KDM Meridian (2014) •
First Amendment to Agreement between
the City of Rancho Palos Verdes and KDM Meridian
This agreement is an amendment ("Amendment") to the on-call land surveying
services agreement between the City of Rancho Palos Verdes("CITY")and KDM Meridian
("CONSULTANT"), dated July 12, 2012 ("Agreement"). This Amendment is effective as of
February 18, 2014, and is being made to utilize part of the funds in the Agreement toward
a particular project in which prevailing wages must be paid.
Section 1. Section 2.1 of the Agreement is hereby amended to read as
follows:
"Upon CITY's request, CONSULTANT shall submit a proposal for a particular
project, including a scope of work and total cost for services ("Proposal"). Once CITY
accepts a Proposal as submitted or amended and issues a written Notice to Proceed
therefor, CITY agrees to compensate CONSULTANT in accordance with the total cost
for services listed in the Proposal, and in any case an amount not to exceed twenty-five
thousand dollars ($25,000) for a single service and sixty thousand dollars ($60,000) per
fiscal year for services as described in Article 1. On-call services that are reimbursed
by a trust deposit shall not count towards the maximum amounts CONSULTANT shall
be paid for such services. If the CITY requests any work that is beyond the scope of
work listed in the Proposal, the CITY and CONSULTANT shall negotiate the scope of
work and fees for this extra work in accordance with CONSULTANT's Standard Non-
Prevailing Wage Fee Schedule, which is attached hereto as Exhibit "A" and
incorporated herein by this reference, up to the twenty-five thousand dollars ($25,000)
for a single service maximum amount. Upon mutual agreement of the scope of work
and fees, the City shall issue a written Notice to Proceed therefor. The rates in Exhibit
"A" shall remain in effect through at least June 19, 2013. Thereafter, if CONSULTANT
wishes to increase the rates set forth in Exhibit "A," CONSULTANT shall give CITY
ninety (90) days prior written notice of the rate increase.
Notwithstanding the foregoing, with respect to the land surveying services
provided to the CITY by CONSULTANT in relation to the FY 2011-2012 Arterial Roads
Rehabilitation Project— Palos Verdes Drive East project ("PVDE project"), the amount
billed to the City for the PVDE project shall not exceed twenty-two thousand, eight
hundred and sixty dollars ($22,860); the PVDE project is a public work to which
prevailing wages apply, and the rates in Exhibit "A" shall not be applicable to the PVDE
project. The Terms for Compliance with California Labor Law Requirements is attached
hereto as Exhibit "B" and incorporated herein by this reference."
Section 2. Except as expressly amended by this amendment to the
Agreement, all of the other provisions of the Agreement shall remain in full force and
effect as written in the Agreement.
R6876-0001\1349509v1.doc
•
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date and year first above written.
Dated: KDM MERIDIA "••NSULTANT")
4Or
By:
Printed Name: .1?,\cScy_4-6 r
Title:
By:
Printed Name:
Title:
CITY OF RANCHO PALOS VERDES
("CITY")
By:
dirt-
ATTEST./
j .r
ATTEST
By: /
City Clerk
R6876-0001\1349509v1.doc
•
KDM MERIDIAN
SURVEYING,MAPPING AND LAND SERVICES
miummul
January 21, 2014 KDMM P1312-08v4
Ms. Nicole Jules, P.E.
Senior Engineer
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Subject: Palos Verdes Drive East Project#002912 Reference Line Stationing&
Monument Preservation(240 estimated record monuments)
City of Rancho Palos Verdes
Dear Nicole:
KDM Meridian is pleased to provide the City of Rancho Palos Verdes with this proposal for surveying
services.The following is our understanding of the project, based on our familiarity with this street and
conversations with you and the design engineer.
Project Understanding
The City is requesting KDM Meridian propose to layout the reference/station list shown on the
subject project's plans and preserve monuments in accordance with statutes(e.g.CAL. BPC.Code§
8771).
This portion of Palos Verdes Drive East(PVDE)requires significant traffic control to provide a safe
working environment for surveying and the status of the potential existing monumentation is unknown.
These two factors make the request for a proposal that includes complete and proper monument
preservation on this project difficult to provide as a fixed fee and difficult even as an accurate estimate.
This proposal will present the considerations and assumptions used to generate an estimate that
may be conservative, but depending on the depth and location of the existing monuments that lacked
proper past perpetuation (i.e. buried under asphalt with little or no reference to location)it may fall
short of being accurate of the time needed to meet the mandated requirements.
Two scenarios will be presented;firstly breaking the work into two distinct efforts and secondly
economizing the use of traffic control by consolidating the scope into a single mobilization (excluding
the reset of any monuments).
The first portion of the work is painting stationing for a reference line shown on the plans from
station 84+47 to station 322+50(23,803 If).This line will be staked at 50-foot interval,on-station,and at
significant intermediate stations.This work will be accomplished using a traffic control sub-contractor
22541 Aspan Street, Suite C, Lake Forest,California 92630
Telephone: 949-768-0731 Facsimile: 949-768-3731
KDMMeridian.com
•
Ms.Nicole Jules,P.E. Page 2 of 4
Palos Verdes Drive East Reference Line Staking and Mon.Preservation—Rancho Palos Verdes KDMM P1312-08v4
(i.e. California Barricade)to provide either a rolling closure or segmented closure to enable our field
survey crews a safe area to work.The most efficient and least impactful method will be selected for
each reach and direction. We will work with your staff on a schedule for this work to have the least
amount of impact on the residents of the neighborhoods served by PVDE.
The second portion of this work is the preservation of survey monumentation, both currently
covered by asphalt and those existing on the surface. Due to the highly curvilinear nature of this street,
the centerline is monumented at a remarkably small interval (e.g. BCs, ECs, PIs,and PTIs)as often as
every one-hundred feet in many reaches.The research KDM Meridian has already performed indicates
that there may be extensive effort to be expended to hand-chisel the existing asphalt to expose buried
monuments without damaging them. If all record monuments exist,there could be as many as 240
monuments within the entire project reach.
Through discussions with the County Surveyor's Office(CSO)and generalized inquiry of the Board
for Professional Engineers, Land Surveyors and Geologists(BPELSG)we have developed a plan to
achieve compliance with the monument preservation statutes,and reduce the post construction
activities (i.e. resetting the monuments).
Monument preservation must begin with an exhaustive search through the CSO's records and an
organization and calculation of probable monument locations.The nature of this street is such that
determining where a particular centerline tie sheet applies can be difficult without all of the information
considered together. Unlike a typical street,the monuments are likely to fall on either side of the center
of the roadway,within traveled ways,and even off pavement edges where shoulders will be added.This
has been determined through a review of a sample of records research performed to help estimate this
project.
As described for the painting of the reference line,California Barricade will provide various scenarios
of closures to provide safe areas for the survey work to be performed.This work includes locating
monuments,digging asphalt to expose them,verifying existing ties as available,and setting complete
ties as necessary.Survey work will include consideration of providing permanent and reliable reference
for monuments that will not be reset after construction.The intent will be to preserve and perpetuate
those certain monuments falling in areas that are not conducive to future occupation by surveying
equipment through a series of permanent witness monuments and ties to adjacent monuments.Our
discussions with the CSO and BPELSG leave us confident that we can reduce the post construction
process and leave the City with a street that is easier to preserve monuments on, in the future,for
inevitable overlay/resurfacing projects.
Following construction,those monuments that are required to be reset will be replaced in the
surface of the new surface utilizing traffic control as necessary and the final ties will be verified or set as
necessary.
An option of performing the two scopes(reference line stationing and pre-construction
preservation)together will be detailed as well. Note: Providing the reference line stationing in advance
may create a situation where advance construction (i.e. utility relocation)could disturb monuments or
ties prior to our preservation work.
KDM MERIDIAN
1
•
Ms.Nicole Jules,P.E. Page 3 of 4
Palos Verdes Drive East Reference Line Staking and Mon.Preservation—Rancho Palos Verdes KDMM P1312-08v4
Scope of Services
1. Construction Line Marking
a. Mark construction line station starting at station 84+50 through station 322+50 at fifty—
foot intervals with the applicable station value.
2. Monument Records Research and Preparation
a. Perform research at County Surveyor's Office for applicable records(e.g. maps,ties,
alignment notes)
b. Organize records and perform calculations to maximize field efficiency in locating
monuments.
3. Pre-Construction Monument Preservation/Perpetuation—Field Work
a. Field identify/expose existing monuments,their condition (on surface, buried,
destroyed/disturbed/missing),and adjacent ties.
b. Set ties and remove monuments as necessary.
4. Pre-Construction Monument Preservation/Perpetuation—Office Work
a. Present an exhibit for surface monuments in slurry reaches for Contractor and Inspector
to ensure monuments are protected from slurry material.
b. Prepare and file corner records as necessary.
5. Post-Construction Monument Preservation/Perpetuation—Field Work
a. Reset new monuments in finished surface.
b. Review and ensure existing surface monuments were protected from slurry material.
6. Post-Construction Monument Preservation/Perpetuation—Office Work
a. Prepare and file corner records as necessary.
Fee Estimates
Traffic
Est. KDM Cost KDM Total Traffic Control Control Total
Task Days Per Day Cost Cost Per Day Cost Est.Total
1.Construction Line Marking 9 $2,540 $22,860 $2,600 $23,400 $46,260
2. Monument Records Research and
Preparation - - - - - $19,200
3.Pre-Construction Monument
Preservation/Perpetuation—Field Work 16 $5,100 $81,600 $2,600 $41,600 $123,200
1. &3. Concurrently-Marking and Pre-
Construction Field Work 20 $5,100 $102,000 $2,600 $52,000 $154,000
4. Pre-Construction Monument
Preservation/Perpetuation—Office Work - - - - - $57,600
5. Post-Construction Monument
Preservation/Perpetuation—Field Work 12 $5,100 $61,200 $2,600 $31,200 $92,400
6. Post-Construction Monument
Preservation/Perpetuation—Office Work - - - - - $43,200
KDM MERIDIAN
• •
Ms.Nicole Jules,P.E. Page 4 of 4
Palos Verdes Drive East Reference Line Staking and Mon.Preservation—Rancho Palos Verdes KDMM P1312-08v4
Based on the estimates as described on the previous page the two proposed scenarios would be
estimated as totals (highest possible estimate)as:
Estimated Totals for all Tasks—with separate mobilizations
Stationing/Research &Prep/Pre-con field &office/Post-con field&office: $381,860
Estimated Total for all Tasks—mobilizing/performing Tasks 1&3 concurrently
Stationing& pre-con field/Research& Prep/Pre-con office/Post-con field &office: $366,400
Traffic control for this project includes four (4) traffic control technicians and the daily capability to
have traffic control span four (4) intersections. Traffic Control provided by the city (or others) should
have the same,or greater,capability.
In consideration that KDM Meridian is a small business with more narrow capital resources, we ask
that you consider establishing a budget and contract directly with the traffic control sub-contractor or
that we agree to a fixed payment schedule.
Thank you for this opportunity to provide surveying services to the City of Rancho Palos Verdes.
Please call if you have questions with any portion of this proposal.
Sincerely,
Richard C. Maher, PLS
President
P:\2013 Prods\12-December\ 1312#08\#1312-08v4 doac
Attachments:Rate Schedule
r, KDM MERIDIAN
•
KDM MERIDIAN
Fee Schedule
Valid Through October 1, 2014
PROFESSIONAL SERVICES: HOURLY RATE:
Project/Survey Manager $175.00
Project Surveyor $160.00
Survey Technician/Drafter $120.00
Clerical/Administration/Technical Aide $ 75.00
Expert Witness (4 hour minimum) $350.00
Survey Crew(1 person) $170.00
Survey Crew(2 persons) $250.00
Survey Crew GPS (3 persons) $330.00
REIMBURSABLES: RATE:
Supplies, Reproduction, Rental of Special Equipment Cost+ 10%
Subconsultants Cost+ 10%
Lodging, Airfare (Remote Site) Cost+ 10%
Meal Expense(Remote Site) $ 50/day/person
Mileage(Remote Site) $ 0.60/mile
Note: Government Agencies and/or private landowner fees, map filings, research
materials, etc. are extra to contract costs.
Remote Sites are one hundred or more miles distant from our office.
A minimum of 4 survey hours per day will be charged for field crews.
Overtime shall be charged at 1.35 times the regular rate as shown above, with the
exception of Sundays and holidays. Rates for Sunday time shall be 2.0 times the regular
rate and Holidays shall be 2.5 times the regular rate as shown above Double time pay
will be charged at a rate of 2.0 times the regular rate as shown above.
The above rates shall be charged portal to portal (time spent on project site plus travel
time) excluding lunch breaks.
Daily overtime billing for field survey work during the work week (Monday through
Friday) does not commence until 8 hours of on-site work has been completed (does not
include travel time to and from site). Travel time is charged at regular rates as shown
above, and will not be charged at overtime rates.
22541 Aspan Street,Suite C, Lake Forest,California 92630
Telephone:949-768-0731 Facsimile:949-768-3731
KDMMeridian.com
IL-411 KDM MERIDIAN
Fee Schedule
Valid Through October 1, 2014
PROFESSIONAL SERVICES: HOURLY RATE:
Project/Survey Manager $175.00
Project Surveyor $160.00
Survey Technician/Drafter $120.00
Clerical/Administration/Technical Aide $ 75.00
Expert Witness (4 hour minimum) $350.00
Survey Crew(1 person) $170.00
Survey Crew(2 persons) $250.00
Survey Crew GPS (3 persons) $330.00
REIMBURSABLES: RATE:
Supplies, Reproduction, Rental of Special Equipment Cost+ 10%
Subconsultants Cost+ 10%
Lodging, Airfare(Remote Site) Cost+ 10%
Meal Expense(Remote Site) $ 50/day/person
Mileage (Remote Site) $ 0.60/mile
Note: Government Agencies and/or private landowner fees, map filings, research
materials, etc. are extra to contract costs.
Remote Sites are one hundred or more miles distant from our office.
A minimum of 4 survey hours per day will be charged for field crews.
Overtime shall be charged at 1.35 times the regular rate as shown above, with the
exception of Sundays and holidays. Rates for Sunday time shall be 2.0 times the regular
rate and Holidays shall be 2.5 times the regular rate as shown above Double time pay
will be charged at a rate of 2.0 times the regular rate as shown above.
The above rates shall be charged portal to portal (time spent on project site plus travel
time)excluding lunch breaks.
Daily overtime billing for field survey work during the work week (Monday through
Friday) does not commence until 8 hours of on-site work has been completed (does not
include travel time to and from site). Travel time is charged at regular rates as shown
above, and will not be charged at overtime rates.
22541 Aspan Street,Suite C, Lake Forest,California 92630
Telephone:949-768-0731 Facsimile:949-768-3731
KDMMeridian.com
III 0
Exhibit "B":
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. KDM Meridian ("Consultant") acknowledges that the FY 2011-2012
Arterial Roads Rehabilitation Project— Palos Verdes Drive East project, as further
defined in the amendment ("Amendment"), dated February 18, 2014, to the on-call land
surveying services agreement between the City of Rancho Palos Verdes ("City") and
Consultant, dated July 12, 2012 ("Agreement"), to which this Terms for Compliance with
California Labor Law Requirements is attached and incorporated by reference, is a
"public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges
that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code
Section 1771 and (b) the rules and regulations established by the Director of Industrial
Relations ("DIR") implementing such statutes. Consultant shall perform all work on the
project as a public work. Consultant shall comply with and be bound by all the terms,
rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below, whether or not
required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of
per diem wages for each craft, classification, or type of worker needed to perform the
Agreement are on file at City Hall and will be made available to any interested party on
request. Consultant acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and Consultant shall post such rates at each job site
covered by this Agreement.
4. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure to pay prevailing wages. The Consultant shall, as
a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion
thereof, for each worker paid less than the prevailing rates as determined by the DIR for
the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
5. Consultant shall comply with and be bound by the provisions of Labor
Code Section 1776, which requires Consultant and each subcontractor to (1) keep
accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776, (2) certify and make such payroll records available for
inspection as provided by Section 1776, and (3) inform the City of the location of the
records.
6. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8,
section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within sixty (60) days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
R6876-0001\1349509v1.doc
Ill 0
7. Consultant acknowledges that eight (8) hours labor constitutes a legal
day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section
1813 concerning penalties for workers who work excess hours. The Consultant shall,
as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by the Consultant or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in
excess of 8 hours per day, and 40 hours during any one week shall be permitted upon
public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 11/2 times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every
employer will be required to secure the payment of compensation to its employees. In
accordance with the provisions of California Labor Code Section 1861, Consultant
hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the work
of this contract."
9. For every subcontractor who will perform work on the project, Consultant
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor
Code Sections 1860 and 3700, and Consultant shall include in the written contract
between it and each subcontractor a copy of those statutory provisions and a
requirement that each subcontractor shall comply with those statutory provisions.
Consultant shall be required to take all actions necessary to enforce such contractual
provisions and ensure subcontractor's compliance, including without limitation,
conducting a periodic review of the certified payroll records of the subcontractor and
upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Consultant shall diligently take corrective action to
halt or rectify any failure.
10. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend (at Consultant's expense with counsel reasonably acceptable to
the City) the City, its officials, officers, employees, agents and independent contractors
serving in the role of City officials, and volunteers from and against any demand or
claim for damages, compensation, fines, penalties or other amounts arising out of or
incidental to any acts or omissions listed above by any person or entity (including
Consultant, its subcontractors, and each of their officials, officers, employees and
agents) in connection with any work undertaken or in connection with the Agreement,
including without limitation the payment of all consequential damages, attorneys' fees,
and other related costs and expenses. All duties of Consultant under this Section shall
survive termination of the Agreement.
R6876-0001\1349509v1.doc