KDM Meridian (On-call) CITY OF RANCHO PALOS VERDES
ON-CALL PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 4th day of August,
2015, by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY") and KDM Meridian, a California corporation (hereafter referred to as
"CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as on-call services as follows: On-Call Survey
services.
1.2 Description of Services
CONSULTANT shall provide such on-call survey services as may be
requested by CITY. CONSULTANT acknowledges that this Agreement is for on-call
services, and there is no certainty that CONSULTANT will be asked to perform any
services pursuant to this Agreement. CONSULTANT's Statement of Qualifications is
attached hereto as Exhibit A and incorporated herein by this reference. In the event of
any conflict between the terms of this Agreement and incorporated documents, the terms
of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from CITY, CONSULTANT shall
perform with due diligence the services requested by CITY. Time is of the essence in this
Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT
be responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
1.4 Terms of Agreement
This Agreement shall commence on August 4, 2015 and shall terminate on
June 30, 2021 unless sooner terminated pursuant to Article 4 of this Agreement.
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ARTICLE 2
COMPENSATION
2.1 Rates; Expense Reimbursement
2.1.1 CITY agrees to compensate CONSULTANT in accordance with
CONSULTANT's Schedule of Hourly Rates, which is within Exhibit A and shall meet or
exceed prevailing wage rates, and in any case an amount not to exceed 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 amount
CONSULTANT shall be paid for such services. The rates in Exhibit A shall be in effect
through the end of the term of this Agreement.
2.1.2 CITY will not reimburse CONSULTANT for costs and expenses
unless such costs and expenses are previously approved by CITY.
2.2 Payment of Compensation
CONSULTANT shall submit monthly invoices for the work completed in the
previous month. CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to
notify CONSULTANT of any disputed invoice amounts within ten (10) days of the receipt
of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed
amount shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider the default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.3 Prevailing Wages
CITY and CONSULTANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit B and incorporated herein by this reference.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnity
Indemnity for Design Professional Services. To the fullest extent permitted
by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify, and hold
harmless CITY and its elected officials, officers, attorneys, agents, employees,
designated volunteers, successors, assigns and those CITY agents serving as
independent contractors in the role of CITY officials (collectively "Indemnitees"), from and
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against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever,
including fees of accountants, attorneys, or other professionals and all costs associated
therewith, and reimbursement of attorney's fees and costs of defense (collectively
"Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise
out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful
misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors,
material men, contractors or their officers, agents, servants or employees (or any entity
or individual that CONSULTANT shall bear the legal liability thereof) in the performance
of design professional services under this Agreement by a "design professional," as the
term is defined under California Civil Code Section 2782.8(c)(2).
3.1.1 Other Indemnities.
(a) Other than in the performance of design professional services, and
to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense,
defend, hold harmless and indemnify the Indemnitees from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants, attorneys, or other professionals and all costs associated therewith and the
payment of all consequential damages (collectively "Claims"), in law or equity, whether
actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or
relate to the acts or omissions of CONSULTANT, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT shall bear the legal liability
thereof) in the performance of this Agreement, including the Indemnitees' active or
passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action
or actions filed in connection with any Claim with counsel of the Indemnitees' choice, and
shall pay all costs and expenses, including all attorneys' fees and experts' costs actually
incurred in connection with such defense. CONSULTANT shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in
connection therewith.
(b) CONSULTANT shall pay all required taxes on amounts paid to
CONSULTANT under this Agreement, and indemnify and hold CITY harmless from any
and all taxes, assessments, penalties, and interest asserted against CITY by reason of
the independent contractor relationship created by this Agreement. CONSULTANT shall
fully comply with the workers' compensation law regarding CONSULTANT and
CONSULTANT's employees. CONSULTANT shall indemnify and hold CITY harmless
from any failure of CONSULTANT to comply with applicable workers' compensation laws.
CITY may offset against the amount of any fees due to CONSULTANT under this
Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's
failure to promptly pay to CITY any reimbursement or indemnification arising under this
Subparagraph (b).
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(c) CONSULTANT shall obtain executed indemnity agreements with
provisions identical to those in this Section 3.1 from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of CONSULTANT in the
performance of this Agreement. If CONSULTANT fails to obtain such indemnities,
CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the
Indemnitees from and against any and all Claims in law or equity, whether actual, alleged
or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the
acts or omissions of CONSULTANT's subcontractor, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT's subcontractor shall bear
the legal liability thereof) in the performance of this Agreement, including the Indemnitees'
active or passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties.
Workers' Compensation Acts not Limiting. CONSULTANT's obligations
under this Article 3, or any other provision of this Agreement, shall not be limited by the
provisions of any workers' compensation act or similar act. CONSULTANT expressly
waives its statutory immunity under such statutes or laws as to CITY, its officers, agents,
employees and volunteers.
Insurance Requirements not Limiting. CITY does not, and shall not, waive
any rights that it may possess against CONSULTANT because of the acceptance by
CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to
this Agreement. This hold harmless and indemnification provisions in this Article 3 shall
apply regardless of whether or not any insurance policies are determined to be applicable
to the Liabilities, Claims, tax, assessment, penalty or interest asserted against CITY.
Survival of Terms. The indemnification in this Article 3 shall survive the
expiration or termination of this Agreement.
3.2 Insurance
3.2.1 General Liability Insurance
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. The policy
or policies shall be issued by an insurer admitted or authorized to do business in the State
of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.2.2 Professional Liability Insurance
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CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSULTANT in the performance of this
Agreement. The policy or policies shall be issued by an insurer admitted or authorized to
do business in the State of California and rated in Best's Insurance Guide with a rating of
A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in
effect from the date of performance of work or services on CITY's behalf until three (3)
years after the date of work or services are accepted as completed. Coverage for the
post-completion period may be provided by renewal or replacement of the policy for each
of the three (3) years or by a three-year extended reporting period endorsement, which
reinstates all limits for the extended reporting period. If any such policy and/or policies
have a retroactive date, that date shall be no later than the date of first performance of
work or services on behalf of CITY. Renewal or replacement policies shall not allow for
any advancement of such retroactive date.
3.2.3 Automobile Liability Insurance
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence
and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000) for property damage arising from
one incident. The policy or policies shall be issued by an insurer admitted or authorized
to do business in the State of California and rated in A.M. Best's Insurance Guide with a
rating of A:VII or better.
3.2.4 Worker's Compensation Insurance
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.2.5 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice, or ten (10) days notice if cancellation is due to nonpayment of premium.
CONSULTANT shall provide immediate notice to CITY, if CONSULTANT receives a
cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the insurance in full
force and effect, CITY may either immediately terminate this Agreement or, if insurance
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is available at a reasonable cost, CITY may take out the necessary insurance and pay,
at CONSULTANT's expense, the premium thereon.
3.2.6 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the City Clerk both a copy of the entire policy and a certificate of insurance
showing that the policies are in effect in the required amounts. The commercial general
liability policy shall contain endorsements naming CITY, its officers, agents and
employees as additional insureds.
3.2.7 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without
cause, by CITY upon ten (10) days prior written notice or by CONSULTANT upon ninety
(90) days prior written notice. Notice shall be deemed served if completed in compliance
with Section 6.15.
(b) CONSULTANT shall cease all work under this Agreement on or
before the effective date of termination specified in the notice of termination. In the event
of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no
fault or failure of performance by CONSULTANT, CONSULTANT shall be paid
compensation for all services performed by CONSULTANT, in an amount to be
determined as follows: for work satisfactorily done in accordance with all of the terms and
provisions of this Agreement as determined by CITY, CONSULTANT shall be paid an
amount equal to the percentage of services performed prior to the effective date of
termination or cancellation in accordance with the work items; provided, in no event shall
the amount of money paid under the foregoing provisions of this paragraph exceed the
amount which would have been paid to CONSULTANT for the full performance of the
services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data,
exhibits, photographs, images, video files and media created or developed by
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CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the
property of CITY without restriction or limitation upon its use, duplication or dissemination
by CITY. All Written Products shall be considered "works made for hire," and all Written
Products and any and all intellectual property rights arising from their creation, including,
but not limited to, all copyrights and other proprietary rights, shall be and remain the
property of CITY without restriction or limitation upon their use, duplication or
dissemination by CITY. CONSULTANT shall not obtain or attempt to obtain copyright
protection as to any Written Products.
CONSULTANT hereby assigns to CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold CITY, and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of CITY officials, harmless from any loss, claim or
liability in any way related to a claim that CITY's use of any of the Written Products is
violating federal, state or local laws, or any contractual provisions, or any laws relating to
trade names, licenses, franchises, copyrights, patents or other means of protecting
intellectual property rights and/or interests in products or inventions. CONSULTANT shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its provision
of the services and Written Products produced under this Agreement. In the event the
use of any of the Written Products or other deliverables hereunder by CITY is held to
constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at
its expense, shall: (a) secure for CITY the right to continue using the Written Products
and other deliverables by suspension of any injunction, or by procuring a license or
licenses for CITY; or (b) modify the Written Products and other deliverables so that they
become non-infringing while remaining in compliance with the requirements of this
Agreement. This covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to CITY all Written Products and other deliverables related
to the Project without additional cost or expense to CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with the document both in
a printed format and in an electronic format that is acceptable to CITY.
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ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act
of 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting, auditing
or inspecting and auditing all records and other written materials used by CONSULTANT
in preparing its billings to CITY as a condition precedent to any payment to
CONSULTANT. CONSULTANT will promptly furnish documents requested by CITY.
Additionally, CONSULTANT shall be subject to State Auditor examination and audit at
the request of CITY or as part of any audit of CITY, for a period of three (3) years after
final payment under this Agreement.
6.4 Personnel
CONSULTANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director
of Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULTANT
be responsible for its associates and subcontractors' services.
6.5 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a) CONSULTANT
is licensed, qualified, and capable of furnishing the labor, materials, and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement; b) there are no obligations, commitments, or impediments of any kind
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that will limit or prevent CONSULTANT's full performance under this Agreement; c)to the
extent required by the standard of practice, CONSULTANT has investigated and
considered the scope of services performed, has carefully considered how the services
should be performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.6 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the
work under this Agreement which is or may likely make CONSULTANT "financially
interested" (as provided in California Government Code Sections 1090 and 87100) in any
decisions made by CITY on any matter in connection with which CONSULTANT has been
retained pursuant to this Agreement.
6.7 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice
of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for
its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.8 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of CITY. Any such purported assignment
without written consent shall be null and void, and CONSULTANT shall hold harmless,
defend and indemnify CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ, when it is appropriate and
customary to do so. Such persons and entities include, but are not necessarily limited to,
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surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of
subcontractors for additional services shall not be unreasonably restricted by CITY
provided CONSULTANT notifies CITY in advance.
6.9 Independent Contractor
CONSULTANT is and shall at all times remain, as to CITY, a wholly
independent contractor. Neither CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein
set forth, and CONSULTANT is free to dispose of all portions of its time and activities
which it is not obligated to devote to CITY in such a manner and to such persons, firms,
or corporations as the CONSULTANT wishes except as expressly provided in this
Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability
on behalf of CITY or otherwise act on behalf of CITY as an agent. CONSULTANT shall
not, at any time or in any manner, represent that it or any of its agents, servants or
employees, are in any manner agents, servants or employees of CITY. CONSULTANT
agrees to pay all required taxes on amounts paid to CONSULTANT under this
Agreement, and to indemnify and hold CITY harmless from any and all taxes,
assessments, penalties, and interest asserted against CITY by reason of the independent
contractor relationship created by this Agreement. CONSULTANT shall fully comply with
the workers' compensation law regarding CONSULTANT and its employees.
CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of
CONSULTANT to comply with applicable workers' compensation laws. The CITY shall
have the right to offset against the amount of any fees due to CONSULTANT under this
Agreement any amount due to CITY from CONSULTANT as a result of its failure to
promptly pay to CITY any reimbursement or indemnification arising under this Article.
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.12 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
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causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.13 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by CITY of any payment to CONSULTANT
constitute or be construed as a waiver by CITY of any breach of covenant, or any default
which may then exist on the part of CONSULTANT, and the making of any such payment
by CITY shall in no way impair or prejudice any right or remedy available to CITY with
regard to such breach or default.
6.14 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.
6.15 Notice
Except as otherwise required by law, any notice, payment or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during CITY's regular business hours or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses listed below, or at
such other address as one party may notify the other:
To CITY:
Responsible Person: Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Richard C. Maher, P.L.S.
KDM Meridian
22541 Aspan Street, Suite C
Lake Forest, CA 92630
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: *2 67/ j KDM Meridian, a California corporation
("CONSULTANT"
By:
Printed Name: �,6.ara C 'ccsr (.s ,5"4
Title: -Wcaant
By:
Printed Name:
Title:
Dated: CITY OF RANCHO PALOS VERDES
("CITY")
By: ,�
ayorik------
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: j/2 6 / j KDM Meridian, a California corporation
("CONSULTANT"
By:
Printed Name: /etcSrai CAYSCaV5r 'nom
Title: t
Printed Name: // t "1 kA./W6
Title: eoRio.
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Dated: q3l2015 CIN OF RANCHO PALOS VERDES
("CITY")
By.
Orayor
ATTEST: APPROVED AS TO FORM:
iiBy. � .�aft By:
City Clerk City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
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or the entity upon behalf of which the persor f acted, executed the i strument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
B. TRAINO is true and correct.
Wifir• Cession•2095920
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Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information canp,Atoe,..wv-e,deter alteration of the document or
fraudulent reattachment of this form to uni tended document.
Description of Attached Docume t
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❑ Partner — ❑ Lim' :• ❑General ❑ Partner — 141 Limited ❑ General
❑ Individual ❑Atto -- in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardia • Conservator ❑Trustee ► Guardian or Conservator
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Exhibit A
Consultant's Statement of Qualifications, including Schedule of Hourly Rates
Exhibit A
R6876-0001\1857605v3.doc
I
�° m RECEIVED
rM
City of Rancho Palos V���
, KDIVI ERIDIaN
JUN 1 5 72,15
I SURVEYING,MAPPING AND LAND SERVICES
PUBLIC WORKS DE,-AR 1F:irh
Mr. Ron Dragoo, P.E. June 12, 2015
Senior Engineer
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275-5391
Subject: Request for Statement of Qualifications(SOQ)to Provide On-Call Survey Services
City of Rancho Palos Verdes
Dear Ron:
KDM Meridian is honored to have the opportunity to present our statement of qualifications for your review and
consideration to provide professional land surveying services to the City of Rancho Palos Verdes.
Our company has had the privilege of serving as an extension of the City's Engineering Department for several
years,working directly for the City or in conjunction with KOA Corporation.This relationship has provided KDM the
opportunity to complete a wide variety of projects,from the City Hall property mapping and boundary survey to
the San Ramon Storm Drain,and the ongoing alignment of Palos Verdes Drive South through Portuguese Bend.
We place a high value on having the City as a client,and show our commitment to the City's needs by being
responsive and taking a hands-on approach to every project that has been presented to us, by both working
directly for the City,or as a sub-consultant to engineering firms such as KOA Corporation and Harris&Associates.
We accomplish this by taking the time to recognize the needs of each project, meeting with staff when possible to
discuss each project's specific requirements and schedule.
The City of Rancho Palos Verdes has called upon us many times to help with difficult or delicate projects that
require a certain finesse that we have gained from our experience working on these City assignments.We
endeavor to be competitive for award of these projects,and encourage our engineering clients on the best
possible methodology when proposing on these development opportunities.We truly strive to maintain the
highest professional and ethical standards in all aspects of our business through accuracy, integrity,
responsiveness,reliability,and a true enthusiasm for what we do for each and every City project.
Once again, KDM Meridian looks forward to continuing our successful relationship with the City of Rancho Palos
Verdes. We are always available to discuss the needs of the City and the Engineering Department staff at your
convenience,and encourage the City to call upon our experienced staff whenever necessary.
Respectfully,
/ /63 -,7eir,41.,._,
Richard C. Maher, P.L.S.
Principal
22541 Aspan Street, Suite C,Lake Forest, California 92630
Telephone: 949-768-0731 Facsimile: 949-768-3731
City of Rancho Palos Verdes Page 1 of 14
On-Call Surveying Services
Firm Overview
KDM Meridian
22541 Aspan Street "C"
Lake Forest, CA 92630
(949) 768-0731
DUNS Number: 117829247
NAICS Number: 541370 Surveying and mapping services
State of California Small Business Enterprise: 31074
KDM Meridian, a California corporation and Small Business Enterprise, was established in 2000
as a professional land surveying consulting firm specializing in GPS and conventional land
surveying.
For the past fifteen years, KDM Meridian has built a solid client portfolio by consistently
meeting the project schedule and budget requirements of our local, regional, state, and federal
agency clients. With our office located in Lake Forest, California, KDM's skilled staff has
provided timely, high-quality professional services throughout the Counties of Los Angeles,
Orange, Ventura, Riverside, San Bernardino, and San Diego.
Current staffing consists of 11 members, including three licensed land surveyors, an engineer in
training (EIT) and land surveyor in training (LSIT). In-house personnel provide full service land
surveying, including but not limited to:topographic and design surveys, aerial target control, as-
built surveys, construction staking, boundary surveys, monument perpetuation, benchmark
establishment and re-establishment, subdivision map checking, title records research, legal
descriptions, records of survey, parcel maps, and tract maps.
Our overarching values—including accuracy, integrity, responsiveness, and reliability—allow us
to effectively function as an extension of the City of Rancho Palos Verdes Engineering staff to
provide professional and technical services in a high-quality, cost-effective manner.
LidKDM MERIDIAN
City of Rancho Palos Verdes Page 2 of 14
On-Call Surveying Services
City of Rancho Palos Verdes Projects
The project staff proposed to complete the desired services has extensive experience working
on projects requiring a similar array of services, either singularly or in combination.
Project: City Hall Site Boundary and Site Mapping
Agency: City of Rancho Palos Verdes—Contact:Alan Braatvedt(310) 525-0684
Tasks: Topographic site plan and boundary survey of City Hall property.
Description: Prepared topographic site plan and comprehensive boundary survey of City Hall
property with both aerial mapping and ground surveying. Record of Survey Map Book
255, Pages 75-79 (Los Angeles County).
Project: San Ramon Storm Drain Improvement Project
Agency: City of Rancho Palos Verdes—Contact: Ron Dragoo(310) 544-5253
Client: Harris&Associates—Client Contact: Randy Berry(949) 655-3900
Randall.Berry@weareharris.com 22 Executive Park, Suite 200, Irvine, CA 92614
Tasks: Aerial mapping,design survey and cross-sections, legal descriptions for easements.
Description: Preparation of base maps for design of storm drain improvements in the San Ramon
Canyon.
Project: McCarrell Storm Drain Improvement Project
Agency: City of Rancho Palos Verdes—Contact: Ron Dragoo (310)544-5253
Client: Harris&Associates—Client Contact: Randy Berry(949) 655-3900
Randall.Berry@weareharris.com 22 Executive Park,Suite 200, Irvine,CA 92614
Tasks: Aerial mapping and design survey and cross-sections.
Description: Preparation of base maps for design of storm drain/drainage improvements.
Project: Sea Cove Right-of-Way Investigation
Agency: City of Rancho Palos Verdes—Contact: Ron Dragoo (310)544-5253
Tasks: Preliminary boundary mapping survey to locate street R/W.
Description: Prepared and recorded a Record of Survey for monumentation of property boundary
lines Record of Survey Map Book 220, Page 57 (Los Angeles County).
Project: Parkhurst Drive Right-of-Way Investigation
Agency: City of Rancho Palos Verdes—Contact: Ron Dragoo (310)544-5253
Tasks: Boundary and mapping survey to confirm location of drainage easement.
Description: Prepared and recorded a Record of Survey for monumentation of property boundary
lines Record of Survey Map Book 221, Page 01 (Los Angeles County).
Project: Sub Region One Bluff Top Drainage Control—Trail Erosion Site Locations(5)
Agency: City of Rancho Palos Verdes—Contact:Siamak Motahari (310)544-5252
Tasks: Field survey of five sites for design of trail/pedestrian improvements.
Description: Prepared base maps for design of proposed bluff top erosion control improvements.
C � K D M MERIDIAN
City of Rancho Palos Verdes Page 3 of 14
On-Call Surveying Services
Project: 4931 Rockvalley Road Site Exhibit
Agency: City of Rancho Palos Verdes—Contact: Nicole Jules(310)544-5275
Tasks: Field survey to prepare a right-of-way exhibit of subject property.
Project: 6100&6108 Arrowroot Lane Road Site Exhibit
Agency: City of Rancho Palos Verdes—Contact: Melissa Countryman (310)544-5252
Tasks: Field survey to prepare a right-of-way exhibit of subject property.
Project: Arterial Roads Rehabilitation Project FY 10- 11
Agency: City of Rancho Palos Verdes—Contact: Nicole Jules(310)544-5275
Tasks: Aerial mapping and design survey.
Description: Preparation of base maps for design of street improvements.
Professional References
We proudly submit the following names of additional public agency clients who, like all our
clients, will provide a comprehensive and positive review of services provided by KDM
Meridian. Please contact any of the following individuals in the selection process for this
contract:
City of Signal Hill* Ken Farfsing(562) 989-7300 City Manager
City of Laguna Beach Steve May (949) 497-0351 DPW/City Engineer
City of Irvine* Darrell Hartman (949) 724-7556 Sr. Civil Engineer
City of Moreno Valley* Larry Gonzales (951) 413-3136 Sr. Engineer
City of Anaheim* Richard Hill (714) 765-5284 City Surveyor
City of Garden Grove* Mark Uphus (714) 741-5375 Sr. Civil Engineer
City of Buena Park Nabil S. Henein (310) 544-5250 Deputy City Engineer
City of Fullerton* Yelena Voronel (714) 738-6852 Sr. Civil Engineer
City of Lake Elsinore* Peter Ramey (951) 674-3124 Sr. Engineer
City of Glendora* Noel Zemla (626) 852-4845 Principal Civil Engineer
County of Orange Stacy Blackwood (714) 973-6632 North Div. Manager
City of La Mirada* Gary Sanui (562) 902-2373 Public Works Manager
*Indicates On-Call Survey Services Contract
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City of Rancho Palos Verdes Page 4 of 14
On-Call Surveying Services
Staffing Resources
KDM Meridian is well-placed to provide the skilled personnel required for any City project
which involves professional land surveying work. Having a well-balanced staff cross-trained in
all aspects of our daily work efforts and no over-reaching commitments or liabilities allows KDM
to ensure that the City of Rancho Palos Verdes will be a focused priority.
Project Team
Project Manager / Project Surveyor
Rich Maher is a professional land surveyor (PLS) registered in the state of California, with over
twenty years of experience in the land surveying and civil engineering industries. As principal of
KDM Meridian and project manager, Mr. Maher will be the primary point of contact for the City
of Rancho Palos Verdes' Engineering Department. As a founding owner of KDM Meridian, he
provides the driving force behind the excellence of service demanded of his entire staff. He will
ensure each project's technical requirements are met, oversee the application of proper quality
control and assurance procedures, and commit corporate resources to meet the City's
objectives and schedule.
Mr. Maher has extensive experience in all facets of land surveying, participating on a consulting
basis, as part of a project team, or in the management of projects with over one hundred
different local, county, and state agencies and utilities districts. In that capacity, he has been
responsible in whole or in part for project development, right-of-way engineering, annexations,
heavy and light construction, design topographic surveys, aerial control networks, legal
descriptions, boundary surveys, records of survey, and parcel and tract map preparation. His
persistent involvement in the details of daily survey department operations has provided him
with extensive knowledge of state of the art technology, hardware, and software used industry-
wide. In doing so, Mr. Maher continues to be successful in providing services tailored to each
client, acting as an extension of their staff, understanding their needs, anticipating issues, and
providing solutions.
Survey Manager
Patrick Earl is a professional land surveyor (PLS) registered in the state of California, with ten
years of experience in field and office surveying. His previous employment allowed him to learn
under a land surveyor with vast experience in the title business, giving him a unique
understanding of the underpinnings of real property boundary issues. Working at a small firm
also afforded Mr. Earl the opportunity to follow projects from inception to deliverable. He has
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City of Rancho Palos Verdes Page 5 of 14
On-Call Surveying Services
quickly risen through the ranks at KDM Meridian to become a talented land surveyor with a
certain prodigious future. To compliment his field experience in topographic, boundary, and
construction surveying, he has exceptional office surveying skills in mapping and calculation
that will be of great value in the performance of the services for the City of Rancho Palos
Verdes.
Mr. Earl joined KDM Meridian six years ago as a survey technician, to assume the role of daily
supervision of the office staff's data reduction and mapping processes. Mr. Earl is responsible
for topographic mapping, boundaries, and survey calculations for the survey department, with
responsibilities including the preparation of design topographic maps, boundary and record
mapping. His additional responsibilities in this capacity, if needed, will include coordinating the
in-house work effort for checking and review of subdivision maps, lot line adjustments, legal
descriptions and plats, and easements. He will direct and supervise the performance of WA &
Q/C reviews of completed work, and the checking and reviewing of field generated data.
Chief of Parties
Mr. Keith M. Klagge has worked for over twenty years in the land surveying and civil
engineering industries. Mr. Klagge's experience includes participation in project teams for over
fifty different local, county, state, and utility agencies, as well as private clients. In that
capacity, he has been responsible in whole or in part for right-of-way engineering, annexations,
heavy and light construction, design topographic surveys, aerial control networks, boundary
surveys, records of survey, network control diagrams, Government Land Office (GLO) corner
searches, and corner monumentation /corner maintenance surveys. Over the course of his
career, Mr. Klagge has specialized in public works projects including street, sewer, water, storm
drain, parks, and municipal building improvements.
Mr. Klagge's daily direct involvement in the details of survey projects has provided him with an
expert working knowledge of state of the art technology, hardware, and software used
industry-wide providing a high level of service, acting as an extension of a client's staff while
supporting clear project objectives and always maintaining quality control of the final product.
Mr. Klagge will direct the daily functions of the field crews in projects for the City of Rancho
Palos Verdes. He will set the standards and implement the quality control measures to ensure
the proper collection of field data and execution of other field activities.
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City of Rancho Palos Verdes Page 6 of 14
On-Call Surveying Services
Senior Survey Technician
Mr. Andrew Salva, EIT, LSIT, has eight years of experience working for KDM Meridian, starting
as an intern during breaks while attending and graduating from California State Polytechnic
University, Pomona. Mr. Salva has worked both in the office and the field in his capacity as a
survey technician, increasing his knowledge and skills in the surveying and engineering field by
first obtaining his EIT, followed by earning his LSIT, with the goal of obtaining his Surveyor's
License for the State of California.
Mr. Salva has been assigned as a project manager for several smaller projects for local agencies
and engineering firm clients, gaining the experience to take on ever greater responsibilities. Mr.
Salva will assist in the processing and preparation of maps and related data for this work for the
City of Rancho Palos Verdes.
Field Personnel and Additional Resources
All field personnel working for KDM are seasoned field surveyors with years of experience in
accurate and efficient field survey techniques. This staff has a well-developed critical ability to
recognize and mitigate any potential issues in the field, allowing them to complete the work as
cost effectively as possible. KDM Meridian will utilize, as necessary, additional experienced
staff, including licensed surveyors, field surveyors, and office personnel,to meet each project's
schedule and goals.
Safety
All field personnel are required to wear long pants, long-sleeved shirts, steel-toed work boots,
and high visibility (Caltrans Standards) safety vests. On required projects, our crews have hard
hats, UV eye protection glasses/goggles, hearing protection, dust masks, gloves, and back
support (vests) available for use. We also utilize tethered safety harnesses for work in and
around large capacity sewer and drainage structures, including manholes, and within areas
requiring fall protection gear (harnesses). We utilize the services of a traffic control company
(California Barricade)to provide safe work zones within high volume vehicular traffic areas.
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City of Rancho Palos Verdes Page 7 of 14
On-Call Surveying Services
Scope of Services
Design Survey
KDM Meridian routinely provides topographic base mapping directly to a number of local cities
for in-house design of a range of municipal street and facility improvements. Moreover, as the
preferred sub-consultant for a number of local civil engineering firms providing public works
design, KDM Meridian performs topographic and preliminary design surveys throughout Los
Angeles and neighboring counties. As has been stated elsewhere within this proposal, the
success of this type of project depends mainly on an understanding of the intended design and
the base mapping requirements. Each project starts with an in-depth client discussion over the
purpose of the survey and the uses to which it will be employed. Specific methods and scope
are tailored on a project by project basis to balance cost constraints with project requirements
and schedule. KDM Meridian will provide electronic surface model compatible with AutoCAD
and related software. We will provide DWG, PDF, and ASCII files of completed project base
mapping, as required.
The KDM staff identified within this submittal has completed hundreds of aerial mapping
projects using aerial photogrammetry (provided by our referenced sub-consultant). These
projects have been as small as establishing four to five aerial targets and related control, to as
large as having to establish over four dozen aerial targets and related control network. Mr.
Maher is a licensed pilot, and has flown with and assisted our aerial photogrammetrist principal
on some of our aerial mapping projects. Our firm began initially by providing aerial target
establishment and control on infrastructure improvement projects for our private engineering
company clients. We have built upon this work to offer this service to fulfill our client's needs
for accurate aerial mapping products.
Boundary Surveys
KDM Meridian has provided boundary surveys on projects ranging from single lots to entire
neighborhoods. Boundary projects require expert research of existing records, investigation of
local knowledge, solid application of boundary principles, and knowledge of municipal
standards and those mandated in statute. We understand and apply the requirements of all
laws pertaining to boundary establishment. KDM Meridian will bring its extensive experience to
bear on each boundary project to establish the appropriate methodology and the legal
documents (corner records, records of survey, or subdivision maps)that must be filed.
. w
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On-Call Surveying Services
Monument Research, Preservation, and Re-establishment
Any proposed street improvements under this contract will require monument
preservation/perpetuation in accordance with statutes (e.g. CAL. BPC. Code § 8771). The
existing conditions of the monuments (i.e. already buried, lost, disturbed, or at existing surface)
would need to be determined prior to the construction of these proposed street
improvements.
The process of executing this preservation/perpetuation project begins with a complete
research of record documents and maps at the City of Rancho Palos Verdes and the County of
Los Angeles Surveyor's offices to determine the potential position of all monuments and
references (ties).
For most street improvement projects, a corner record may be required dependent on the
existing ties, existing records, and the results of measurements made. Non-record monuments
will be treated similarly, but a corner record must be filed with ties to enter it into the record.
For remove and replace, or overlay reach areas of the project, for any existing surface
monument a corner record will be filed and the original monument will be physically removed if
less than 3" below the adjacent finish surface. After construction a new monument will be set
in the finished surface of construction and another corner record will be filed describing the
final character of the monument and ties.
If a monument, either surface or buried and exposed, is found to have been disturbed or lost
(missing and no immediate evidence to locate), the re-establishment of the monument may
require unknown additional effort including surveys of relationship to adjacent controlling
elements and possibly including a record of survey to be filed.
Construction Staking
KDMM has a long history of working for cities on capital improvement projects, either directly
as a consultant, or as a sub-contractor for an engineering firm. As a general rule, KDM
Meridian does not solicit to provide construction staking to contractors or developers.
Instead,we prefer to reserve this service for our public sector clients. To focus our
concentration and service on our public sector clients, we generally provide this service while
working either directly for the owner/agency or as part of the construction management team.
The majority of this construction staking work is a result of design survey work completed for
the project. This provides us with the distinct advantage of being able to identify monuments
for perpetuation, understanding the work limits and type of improvements, and also knowing
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On-Call Surveying Services
what hazards and safety issues are associated with the project.
KDM Meridian is experienced in providing staking for all facets of public works projects, from
simple utility upgrades to newly cut roadways and municipal facilities. We have worked closely
with construction and project managers, city inspectors, and contractor's superintendents
through attendance of both office and field site meetings, and by working within construction
schedules.
When working to pre-calculate staking items, based upon an approved schedule of work
submitted by the contractor, the work involves verifying distances and grades, in essence a
QA/QC of the plans. This quickly identifies any problems or concerns associated with
construction/design plans prior to staking and by submitting requests for
information/clarification as needed, in a timely fashion that will usually be within sufficient time
to prevent work delays.
By working with the inspectors, and contractor's staff, we can pre-calculate required staking
items to coincide with the stated schedule, and upon receipt of the written staking request,
review the submission to ascertain that it is completed properly and have clear direction for
staking items as requested, and for us to respond within 48 hours' notice (does not pertain to
weekends). Written survey requests from the contractor and correspondence with City staff
will be maintained throughout the duration of each project, and will include weekly updates on
work activities in City approved format.
Both City and contractor will be provided with electronic files and hard copies of cut sheets
(and field notes, when necessary) on approved City forms. Our staff will maintain good public
relations with both City and contractor's staff and interacting with residents, property and
business owners. We also provide pro-active support and coordination effort for construction
work with utility companies and other agencies involved in the work projects.
Coordinating construction staking projects utilizing the methods as described above provides
for a productive and cost effective project, with the ability to complete the work on time and
within budget. The most important goal of our work is to prevent contractor work delays, with
equipment and manpower standby costs related to such delays.
For all of our field work, and especially on our construction contracts, we maintain high visibility
and current safety equipment and signs for protection of our staff and the public. We also
conduct regular tailgate/safety meetings outlining project specific safety awareness and
concerns. We are contracted with a Traffic Control Company that can provide a traffic control
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On-Call Surveying Services
plan, staff, vehicles, signs, cones and related equipment to provide a safe work area, should this
requirement become necessary.
Calculation of Earthwork Quantities
KDM Meridian utilizes the most sophisticated software packages to create digital terrain
modeling and produce accurate volume calculations. KDM's field staff is well trained in the
proper and exacting detail that is required to all creation of accurate terrain models. Office
personnel then compile this data into true representations of existing surfaces, incorporating
pre-existing surfaces or proposed models into complete digital terrain models. Surface to
surface digital volume calculations are rigorously applied and reported through several
industries accepted methods for accuracy cross-checking. These accurate and repeatable
models are documentable and facilitate reliable estimation of values for excavation or export
items. Three dimensional visual models can also be produced as necessary to show model
accuracies.
Our experience in this work has been for some of our on-call agency contracts for grading
projects for a variety of improvements. We have found that having a reliable base surface and
equally dependable removal or grading surface is critical in developing an accurate quantity for
planning and design purposes, or verification of contractor progress payments.
Documenting the Location & Type of Existing Structures & Utilities Prior to
Demolition
Most of the projects that KDM has completed for design work involved the mapping of existing
conditions, usually by utilizing a combination of aerial and augmenting field ground survey
mapping. Using these methods can help produce a detailed but cost effective mapping product
that satisfies the requirements of the project. We are experienced in locating designated
utilities, having worked with and for Cardno, collecting their SUE markings on numerous
infrastructure improvement projects within Los Angeles and Orange Counties.
Preparation of Easements/Legal Descriptions, and Dedications
We have completed numerous legal descriptions and plats for easements and dedications
primarily for property acquisition and right-of-way establishment for the Cities of Laguna
Beach, Tustin, Fullerton, La Habra Heights, Culver City, and the City of Signal Hill. In addition to
our work for public agencies, we have also completed this work for private development
clients. We have become the go-to firm for several of the Cities mentioned above for questions
•
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On-Call Surveying Services
or difficulties that have been encountered for this or similar work, either discussing solutions
via telephone, or face to face meetings with City Staff. Each legal description starts with a
review of a current title report to ascertain vesting documents, ownerships, and third-party
interests. All legal descriptions prepared by KDM Meridian include a plat depicting the
described parcel(s) for ready interpretation by laypeople, without requiring them to decipher
the written description. The City's current standards for legal descriptions are used to maintain
consistency of property records. We are comfortable in offering these services to KOA/Culver
City.
Map Checking for Subdivision
KDM Meridian has provided on-call map checking services for several cities in Los Angeles and
Orange Counties. The process of map checking includes two priority items. Foremost, KDM
Meridian works with the City to ensure that developer submissions are made in a complete
format. Developers are guided to comply with submission checklists to ensure the process is
efficient from the first submission. Secondly, City checklists for map checking are augmented as
necessary with KDM Meridian's own map checking procedure and applied in a consistent
manner to keep submitting parties clear on the map requirements. Together with providing
checklists to submitters for clarity, complete logs and records are generated for each
submission.
Record Map Preparation
With a focus on the public works sector, KDM Meridian has a unique familiarity with the
mapping requirements for this area. While many municipal projects are exempted from the
subdivision map process, KDM Meridian has nonetheless performed a number of subdivision
maps for facilities such as city halls and police departments in redevelopment parcel maps.
Most often, during the course of boundary surveys and establishment for the public works
sector, a record of survey, in accordance with Section 8762 of the Business and Profession's
Code, is the best solution to meet the city's interests. Long held agency properties, exempt
from the regular mapping process, can suffer from a lack of surveys being recorded. This dearth
of record mapping leads to uncertainty in boundary location and an increase in litigation risk.
KDM Meridian has extensive experience in researching the ownership and transfer of lands in
the public sector and preparing records of survey in accordance with state laws and county
standards to protect the City's interests. Record maps will be prepared by the standards of the
State of California and County of Los Angeles, at the direction of the City Staff.
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On-Call Surveying Services
Title Records and Record Map Research
Through the execution of countless reviews of property records for surveys of all types, KDM
Meridian staff has become adept at retrieving and analyzing title documents with respect to
their effect on property boundaries, rights and interests. Having developed a relationship with
several title companies and experience in researching chains of title, and having access to
databases that provide record documents, KDM Meridian skillfully researches available records
of properties and adjoiners to provide reports and documentation for City property
investigation.
This work has often entailed record map and documents research for public and private
properties, as we have learned through our extensive work in record map checking. Our staff
has become adept at utilizing available resources from several different sources. Concentrating
these efforts for a specific city in central Los Angeles County would be most advantageous, as
our experience in and for LA County and the County Surveyor's office afford us an almost
unlimited resource for obtaining record information for this work.
Technological Resources
From its inception, KDM Meridian has maintained a firm commitment to keep abreast of, and
to apply, the latest proven technology as it meets the objectives and requirements of each
project. Both our office and field staff are equipped with and trained in the most current data
processing, mapping, and measurement equipment and software. KDM Meridian offers its
clients advanced technology, but also the extensive experience and critical judgment needed to
interpret the data that we collect with the project's equipment.
The best utilization of computing systems is always kept current through a process of constant
upgrades to keep pace with software demands and innovations. Systems no longer meeting
strict company standards are cleared from inventory and donated to local schools or charities.
KDM Meridian is constantly learning of, evaluating, and testing new software packages to keep
the company abreast of industry standards and movement. At significant expense in hardware
and training, KDM Meridian has strived to maintain the latest in land surveying and related
measurement equipment. All field crews at KDM Meridian daily field the latest total stations
available with full robotic, servo-driven tracking, and reflectorless capabilities controlled by the
latest data collectors.
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On-Call Surveying Services
Capability of Proposed Team
Description of Approach to Work
We are able to bring a staff with a vast and varied background in survey, construction, design,
engineering, environmental, and mapping work for the City of Rancho Palos Verdes' projects.
We believe that this wide experience gives our team a better understanding of not only the
needs of the client, but also a comprehension of how the survey work contributes to each
projects purpose and function.
Our survey work contracts and commitments challenge us with an ever changing schedule that
we can usually accommodate even on an hour by hour, day by day fluctuation. We typically
acknowledge written Notice-to-Proceed or executed contracts as the start of each project. We
also understand that construction and construction related survey work will take precedence
over other work, due to the importance of keeping this work on time, on schedule, and most
importantly, on budget.
When we are first notified that any project is starting, and knowing that survey crews are
usually first in order of work, we would encourage City Engineering staff to meet with us to
discuss project objectives, scheduling, and hard due dates for deliverables. By discussing these
issues up front before a project is formally started, we have the information to plan and
schedule our work to meet or exceed the requirements of the City's needs.
Quality Management
Our on-going work with several local cities has given KDM Meridian the opportunity to work
with different departments and staff members to garner the knowledge of the requirements
necessary to deliver a successful completed project. KDM Meridian believes that quality
assurance begins long before preparation of the final deliverables. To ensure that our project
deliverables are error free,the standards and processes employed at KDM Meridian foster an
organizational environment committed to quality, as reflected in the following principles:
• Staffing: Include the most qualified staff as part of a project's human resources.
• Methodology Peer Review: Review of proposed methodology to accomplish each
project task.
• Standardization: Standardized procedures, equipment, forms, and training.
• Checks: Review of notes, calculations, drawings, and reports.
• Independent Review: Review of project data and deliverables at critical steps in the
KDM MERIDIAN
City of Rancho Palos Verdes Page 14 of 14
On-Call Surveying Services
process by a licensed professional not involved in the planning/execution of the work.
Corrective Methods for Scheduling Adherence
There are a variety of factors that can move a project past its deadline. The work may be more
complex than originally anticipated, schedule or resources may have been underestimated, and
any number of other unforeseen conditions may be the root cause of delays. Although KDM
Meridian strives to identify these potential issues and rectify them before they impact the
project schedule, when they do occur, we work expeditiously to bring projects back on track
without compromising the City's objectives or budget.
KDM Meridian believes that determining the cause is the first step in this corrective process.
Without this crucial element, solutions implemented may not keep the situation from
reoccurring. Discovered early, the available remedies to problems are more numerous, and as
such, KDM Meridian endeavors to closely monitor the progress of each project in relation to
committed deadlines. The following is a list of possible solutions, not all of them feasible in
each case:
• Overtime work performed by consultant team
• Reallocation of resources
• Review and potential revision of project task dependencies and time-constrained
activities
• Review and potential revision of scope
• Review and potential revision of project priorities
Should a project assigned to KDM Meridian begin to divert from the proposed schedule, some
combination of the above listed corrections will facilitate in nearly all instances a
reestablishment of the project schedule without additional cost.
[ ] KDM MERIDIAN
Lj: KDM MERIDIAN
Fee Schedule
Valid Through October 1, 2015
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 man w/truck) $175.00
Survey Crew(2 persons) $260.00
Survey Crew GPS (3 persons) $350.00
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
Exhibit B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Consultant acknowledges that the project as defined in this Agreement
between Contractor and the City, 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: keep accurate
payroll records and verify such records in writing under penalty of perjury, as specified in
Section 1776; certify and make such payroll records available for inspection as provided
by Section 1776; and 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
Exhibit B
R6876-0001\1857605v3.doc
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.
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 (1) 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 eight (8) hours per day, and forty (40) hours during any one week shall be
permitted upon public work upon compensation for all hours worked in excess of eight (8)
hours per day at not less than one and one-half (1-1/2) 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
Exhibit B
R6876-0001\1857605v3.doc
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.
Exhibit B
R6876-0001\1857605v3.doc
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