘fi les prepared by es either specification ns listed for Autodesk C, DD A Release 13, 14, Land Devel: lo) ment fe Be pat sktop or fil les compatible therewith. changes to the the other party. Additional efforts DD speci fications by either the Client or the Consultant is subject io review and acceptance ted for as Additional the Consultant made necessary yy a change te 10 the CADD or other software specifications shall be compensat Services. 44, The electronic files submitted tance p eriod of ten (10) days. Any defects the Consultant to the Client are submitted for an acce| led the Client discovers during this perio yd will be reported to tlthe Consultant and will be correct as palrt of the Consultant's Basic Scope detecte d and reported ai fter the acceptance period will be compensate: id for as Additional Services. of Services. Correction of defects on exist between the electroni ic files delivered and the respective constructits 45, The Client is aware that significant differences mi documents due to addenda, change orders or ot her revi sions. In the event of a cont flict between the signed construction documen prepared by the Consultant and electronic files, t he signed construction documents shall govern. 46. In addition, the Client agrees, to the fullest extent permitted by law,, to indemnify and hold-the Cor nsultant harmless from any damage, liabililor cost, including reasonal bie attorneys’ fees and costs of defens: e, arising from any chan: ges made by anyone other than n en consent of the the Consultant or from any reuse of the electronic files wi ithout the prior writ Consul Under no circumstances shall delivery of the electronic files for r use by the Client be deemed a sale by the Cor sultant, and the 47. or implied, of merchantabili and fitness for any particular purpose. In no event shall Consultant makes no warranties, either express any consequential damages. the Consultant be liable for any loss of profit or re ¢ and deliver electronic files to the Client for delivery to aConsultant third party. Electronic 48. Upon request of the Clien: it, Consultant will 1 files will be lelivered on 3-1/4’ diskette or CD-I On Electronic files will not be transmitted over the Internet. specified in the electronic les. Unless otherwise reserves the contract, os, seals & electronic signatures from the sitting right to delete all cor mi Consultant will bill C! Tent for a ime & materials spent in prepari ‘ing and tran: electronic files. CONSULTANT’S INITIALS. CLIENT'S INITIALS. Attachment Page 4 of 5, @ EXHIBIT “A” e WD ENGINEERING SURVEYING PLANNING Se sail 220 GRAND AVENUE OROVILLE, CA 95965 TEL: (530) 533-2068 FAX: (590) 533-3551 EMAIL: gda@quiknet.com STANDARD RATE SCHEDULE Compensation for labor and expenses shall be made in accordance with the following. A A fee based on the actual time engaged in the work in accordance with the following rates. CLASSIFICATION Professional Engineer $125.00 / Hour Associate Engineer $75.00 / Hour Professional Surveyor $125.00 / Hour Associate Surveyor $75.00 / Hour CADD Operator $75.00 / Hour 2 Man Survey Crew $155.00 / Hour 3 Man Survey Crew $175.00 / Hour 2 Man Survey Crew including $190.00 / Hour Licensed Surveyor as Party Chief 3 Man Survey Crew including $250.00 / Hour Licensed Surveyor as Party Chief Clerical $60.00 / Hour Court - Preparation/Deposition/Appearance *$300.00 / Hour Global Positioning System (GPS) **$600.00 / Day An amount determined by multiplying the actual cost by a factor of 1.2 which allows for overhead, for the following items. Communication expenses, fax, telephone. Special materials & equipment not generally applicable to normal overhead. All direct expenses for subsistence and lodging. Postage and shipping. Subcontracting expenses. 4-hour minimum for depositions and court apearances. te In addition to labor charge-out rates. CONSULTANT'S INITIALS. CLIENT'S INITIALS. GDA-109SR_ X Effective Jan. 1, 2006 _/ JOHN D. CHRISTOFFERSON, PLS. Attachment Page 5 of 5. @ ® PR F OF SE! E I declare that I am employed in the County of Butte, State of California. I am over the age 2 of 18 years and am not a party to the within action; my business address is #9 Williamsburg Lane, Chico, California, 95926. On January 18, 2006, I served foregoing document(s) described as: Declaration of William A. Ward in Support of Motion for Referee Recommendations for First Interlocutory Order on the parties/counsel, addressed as follows: John Jeffei Carter, Esq. Richard L. Crabtree CARTER AW OFFIC. Attorney at Law 10 P. O. Box 3606 854 Manzanita Court, #110 Chico, CA 95927-3606 Chico, CA 95926 W Nels A. Christensen, Esq. James B. Berglund 42 12 CHRISTENSEN & SCH ARZ, LLP Attorney at Law RZD 1 Governors Lane 1838 Feather River Boulevard e583 MOSS 13 Chico, CA 95926 Oroville, CA 95965 rt 89 OZ ey 14 OESI Referee, The Honorable Noel Watkins az