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HomeMy WebLinkAboutAGMT - KDM Meridian (On Call Professional Surveying Services) PROFESSIONAL SERVICES AGREEMENT for On-Call Professional Surveying Services between OF SEAL B t =FOR 7F'Fq�''a P 0Rg 4� :411 kipmwr %Oi %Q% 'itteo NT"(, City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 KDM Meridian 1340 Reynolds Ave., Suite 110 Irvine, CA 92614 (949) 768-0731 This Professional Service Agreement ("the Agreement") is made as of August 12, 2024 (the "Effective Date"), by and between KDM Meridian ("Consultant"), a California corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call professional services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on March 13, 2024, for On-Call Professional Services for Various Disciplines and as further defined and described with specificity in Section 1 .0 of this Agreement. Consultant submitted a proposal dated April 24, 2024, to perform the on-call professional services defined and described in Section 1 .0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional surveyors and are fully qualified to perform the on-call professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1 .1. Consultant's Services. Strictly on an on-call basis, and in compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those on-call professional surveying services (collectively "Services") in the Request for Proposals or other solicitation ("REP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal"), attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. Given the on-call nature of this Agreement, Consultant acknowledges that there is no guarantee that City shall request any Services hereunder. 1 .2. Agreement Documents; Order of Precedence. 1.2.1 . The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C) , all of which are incorporated herein by this reference. 2 of 23 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (the RFP); and then (iv) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C on the other hand, the Agreement shall control. 1 .3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by City shall not operate as a release of Consultant from such standard of care and workmanship. 1 .4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1 .5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 3 of 23 2.0 Term 2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on August 12, 2027, unless sooner terminated or extended as provided by this Agreement. 2.2. Extensions. City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by City, the first extension shall have a term extending from August 13, 2027 through and including August 12, 2028, unless sooner terminated or extended pursuant to this Agreement. If timely elected by City, the second extension shall be from August 13, 2028 through and including August 12, 2029, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Consultant's authorized representatives. 3.0 Consultant's Compensation 3.1. Original Term. In consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not-to-exceed amount of $200,000 (Two Hundred Thousand dollars) for the Original Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, and in consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will City pay more than the total not-to-exceed amount of $75,000 (Seventy-Five Thousand dollars) for each extension. Payment for any additional work authorized by City for each extension pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for each extension. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall 4 of 23 describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Upon the effective termination date, Consultant shall cease all work under this Agreement immediately. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 5 of 23 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. Richard Maher is the Consultant's primary representative for purposes of this Agreement. Richard Maher shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. TO Notices 7.1 . All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: KDM Meridian 1340 Reynolds Ave. Suite 110 Irvine, CA 92614 Attn: Richard Maher 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1 . Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the 6 of 23 Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 7 of 23 9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, 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 Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 8 of 23 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product 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 upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. 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 Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City 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 Work Product violates 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 Work Product produced under this Agreement. In the event the use of any of the Work Product 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: (i) secure for City the right to continue using the Work Product 9 of 23 and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any 10 of 23 such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and shall be at Consultant's sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours' notice by City, during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 11 of 23 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1 ,000,000 per accident and in the aggregate for bodily injury or disease. 12 of 23 17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as 13 of 23 independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 14 of 23 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or 15 of 23 result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. 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, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 18.2. Other Indemnities. 18.2.1. 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, protect, 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, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or 16 of 23 individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise 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 Liabilities 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. 18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, 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 indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise 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. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, 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 elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and 17 of 23 indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or 18 of 23 agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non-Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement.. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 19 of 23 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 29.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 20 of 23 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 32.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 33.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services 21 of 23 rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 37.0 Recitals City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 22 of 23 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT: KDM Meridian, a 466 0 a)‘ California Corporation By: By: I R. Ingram, City Mana er Name R/ffi,f'?D Ere Its: P? 5 , DELI Attest: By: Name: L+A-nr e_ (S0-1 Its: Secre+G.r �{ By: �l oria . a r, City Clerk (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from Approved as to F each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the By: secretary, any assistant secretary, the Nicholas Ghirelli, City Attorney chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 23 of 23 EXHIBIT A CITY REQUEST FOR PROPOSALS DATED MARCH 13, 2024 "On-Call Professional Services for Various Disciplines" City of Seal Beach Request for Proposals for On-Call Professional Services for Various Disciplines •4,4P0SEAL `.. • • • MindiSit% 4 ` i — ` " 0 MIS _....01MIIIIMIIIIMIll I* . • • Illn INNIMINii • I r f ��■ r• r �f r • ,r *YF I � • I% IFOR! RFP responses to be received until 10:00 A.M., April 10, 2024 in the Public Works Department ATTN: Kathryne Cho, Deputy Director of Public Works/City Engineer Approved for Advertising: Iris Lee Director of Public Works Date Issued: March 13, 2024 Table of Contents Contents I. INTRODUCTION 3 II. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES 5 A. QUALIFICATIONS 5 B. SCOPE OF WORK 5 III. PROFESSIONAL PLAN CHECK SERVICES 6 A. QUALIFICATIONS 6 B. SCOPE OF WORK 7 IV. PRE-PROPOSAL QUESTIONS 7 V. SCHEDULE* 8 VI. SUBMITTAL REQUIREMENTS 8 A. ACCEPTANCE OF SUBMITTALS 8 B. PROPOSAL REQUIREMENTS 9 VII. FEE PROPOSAL 10 VIII.INTERVIEW 11 IX. SELECTION PROCESS 11 A. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES 11 B. PROFESSIONAL PLAN CHECK SERVICES 12 X. GENERAL CONDITIONS 13 XI. SAMPLE (DESIGN) PROFESSIONAL SERVICES AGREEMENT 16 XII. SAMPLE (NON-DESIGN) PROFESSIONAL SERVICES AGREEMENT 17 Page 2 of 17 REQUEST FOR PROPOSALS FOR ON-CALL PROFESSIONAL SERVICES for VARIOUS DISCIPLINES I. INTRODUCTION BACKGROUND The City of Seal Beach is a charter city with a population of approximately 25,000 people, located approximately 28 miles south of Los Angeles - between the cities of Long Beach and Huntington Beach. The Public Works Department oversees several disciplines, including engineering, maintenance & operations, utilities, traffic and transportation, storm water and NPDES, and Capital Improvement Projects ("CIP"). In the past, the City has contracted with a variety of professional firms to provide on- call/as-needed services and has renewed each contract for several years. This Request for Proposal ("RFP") will provide new opportunities for professional firms to collaborate with the City. The City has a strong commitment to providing its residents with the highest level of quality of life and to remaining one of the most sought-after places to live. PURPOSE OF REQUEST The City of Seal Beach ("City") is requesting proposals from qualified and professional firms ("Consultant"), of various sizes and capacity, to provide comprehensive professional services on an on-call/as-needed basis. It is desirable that the successful Consultant(s) have the ability to provide in-house services, or capacity to sub-consult, for multiple disciplines. There are two (2) main categories with a total of 29 disciplines, as follows: A. Professional Engineering/Design/Management Services: • Environmental Design & Planning • Construction, Project, & Program Management • Geotechnical Engineering • Grant Services • Intra/interagency Coordination and Permitting • Landscape Architecture & Parks Design • Marine & Coastal Engineering • Mechanical, Electrical, & Plumbing • Right-of-Way Acquisition • Land Development Services (i.e. Title Report, Easement Preparation) • Roadway Rehabilitation & Geometric Design • Strategic Support Services • Structural Engineering Page 3 of 17 • Survey • Traffic &Transportation Engineering • Intra/Interagency Coordination and Permitting • Sewer System and Facilities Design • Storm Drain System, Conveyance, and Facilities Design • Water System and Facilities Design • Water Quality/Resources Services (i.e. Lead & Copper inventory, Cross Connection, NPDES) • Utilities Maintenance Services • Utilities Modeling & Planning • Utilities Studies & Master Plans • Other B. Professional Development Services Support: • Encroachment & Development Permitting and Agreements • Development Services (i.e., Grading Plan Checks, Streets) • Subdivision Plan Review (i.e., Lot Line Adjustment, Tract Map, Parcel Map, Certificate of Compliance) • Survey • Utility Plan Check, Permit Processing and Coordination (i.e. Wireless Telecommunication, Public Utilities, and Investor-Owned Utilities) • Right-of-Way Acquisition • Land Development Services (i.e. Title Report, Easement Preparation) • Water Quality/Resources Review (i.e. WQMP, SWPPP, Hydrology, Drainage) The City anticipates awarding multiple professional firms with three (3) year on-call agreements, with an estimated contract amount to be determined. An option to extend may be included in the agreement. The final agreement amount, term, and the number of firms will depend on the quality, diversity, and responsiveness of the received proposals. Due to the on-call/as-needed nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and fee for each requested task will be negotiated on a project-by-project basis. The City reserves the right to not accept the Consultant's scope and fee. Page 4 of 17 II. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES A. QUALIFICATIONS Minimum Qualifications: • Valid California Professional Civil Engineering license, California Professional Engineering license, and/or accreditation for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional engineering experience. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. • Ability to provide deliverables consistent with the latest City-adopted AutoCAD and other engineering/non-engineering-related software. • Proficiency with applicable regulatory agencies' rules and regulations. • Experience with municipal utilities systems and facility design (e.g. water, sewer, and storm drain) • Provide regulatory agency permitting/coordination support. Desirable Qualifications: • Experience in providing professional engineering services for a coastal community. • Familiarity with the City of Seal Beach standards, provisions, and practices. • Demonstrated experience with community public outreach, in particular, for a coastal community. • Experience in providing effective and efficient file transfer platforms to facilitate document/plan check tracking and exchanges. B. SCOPE OF WORK The following is a list of professional engineering services that may be requested: • Provide full plans, specifications, and estimates for a broad-range of engineering disciplines • Provide cost estimating and value engineering services • Provide bid support and record drawings preparation services • Provide construction support, administration, and management services • Provide professional surveying services • Provide professional geotechnical services • Provide a broad-range of community outreach services Page 5 of 17 • Review public/private development plans and maps • Provide regulatory agency permitting/coordination support • Provide grant-writing services • Prepare various studies and supporting documentation, including hydrology and hydraulic analysis, water and sewer studies and network analysis • Prepare/review NPDES reports, Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plans (SWPPP) • Prepare maps and legal descriptions for right-of-way acquisitions and easements • Other engineering-related tasks, as necessary Consultant shall perform the on-call services described in this section ("Services" or "Work"). Upon written request from the City, Consultant shall provide a proposal for Services requested by the City (hereinafter referred to as the "Proposal"). Depending on the size and scope of the Work, Proposal may be in the form of a "letter proposal" or a "detailed proposal". At a minimum, the Proposal shall include, but is not limited to, the following: • A detailed description of the Work to be provided; • The name and position of each person to be assigned to perform the Work; and • The estimated number of hours, by task, and cost to complete the Work. No Services shall be provided until the City has provided written acceptance of the Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Proposal. III. PROFESSIONAL PLAN CHECK SERVICES A. QUALIFICATIONS Minimum Qualifications: • Valid California Professional Civil Engineering license and/or California Professional Engineering license for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional engineering experience. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. • Ability to provide deliverables consistent with the latest City-adopted AutoCAD and other engineering/non-engineering-related software. • Proficiency with applicable regulatory agencies' rules and regulations. Page 6 of 17 Desirable Qualifications: • Experience in providing professional engineering services for a coastal community. • Familiarity with the City of Seal Beach standards, provisions, and practices. • Demonstrated experience with community public outreach, in particular, for a coastal community. • Experience in providing effective and efficient file transfer platforms to facilitate document/plan check tracking and exchanges. B. SCOPE OF WORK The following is a list of professional plan check services that may be requested: • Review public/private development plans and maps within ten (10) working days per review. • Review NPDES reports, Water Quality Management Plan (WQMP), and Strom Water Pollution Prevention Plans (SWPPP) within ten (10) working days per review. • Review communication permits/plans. • Review utility permits/plans. • Update development related documentation, such as policies and procedures. • Other engineering-related tasks, as necessary. IV. PRE-PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Kathryne Cho Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kchosealbeachca.qov (562) 431-2527 ext. 1321 The City will respond to all questions and requests for clarification received by 10:00 am on Wednesday, March 27, 2024. Page 7 of 17 V. SCHEDULE* The following dates reflect the anticipated schedule: • Request for Proposal Solicitation March 13, 2024 • Pre-Proposal Question Deadline March 27, 2024 • Proposal Submittal Deadline April 10, 2024 • Consultant Interview (if conducted) April/May 2024 • Contract Award by City Council June 2024 *Schedule subject to change VI. SUBMITTAL REQUIREMENTS A. ACCEPTANCE OF SUBMITTALS Proposals are due by 10:00 AM on April 10, 2024, to the following (Postmarks will not be accepted): Kathryne Cho Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho(c�sealbeachca.qov (562) 431-2527 ext. 1321 Please submit one (1) original, three (3) bounded hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. Proposals must be titled "RFP On-Call Professional Services" and indicate the category and discipline you would like to submit your proposal for after the Proposal name. Example: "RFP On- Call Professional Services — Professional Engineering/Design/Management Services — Construction, Project, & Program Management" or "RFP On-Call Professional Services — Professional Development Services Support — Land Development." There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing and sending proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. Page 8 of 17 The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected consultant. All property rights, including publication rights of all reports produced by the selected consultant in connection with services performed under this Agreement shall be vested in the City. B. PROPOSAL REQUIREMENTS Proposals shall be limited to 30 pages, excluding proposal cover, cover letter, table of contents, and dividers. An additional 10 pages is allowable for each additional discipline proposed upon. The following information shall be provided, at a minimum: Cover Letter References Table of Contents Subconsultant List Local Staffing List & Resumes Exceptions Company Qualifications Sealed Fee Proposal Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal and designate the firm's authorized representative regarding this RFP. Proposers shall clearly specify what discipline(s) they are proposing for. If applicable, proposers may elect to provide additional disciplines and/or specialties that are not listed in the RFP, as reference. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Local Staffing List & Resumes: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant's project manager. Resumes of proposed staff shall be provided. Company Qualifications: Provide a summary of the firm's qualifications, including background and experience. Page 9 of 17 References: Consultant should provide a minimum of five (5) references from public agencies the Consultant has performed work for within the last four (4) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided • Contract costs, client/consultant-initiated change orders, and explanation • Dates • Staff assigned to referenced engagement that will be designated for work per this RFP • Client project manager name, telephone number, and email. If the client's primary point of contact is no longer available to provide a reference, please provide an alternative. Subconsultant List: Provide a list of the firm's subconsultants and indicate the following for each: Primary contact, services they provide and project experience working with the firm. Exceptions: The consultants shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or City's standard professional services agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Fee Proposal: A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "On-Call Professional Services— Fee Proposal" along with the name of the project. The information and details included in the fee proposal shall conform to the provisions of Section VII— Fee Proposal, of this RFP. Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components listed below will be evaluated accordingly. VII. FEE PROPOSAL In preparing the fee proposal for this project, the consultant shall take into consideration the following: 1. Compensation for services provided will be on a time-and-materials, not-to- exceed amount. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement, which is anticipated to be three (3) years, subject to change. Any anticipated billing adjustments shall be clearly identified in the Proposal. Page 10 of 17 3. The consultant's standard billing rates for all classifications of staff likely to be involved in the project shall be included with the fee proposal along with the mark- up rate for any non-labor expenses and sub-consultants. 4. The City will negotiate the final fee with the top-ranked consultant(s). VIII.INTERVIEW Top ranked consultant teams may be interviewed by the selection committee. Proposed key personnel (up to four) from the Project Team may be requested to present the teams' and their individual qualifications at an interview. IX.SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. A. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES POTENTIAL EVALUATION CRITERIA Completeness of Response: Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP, subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, receiving no further consideration. Page 11 of17 Qualifications & Experience: • Local Presence - A statement addressing proposing firm's ability to effectively conduct the Work for the City based on the firm's location. • Proposing firm and team's experience with breath of engineering disciplines, various regulatory permitting agencies and working in a coastal community. • Experience/knowledge of the Orange County Groundwater Basin and various regulatory permitting agencies. • Quality of firm's key individuals and familiarity with City standards and provisions. • The proposing firm's recent experience in conducting work for contracts of similar scope, particularly for government agencies. Client references. Organization & Approach: • A demonstrated understanding of the City's needs. • Proposing firm's ability to deploy the appropriate resources to promptly meet requested Work. • Proposing firm's availability to complete both smaller and larger scale projects. • The proposing firm's ability to self-perform the desired work or form a quality sub-consulting team. • Quality, clarity, and responsiveness to RFP. Conformity to the sample PSA. B. PROFESSIONAL PLAN CHECK SERVICES POTENTIAL EVALUATION CRITERIA Completeness of Response: Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, receiving no further consideration. Page 12 of 17 Qualifications & Experience: • Local Presence - A statement addressing proposing firm's ability to effectively conduct the Work for the City based on the firm's location. • Relevant experience, specific qualifications, and technical expertise of the proposing firm's and sub-Consultants to perform the work. • Quality of references - name of at least three (3) agencies the proposing firm is currently or has previously consulted for in the past seven (7) years. • Familiarity with City standards and practices, current Building Code, Subdivision Map Act and other regulatory requirements. Organization & Approach: • Proposing firm's understanding of requested Work and proposed scope of work. • Proposing firm's project team and quality of key individuals. Availability and allocation of key individuals. • Proposing firm's understanding of the nature of public sector work and its decision-making process. • Proposed schedule and hours. Description of project management and cost control mechanism. • Quality, clarity, and responsiveness to RFP. Conformity to the sample PSA. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business; conduct negotiations with the most qualified candidate(s). Consultants should be aware that award may be made without consultant visits, interviews, or further discussion or negotiations. X. GENERAL CONDITIONS Signature: The Proposal shall be signed by an individual authorized to bind the consultant. Other Considerations: The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, Page 13 of 17 to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding to this RFP. Business License Required: The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.gov . Prevailing Wage: All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Project to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the consultant to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." Registration with the Department of Industrial Relations: In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work Page 14 of 17 pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the consultant and each subcontractor, if any, in the bid proposal. Page 15 of 17 XI. SAMPLE (DESIGN) PROFESSIONAL SERVICES AGREEMENT for On-Call <Engineering, Utilities Engineering, Plan Check, or Traffic Engineering> Services Sample Professional Services Agreement Omitted from Attachment Page 16 of 17 XII.SAMPLE (NON-DESIGN) PROFESSIONAL SERVICES AGREEMENT for On-Call <Non-Design Related Discipline> Services Sample Professional Services Agreement Omitted from Attachment Page 17 of 17 EXHIBIT B CONSULTANT'S PROPOSAL DATED APRIL 24, 2024 �' SEA( �`�. °* =_ % UTY OF SEAL BCH ' S 0 _ _ 's RFP FOR ON - CALL PROFESSIONAL s ftf SERVICES FOR VARIOUS DISCIPLINES A.Professional Engineering/Design/Management Services:Land Development Services(I.e.,Title Report,Easement Preparation),and fB.Professional Development Services Support:Subdivision Plan Review,Survey,and Land Development Services(i.e.,Tide Report,Easement Prepa 4%'t'4. IPORN•• t o �.,. x .. ►a" ` -- / \..- ,. , _ _ 1 , . .._ ....... __._ . , s , ., ,....., imi. .. t 4 ',ram I- APRIL 10, 2024 4 PROPOSAL PRESENTED TO THE CITY OF SEAL BEACH BY: 340 Reynolds Ave I Suite 110 1K D M rvine, CA 92614 949) 768-0731 **COPY** (1MERIDIAN arketing@KDMMeridian.com DMMeridian.com DIR REGISTERED CONTRACTOR KDM MERIDIAN Surosyng Mapping arra lab Services Cover Letter April 10,2024 Kathryne Cho City of Seal Beach Department of Public Works 211 Eighth Street Seal Beach,CA 90740 Subject: KDM Meridian's Response to City of Seal Beach's RFP for On-Call Professional Services for Various Disciplines Land Survey Related Disciplines:Survey,Subdivision Plan Review,Land Development Services(Easement Preparation) Dear Kathryne, KDM Meridian (KDM) appreciates this opportunity to provide the City of Seal Beach Department of Public Works (the City) with this proposal for disciplines related to land survey in response to the City's On-Call Professional Services for Various Disciplines RFP. Disciplines for which KDM Meridian submits this Proposal are identified below: A. Professional Engineering/Design/Management Services: Land Development Services (i.e.,Title Report, Easement Preparation),and Survey B. Professional Development Services Support: Subdivision Plan Review, Survey, and Land Development Services (i.e.,Title Report, Easement Preparation). KDM is a full-service Land Survey Consulting Firm located in Irvine, CA. We are a certified small business and a registered DIR Contractor. As an On-Call service provider for multiple Southern California municipalities and agencies KDM has the proven ability to provide a wide range of services for various agencies and clients, including Orange County municipalities just like the City of Seal Beach. KDM can and does facilitate every major area of the land survey and mapping disciplines. As you will see in our full response to the City's RFP, KDM Meridian has the experience,staff,and skillset to meet the City's survey needs. What sets KDM Meridian apart from our competitors? ➢ Five full-time licensed Land Surveyors on staff who hold over 100 years of combined experience. ➢ A Passionate Staff which truly loves what they do and which is evident in their work. ➢ Over two decades of experience providing land survey throughout Southern California. ➢ Public Works specialization which makes up over 3/4 of all KDM Projects ➢ On-Call Land Survey Services provider for multiple municipalities including Fullerton,Anaheim, Buena Park, Oceanside,Stanton, and others. ➢ Utilization of cost saving technologies that save money without sacrificing quality (LiDAR Scanning,Drone Surveys,and more). ➢ Registered DIR Contractor possessing significant experience with Prevailing Wage Rules and Regulations,and an obsession with maintaining compliance. ➢ Certified Small Business status headquartered in Orange County. ➢ Doing it right the first time is a core KDM principle, and in those rare instances an issue is identified, KDM makes it right at no additional cost to the client. 1340 Reynolds Ave(Suite 110 Irvine,CA 92614 www.KDMMeridian.com ©2024 KDM Meridian-All Rights Reserved. KDM MERIDIAN Sunieyng.flhappic,ma Land Service.; ➢ A comprehensive selection of survey services including but not limited to: • Topographic Survey • Geotechnical Survey • Map Checking • Mean High Tide Survey • Aerial Mapping • Bathymetric Survey • Lot Line Adjustment • GIS Integration • LiDAR Scanning • Monument Preservation • ALTA Survey • Legal Easements&Vacations • Boundary Establishment • Construction Staking • Slope Monitoring • And More... Given this comprehensive land survey and mapping repertoire, KDM believes we possess the capabilities to facilitate the broad scope of survey services that may face the City. To illustrate our abilities, our proposal covers our organizational profile, firm qualifications (history, overview, capabilities, differentiators), our project management approach, methods of survey for typical survey tasks, sample project experience, references from various Southern California agencies, a list of our subconsultants,and myriad other information we believe to be helpful in evaluating our firm's ability to meet the City's needs. That said, should the City require additional information or desire clarification about the contents of our proposal, we are happy to provide upon request. Authorized Representative: Mr. Richard C. Maher, PLS I President of KDM Meridian (Contact Information in Signature) KDM looks forward to showing the City how we can be an asset in fulfilling its land survey needs. Please don't hesitate to contact us with any questions or for further consultation about this Statement of Qualifications. Sincere Regards, Richard C. Maher, PLS President- KDM Meridian (949) 768-0731 RMaher@KDMMeridian.com 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com ii ©2024 KDM Meridian—All Rights Reserved. KDM �,...,, / MERIDIAN Surverrg.:VI44 .al a Lau v-,ua Table of Contents Cover Letter Table of Contents iii VI. Proposal Requirements -1 - Local Staffing List&Resumes- -1 - Authorized Representative and Project Manager -2- Resumes: -2- Company Qualifications. -3- Company Overview -3- Areas of Expertise -3- Capacity -3- Registered DIR Contractor -4- Certified Small Business -4- Competitive Differentiators -4- A Comprehensive Public Works Background -4- Client Centric Approach -5- High Level of Responsiveness -5- Leader in Utilization of Survey Technologies -5- Integrated Project Management Framework -5- Quality You Can Rely On -5- Capabilities&Approach Overview -6- Project Management Approach -6- Survey Capabilities -6- Overview of Project Approaches -6- Digital Capabilities &Communication - 14- Comprehensive Quality Program -15- Sample Experience -16- KDM Training &Skill Development -20- KDM University(a.k.a. KDM-Youl) -20- On the Job Training -20- Continuing Education -21 - References. -22- Subconsultant List. -24- Robert J. Lung&Associates -24- T2 Utility Engineers -24- Appendix -25- 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com ©2024 KDM Meridian-All Rights Reserved. KDM MERIDIAN Surveying.Mum.and Lard 5evlcrs VI. Proposal Requirements Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal and designate the firm's authorized representative regarding this RFP. Please see the Cover Letter on Page(i) of this proposal. Table of Contents:The table of contents shall list the following sections with page numbers and information in each section shall be provided. Please see the Table of Contents on Page(ii) of this proposal. Local Staffing List & Resumes: Provide an organizational chart showing the names,positions,responsibilities,and availability of the individual(s)that would be assigned to this Agreement. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant's project manager. Resumes of proposed staff shall be provided. While KDM's entire survey staff will, as appropriate, be available to provide survey support, KDM's key project team will provide the backbone of the consulting and support provided by KDM;this Key Project Team is identified in the Org-Chart below,and the corresponding availability and responsibilities in the table immediately following that. Combined, Mr. Maher, Mr. Earl, Mr. Klagge, Ms. Layaoen, & Ms. Padilla possess over 100 years of land survey experience, ensuring a project is always in experienced hands! Keith Klag --i`, Project Sugerveyor ,. PLS 9534(CA) A KDM Richard C.Maher — Patrick Earl Kathleen S rveyor President Survey Manage, s Project Surveyor Survey Technician • • PLS 7564(CA) PIS 8773 ICA Ply 9447(CA) Att Various MERIDIAN PIS 16612(SD) Tiffany Pad11W -s Project Surveyor ... ® P15 9800(CA) Ld L `�' _.._--• Chris Lung —i® Kevin Luchau ® Pnnc:oal Project Manager Aerial Photogrammetry Subcansuhant 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -1- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN A SIKVEyIn(J.".tapp(ly,Jb L.:IrXI JBIY%:Ci Key Personnel License License# Issued Position, Responsibility&Availability President/Principal CA Professional Land L 7564 1999 Oversees All of KDM Operations,Develops Technical Richard C.Maher,PLS Surveyor Approaches,and Acts in a Project Management Capacity M-F 7am to 5pm Survey Manager Head of Survey Department,which includes all Project Surveyors, CA Professional Land Patrick Earl,PLS Surveyor L 8773 2010 and Survey Technicians.Oversees field operations and map and document checking. M-F 7am to 5pm Project Surveyor Oversees Survey Projects in a Project Management Capacity and CA Professional Land L 9534 2019 acts as Licensed PLS assigned to given projects. Performs all Keith M.Klagge,PLS Surveyor general survey disciplines and specializes in public works and construction survey. M-F 7am to 5pm Project Surveyor Oversees Survey Projects in a Project Management Capacity and Kathleen Layaoen,PLS CA Professional Land L 9447 2018 acts as Licensed PLS assigned to given projects. Performs all Surveyor general survey disciplines and specializes in map and document review. M-F 7am to 5pm Project Surveyor Oversees Survey Projects in a Project Management Capacity and Tiffany Padilla,PLS CA Professional Land L 9800 2023 acts as Licensed PLS assigned to given projects. Performs all Surveyor general survey disciplines and specializes in map and document review. M-F 7am to 5pm Authorized Representative and Project Manager Mr. Richard Maher, PLS - President of KDM Meridian - is authorized to negotiate on behalf of KDM Meridian. Mr. Patrick Earl, PLS - Survey Manager - will act as primary Project Manager overseeing project surveyors who are assigned individual surveying projects. Resumes: Please see resumes for key personnel located in the appendix of this proposal. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -2- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Sury yng.Mapping.and Lard Seri Company Qualifications: Provide a summary of the firm's qualifications, including background and experience. Established in February of 2000, KDM Meridian was founded as a Land Survey Firm with a difference — where quality, accountability,and client satisfaction are preeminent. Company Overview KDM Meridian (KDM) is a full-service survey firm,offering a wide array of in-house survey services from the everyday run of the mill survey types,such as topographic and boundary surveys,to the more obscure survey types,such as LiDAR scanning, bathymetric survey, and mean high tide survey. This means we provide versatility to our clients, and require only minimum support from sub-consultant services, lowering costs,and lessening the administrative burden to both ourselves,and most importantly,to our clients. Since our founding over 20 years ago, KDM has experienced rapid growth,and has built a solid, and still expanding clientele by offering professional and technical services to both public and private clients. Our clients include local, regional, and federal agencies as well as other surveying firms, public works design firms, utility agencies, development groups, private consulting firms, construction firms, professional architects, and attorneys. Mr. Richard C. Maher, PLS, the Principal of the firm, has extensive experience with public works surveying. Prior to founding KDM, Mr. Maher worked for ten years at a versatile Southern California civil engineering firm that provided public works engineering and surveying to city and county agencies. He continues to be the guiding force behind KDM's surveying excellence! Areas of Expertise KDM provides expertise in Land Survey services, with our specialty being land survey in support of public works projects from both the municipal/agency support perspective as well as the private public works design and engineering support perspective. Our array of expert abilities include: Topographic Survey, Aerial Mapping, LiDAR Scanning, Boundary Establishment,Geotechnical Survey,Bathymetric Survey,Monument Preservation,Construction Staking,Map Checking,Lot Line Adjustment,ALTA Survey,Slope Monitoring, Mean High Tide Survey,GIS Integration,and more. KDM has the versatility to ensure our discerning clients can rely on KDM to tackle any land survey or mapping need that may arise, be that in the field,or in the office. Capacity One of KDM's greatest strengths is that we are a full-service survey firm, offering a wide array of in-house survey services from the everyday run of the mill survey types to the more obscure survey types. Key to making these services a reality for our clients is the KDM team,which provides the capacity to render such services to large clients with equally large needs. our team's expertise, dedication, and flexibility and the resources provided to them, has allowed KDM Meridian to serve multiple municipalities,agencies,counties,and private firms. Staffing We currently have a staff of twenty, including six California Licensed Land- Surveyors, and one certified Land-Surveyor-In-Training. The firm currently .. fields two survey crews on a regular basis to perform conventional, GPS, and LiDAR land surveying.With our current staff and equipment,we have the ability ,� F. to provide four two-person crews when necessary. KDM staff strives to / function as an integrated member of the project team to provide management, i. technical, and professional services in a responsive, cost effective, and • 1 ��= professional manner, meeting our clients'schedules and project goals. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -3- ©2024 KDM Meridian-All Rights Reserved. KDM (-/- _ MERIDIAN Surveying.Mapping.and Lad Senac Office Location KDM Meridian has one office,centrally located in the City 1340 Reynolds Ave of Irvine from which Clients throughout the Southern Suite 110 California region are served: Irvine, CA 92614 Registered DIR Contractor In addition to being a small business, KDM is a registered contractor with the Department of Industrial Relations. Our DIR No. is PW-LR-1000404965. Please contact us if you have any questions about our DIR registration and status. Certified Small Business As capable as KDM Meridian is, one might assume that we are a large national firm, but in fact we are a registered small business with the California Department of General Services (DGS). An overview of this certification is in the table below, and a copy of our certification profile is included in the Appendix section of this proposal. Certification T pe Certification ID Status From To SB(Micro) &SB-PW 31074 Approved 11/29/2021 11/30/2023 Please feel free to contact us if you have any questions about our SBE Status or registration with California's DGS. Competitive Differentiators Through continual improvement and real-world experience, KDM has been able to develop strengths and expertise that we believe set us apart from other survey firms. This is fundamental to our success as KDM strives daily to stand out from the competition with a focus on quality and bringing our expertise and knowledge to bear on all survey situations our clients might face, thereby ensuring quality deliverables and guidance to our clients. Fundamentally interlocked with that is our dedication to serve our clients in a manner that is responsive,helpful,and convenient,to such a degree where we act almost as an extension of their own team. In the following subsections,please find a brief overview of some of our many strengths. A Comprehensive Public Works Background For the past 24 years, personnel at KDM have proven their expertise in surveying for public works design improvement projects by operating as the survey department,or an extension of the survey department,for a number of prominent local public works design engineering firms, municipalities, counties, and agencies.At least three-quarters of the projects currently performed by -Roughly KDM are related to public works. Our focus on this sector over the last 1 = 20+years has allowed KDM to develop a unique set of processes and " 750/procedures that, via a program of continual improvement which is —"~"foundational to the way KDM approaches any project,allow us to thrive in these service areas. Stemming from this experience, the staff at of KDM KDM has a comprehensive understanding of the objectives and needs " �" -_; of our public works clients which facilitates a more cohesive Projectspartnership, and as a result, a more successful outcome. In that same "'—'� vein, KDM staff strives to function as an integrated member of the are Public project team to provide management, technical, and professional services in a responsive, cost effective, and professional manner, f Works Related meeting our clients'schedules, budgets, and project goals. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -4- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Suveynq Maga g.and Land Services Client Centric Approach FIVE PHASE KDM believes that a client-centric approach is key to successfully serving our clientele. Only by catering to the needs and preferences PROJECT MANAGEMENT of our clients can we ensure a successful partnership. KDM PROCESS personnel genuinely want our clients to be happy they worked with us.We forge relationships with our clients,which instills in us a sense of elevated responsibility to ensure we produce quality, error free ,/ 11,1111 deliverables that clearly meet project requirements. 1 - Initiation • Request received from client. • Requirements verified. { High Level of Responsiveness • Uploaded into PM software. Bigger isn't always better when it comes to responsiveness. As a • Staff Assigned small business, KDM has the ability to change course quickly, start a projects fast, adjust the solution on the fly, and provide Clients what they need, when they need it. From the initial request for a proposal to the time our client closes the project, we make sure the client is 2 - Planning aware of the current status and how the project is progressing. We are always available throughout the entire project for questions and • Research Conducted consultation. • Custom Solution developed by PLS. _ • Cost assessed. • KPI's set. Leader in Utilization of Survey Technologies 1 • Plans submitted for Client approval. KDM is recognized by our peers as being a leader in utilizing the - latest technologies. We frequently provide LiDAR scanning services to other surveyors when their clients require the detail this relatively 3 - Execution new technology provides. KDM is continually staying abreast of the '� emerging advancements in both hardware and software tools that ' Staff briefed&expectations apply to our field. Most recently we have added static and mobile set. 1 1/, • Work executed per documented +_ " terrestrial LiDAR scanning along with drones to our tool chest. We procedures. lj1k ` ' have a growing list of clients that are amazed at the detail this • Data collected. • provides and the enhancement it brings to our final product. • Deliverables generated. =r` Integrated Project Management Framework *, Underlying each and every KDM project,from beginning to end,is our ie. 4 - Monitoring integrated project management framework which provides a 4 • • Continual monitoring& controlled pathway for successful project outcomes. A five-stage adjusttment. • Data verification. sequence consisting of Initiation, Planning, Execution, Monitoring, . Multiple reviews. and Closure — each of which possesses a specific sub-set of • Sign off by PLS. universal requirements and activities — ensures that all of our projects are supported by an approach methodology that drives progress, maintains quality at every stage, addresses each project's 5 - Closure special needs, is adjusted as needed to accommodate the realities "on the ground",and is done with efficiency. For a more detailed look • Deliverables submitted to at the individual stages of our Project Management Framework, Client t II A� please see the sub-section entitled Project Management Approach, • Project Invoiced , • Project'post-mortem'review. - located in the Capabilities & Approach Overview section of this • Client feedback processed. document. P,, Quality You Can Rely On We know that a survey is more than measurements and data points — its integral to the success of client projects.Whether it provides an accurate foundation on which a design is built,or something as simple as determining a boundary line — KDM 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -5- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Surveyng Mappng,and Land services knows the work we do has real world implications for our clients, and in many cases the public themselves. To this end KDM team strives to produce error free work products. We utilize a combination of state-of-the-art instruments and the latest software to minimize the chance for errors. This is coupled with rigorous procedures, checklists, and monitoring to ensure the work we do can be relied upon for its ultimate end use! Additional detail about our Quality Control/Quality Assurance (QA\QC) program can be found in the subsection entitled Comprehensive Quality Program, located in the Capabilities&Approach Overview section of this document. Capabilities&Approach Overview KDM's survey capabilities are wide-ranging, and process driven. Underlying all of what we do is a common Project Management Approach that ensures projects run as smoothly as possible. Built on that is the specialized survey approaches we have developed for each project type. Project Management Approach KDM utilizes a five phased project management approach,which though adjusted for each project,provides a general path, and rough sequential timeline, by which we manage our client's projects, whatever they may be, from topographic field survey,to map reviews. In addition to our standard project management approach, in the following sections, please find an overview of capabilities and work plans for various types of survey projects. Survey Capabilities As an On-Call service provider for multiple Southern California municipalities and prominent Engineering and Design Firms, and the official surveyor for two Southern California municipalities, KDM has the proven ability to provide a comprehensive range of survey services. As noted earlier in this SOQ, KDM's abilities include: ➢ Topographic Survey ➢ Map Checking +► of ➢ Aerial Mapping ➢ Lot Line Adjustment ➢ LiDAR Scanning ➢ ALTA Survey ➢ Boundary Establishment ➢ Slope Monitoring ➢• Geotechnical Survey Mean High Tide Survey MERIDIAN ➢ Bathymetric Survey ➢ GIS Services Y. Monument Preservation Y. Legal Descriptions 0 ➢ Construction Staking ➢ And More... 0 Overview of Project Approaches Different project types require different project approaches. Thanks to over 20 years providing survey services, KDM has been able to continually improve respective approaches to benefit our clients, ensure quality deliverables, and maintain efficiency. The following sections provide a general approach to some of the more common areas of land survey. If you would like to discuss approaches for a survey type not discussed in the following section, please contact KDM for more information. Monuments: Research,Preservation,&Reestablishment Any proposed street improvements require monument preservation/perpetuation in accordance with statutes (e.g., -CAL. BPC.§8771). Each preservation/perpetuation project will begin with the complete research of record documents and maps at the respective city and county surveyor's offices. This data will be used to determine the potential position of all record monuments and references(ties)within the project limits. KDM field staff will then perform a site walk using a search map compiled by our office. This step will result in a more realistic count of the number of monuments that could be affected by 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -6- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN R Surveyor Mtgprg,anti Lard Senac construction. This phase frequently brings to light numerous monuments that are "no reference monuments" as well as identifying monuments that are below the roadway surface and will require additional effort to perpetuate. KDM will prepare a report summarizing our findings and will work together with City staff to develop the most efficient project work plan. This will include determining the phasing of work, identifying the need for traffic control, and which method of record documentation makes the most sense. In cases where key controlling monuments have previously been destroyed and are identified as requiring re-establishment,a record of survey could be a better document to use rather than corner records. At the conclusion of construction,our field staff will set new durable monuments and ties to replace those destroyed by construction. As this work is completed,our office staff will prepare and file the required maps or documents with the appropriate agencies. Copies will also be provided to the City upon recordation. Our office has prepared and recorded both pre-construction and post-construction corner records as well as records of survey to perpetuate thousands of monuments throughout southern California. As an established surveying firm in California,we have seen the costs associated with lost and destroyed monuments. We have long been a champion of the preservation of all monuments including those historical monuments that have been the foundation of real property transfers for hundreds of years. The destruction of any monument; be it a Spanish land grant Rancho corner,a Section corner, or a new centerline intersection hurts us all. Survey for Design Development KDM has prepared thousands of topographic surveys to facilitate the design of „I�{, public works improvements. The success of this type of project depends I11,':''''i primarily on understanding the ultimate use of the base mapping and schedule ���III'' requirements which we make sure to understand. These surveys include the location of existing improvements (fixed works) and preparing a digital terrain model of the earth's surface. Our topographic base maps typically also include record parcel lines, right-of-way lines,and centerlines. After research is performed, initial base maps covering the work area are ! A 'r 1 I. - prepared showing record centerline, right-of-way and property lines. Information pertaining to record monuments is included and used as a search map by the field crews. Existing monuments are recovered and surveyed and used to orient the record data. Secondary control points are set for each project in such a a fashion that they will remain undisturbed through the life of the project.All control work is based on published County or City horizontal and vertical control data and undergoes a rigorous quality review and least squares adjustment.Typically,two agency benchmarks are utilized. For topographic surveys that include full utility location, we request and coordinate USA utility markings.We also frequently work with private utility location companies.These markings are picked up by our field crews and are included on our topographic maps. When performing surveys that require access to private property, KDM typically uses the door hangers created by the California Land Surveyors Association (CLSA). We staple a brief explanation of the need for access and the KDM project manager's business card to the hanger. KDM Meridian will provide electronic surface model (DTM) files compatible with both AutoCAD & Microstation V8 and related software. We can also provide DWG, PDF, and ASCII files of completed project base mapping, as required. Our topographic base maps include all features located as well as found monumentation and set control points. When exceptional detail is required or conditions are such that direct access is difficult,LiDAR scanning is often the answer. KDM has used LiDAR on projects such as congested utility tunnels at sanitation plants and intersection surveys of multi- lane roadways with highway speed limits. This new technology produces 3D point clouds that can be imported to many standard CAD programs. If desired,the staff at KDM can extract the required data and produce a standard 2D topographic base map. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com 11- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN (1. ^ , Sraveyng.Mapping.ana Lend Savers Construction Survey KDM has a long and successful history of working for dozens of cities and agencies on capital improvement projects. We provide this service while working either directly for the owner/agency or as part of the construction management team. This work has included staking for rough and finish grading,slope staking,general street improvements such as paving and curbs, commercial and industrial building projects, and wet and dry utility improvements. KDM can provide any type of project specific construction staking as required by the City. The first step of any construction staking project is to verify existing control or establishing a new control network to be used throughout the T.z HUNDREDS life of the project. New control,if required,is set using high accuracy GPS, �`� OF PROJECTS conventional total stations,and digital levels. Control will be based on the STAKED respective City's Survey Control Monuments. Every effort is made to place , any new vertical or horizontal control points in locations that will not be - '>? c. v.��� ��. :. • disturbed by proposed construction. '� '� '�, We work closely with construction and project managers,city inspectors, � ? \,, :,- , ,I...: and contractor's superintendents through attendance of both office and ,' ?' 1 1 field site meetings. We stay current on changes to work schedules, plan ` ' • * revisions, and keep open communication with the City's entire project le-- , team. This cooperation helps keep the project moving forward by having *it s."!' ��`�" staking tasks completed ahead of the contractor's work schedule, and -- -Sk/ , : !- also keeps KDM up to date on changes or revisions to scheduled work and project needs. We pre-calculate staking items, based upon current plans and an approved schedule of work submitted by the contractor. This 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. We then submit requests for information/clarification as needed,in order to prevent work delays. KDM will typically respond to written requests for staking within two business days. For our construction staking projects, we keep a binder and digital file with submitted staking requests in chronological order,along with notes detailing the disposition of these requests,to track progress and identify re-stakes. KDM Meridian surveyors have staked hundreds of miles of curb and gutter, sanitary sewers, storm drain, water lines, and various dry utilities. We work closely with the contractor and inspector to provide the optimum off-sets and verify that all staking is understood. Our procedures give us the information to prepare accurate invoicing and track expended hours vs. our project budget matrix. Both City inspector/project manager and the contractor's superintendent will be provided with electronic files and hard copies of cut sheets (and field notes, when necessary) on City approvedrelations with forms.both OurCity staffand will always maintainf,thegeneral good publicpublic,• �' contrac staf . . . and when interacting with property and business owners. We I- IIPIIhk.mir .si M ., n'- — - also provide pro-active support and coordination effort for •°. 1 1 } . ':. , ar F,(;chat. -„j,( ram' 9- i _ , 'lad- - construction work with utility companies and other agencies it-,-:;„...,:-'-:-: t ' ° involved in these projects. s:._._.,.,_.__::,_ :. . .._.:- ) '..,_` J ,-.. Coordinating construction staking projects using the methods as - described above provides for a productive and cost-effective . _ project. We work as an integral part of the project team striving pi ;� '-�_.. to deliver a successful project on time and within budget. An . .. ! ?M important goal of our work is to prevent contractor delays and ��+ equipment/manpower standbys. For all of our field work, and especially on our construction contracts, we use high visibility and current safety equipment and signs for the protection of our staff and the public. We also conduct regular tailgate/safety meetings outlining project 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -12- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Survei g.Mappig,and Lad SaHc specific safety awareness and concerns.We work with Traffic Control Firms to provide a traffic control plan,staff,vehicles, signs,cones,and related equipment to provide a safe work area. GRADING QUANTITIES KDM Meridian uses 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 for the 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 industry accepted methods for accuracy cross-checking. These accurate and repeatable models are documentable and facilitate reliable estimation of quantities for excavation or export items.Three dimensional visual models can also be produced as necessary to show model accuracies. KDM staff is skilled in collecting, creating, and analyzing digital terrain models for earthwork quantity calculations. By leveraging the latest field and office technologies available, KDM offers its clients the most accurate and efficient options for determining or checking quantities. The creation of complex and detailed surfaces is a primary part of nearly all the topographic surveys performed by KDM. These digital terrain models are used by many of KDM's clients for roadway and site earthwork calculations. KDM is also able to provide analysis of calculations performed and QC of quantities determined by contractors during or after construction. With our extensive experience and by using multiple software platforms to perform QA on digital calculations,KDM provides trusted professional earthwork quantity calculations that can be relied upon in developing an accurate quantity for planning and design purposes,or verification of contractor progress payments. Field collection capabilities now include not only traditional conventional point collection or aircraft-based photogrammetry, but also dense and detailed point clouds collected through unmanned low-altitude aerial collection (drones) and terrestrial LiDAR scanning. PERPETUATION OF BENCHMARKS AND MONUMENTS Should proposed construction endanger existing benchmarks or monuments, KDM will locate them prior to construction and file either a record of survey or corner record in accordance with statutes(e.g.,CAL. BPC. *8771). Upon completion of construction, KDM can reset any lost or disturbed monuments and file the required post-construction documentation. The staff at KDM has perpetuated dozens of benchmarks and thousands of monuments. ACQUISITION AND EASEMENT LEGAL DESCRIPTIONS&PLATS KDM has prepared hundreds of legal descriptions and plats for new easements or acquisitions in support of construction projects. Every legal description & plat is thoroughly reviewed, approved, and signed by a California licensed surveyor. Should additional existing topography be required to facilitate design changes or review,KDM can prepare DTM's and base maps showing contours and spot elevations. Plan and profile sheets of existing roadways can be prepared when required. Map and Document Checking Services Introduction Land surveying maps &documents prepared for public agency review have wide implications on both land ownership and public safety. These documents create,describe,modify,and encumber both public and private lands,leaving a permanent impact on public resources and private investment. The City's oversight role is critical to ensure these documents are prepared in accordance with State laws and City ordinances in addition to verifying their technical correctness. KDM Meridian has extensive experience checking survey maps &documents for numerous local agencies in California. HISTORY&EXPERIENCE The KDM Meridian team has proven their expertise in map & document checking while operating as a survey department extension for many local public works agencies. Our staff has decades of experience creating and checking maps and documents associated with the development of real property in California. This experience ranges from simple utility easement legal descriptions,to multiphase tract maps creating hundreds of lots. We also have expertise in creating and checking parcel maps, annexation maps, lot/boundary/parcel line adjustments, amended maps, annexations, certificates of compliance,records of survey, consolidation maps, and associated documents. KDM Meridian began checking maps and other real property documents in 2003. Having reviewed maps in many jurisdictions, KDM has established a clear set of procedures and principles for thorough and consistent map/document 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -13- ©2024 KDM Meridian-All Rights Reserved. KDM MERIDIAN Surveying.Mapping.and Lard S w- checking. We constantly look for ways to increase efficiency, reduce the number of checks, and to generally improve our processes. PROCESS DEVELOPMENT Over the years, KDM has developed thorough checklists for map and document checking; each list tailored to the specific document. These checklists ensure a consistent and thorough review is performed on every document. The Subdivision Map Act(SMA)and the Professional Land Surveyors'Act(PLS Act) serve as the basis for each checklist,but each list must be tailored to also meet a City's ordinances & guidelines. When KDM has been selected to serve as the checker for a City, our first priority is to customize the map checking process specific to that City.We coordinate with City staff to incorporate their guidelines and processes. We'll also review those ordinances pertinent to land development and integrate their requirements into our customized checklists. KDM continuously refines our map checking process to ensure consistency, efficiency, and conformance with changing state and local laws. CHECKING Document checking begins upon receipt of the initial submittal package; it is promptly reviewed to ensure all required components have been provided. This initial review ensures both the document is ready to be reviewed and that sufficient support documentation has been provided to be able to complete a thorough review.After a submittal passes an initial review,a thorough review is begun. Every item of our checklist is reviewed and either accepted as complete and correct,or a comment is made addressing the deficiency. From any deficiencies found, redlines are created showing the corrections that need to be made to the subject document. In addition, a check letter is written to cover items not suited for redlines such as listing additional required information or giving detailed explanations of corrections/revisions needed. Redline comments and letters are thoughtfully written to provide clear direction needed to meet the City's standards. Although each type of survey document has a unique set of support documents, most land development maps/documents include a common bundle of associated documents. These typically include preliminary title reports (or subdivision guarantees), vesting deeds, easement deeds, tentative maps, record maps, traverse closures, and many more. These documents are thoroughly reviewed to ensure title issues and existing easements are properly addressed or shown on the subject map/document. The first review of a document must be all encompassing and as thorough as possible. This first check should lay out a clear path to completion and identify deficiencies. Having extensive experience as a submitter of maps,we understand the frustration of getting new comments/directions on a second or third check. With that in mind,we make a point of keeping the same staff members, both junior and senior, dedicated to a map throughout its lifespan. Each check of maps and documents receives a final review by the project manager prior to it being released. When a check is completed, a digital package containing the redlines,check letter, relevant documents, and a list of contacts is sent to all relevant parties. At a minimum,this will include the submitter, the City project manager,the owner, and title officer. KDM strives to provide all the information required,and to the appropriate parties,to reach approval of their map within three checks. Digital Capabilities&Communication KDM utilizes a suite of digital technologies and policies that increase efficiency 0 = ` '° f " and ensures access to all project files by our technical staff. Bluebeam Revu is ?.9 l " is J " used to produce all redline comments on the map or document. Revu allows us to produce clear,easy to read &understand mark-ups (see sample to right) in the 'AMIE LOU`common PDF file format. Although digital map submittals are the preferred media +I© deliverable, we have the necessaryequipment to di digitize anysized document " 9 .o •0ID' delivered in a hardcopy format. 'M+.' - - w...ueEmai anwroEE ors A standardized digital directory structure is employed for all map and document o t9i.r 5r4D review projects. This directory structure allows all technical staff organized Q ,,,,m u. access to pertinent data files: redlines comments & letters, map submittals, and NOW..®1®r NW r.0 nut owr In.. r s./+a-n tom Was all supporting documentation. Any files provided to this office, or sent out from, ° are catalogued for quick reference&access. As discussed above, we coordinate with not only the submitter (usually a surveying/engineering firm), but also City staff, owners,and title companies. To facilitate this communication,each City has a unique email address created for the specific 1340 Reynolds Ave Suite 110 Irvine,CA 92614 www.KDMMeridian.com -14- ©2024 KDM Meridian-All Rights Reserved. KDM MERIDIAN map checking team dedicated to the City. This allows for both a single point of contact to submitters/City,and for multiple KDM staff members to receive the email and ensures a prompt response. We make a point of working closely with City staff to assure they are aware of all issues that arise. This collaboration throughout the checking process is important to achieving maps or documents that meet the City's needs in the shortest amount of time possible. Should there be any issues that require input or verification from City staff,such as interpretation of conditions of approval,a separate email is sent to the City's project manager with our questions. All KDM projects, map checking & otherwise, are managed and tracked in a customized job management software. Each week our project management team meets to discuss ongoing projects to ensure prompt completion and delivery of projects. With our digital project management and consistent project discussion, we will comfortably be able to provide the City with bi-weekly written reports on the current status of all outstanding maps and documents. All current map checking contracts we have required the checks to be completed within 21 calendar days; KDM will not have a problem complying with the City of Oceanside's time requirement. Note:with reference to the Request For Proposals,several items:"Review monument perpetuation/preservation...";"Review monument perpetuation/preservation...'; "boundary discrepancies"; and "retracing the alignment or elevation for any fixed works..." have been addressed in detail in the previous sections of our proposal. Should these items be required as part of the Survey Plan Review process, KDM has extensive experience in providing these services. Comprehensive Quality Program The KDM team strives to produce error-free work products. We utilize a combination of state-of-the-art instruments and the latest software to minimize the chance for errors. We also run all of our field data through a rigorous least squares adjustment routine. Each phase of work is also reviewed by one of our licensed surveyors. All our map checking is done using Bluebeam which is the industry standard for document review. This enables us to produce clear, easy to read & understand map checks. We also prepare clear and concise check letters detailing what is needed for the submitter to achieve approval of the map or document. Framework of Quality Assurance and Control KDM prides itself on delivering the highest quality products to all of our clients. We have developed a rigorous in-house QA/QC program that is taken very seriously; not only do our clients rely on it, but our reputation does too. Every phase of a project,from project set-up through delivery of the final deliverable is reviewed by a second pair of eyes. Over the years we have developed numerous tools to insure we avoid blunders and preventable mistakes on all of our work products. This includes the work of any sub-consultants we team with. Our quality control program includes everything from Check Lists to in-house developed software written to ensure all team members are aware of current status of every job we r' x are working on. This specific program, "Jobman", is accessible by all KDM staff and is r►-, used primarily for project communication and tracking. We all know that a large '' ' percentage of problems on a project are the result of communication issues. Putting an 'y end to the proverbial "It fell through the cracks" was the impetus for the development of -0'7" -.t � , , this software. We find Jobman to be an excellent tool to prevent communication pitfalls. ,. If an issue comes to light in the field (such as problems with control provided by others), - `, t, - the field crew will call and/or email senior project personnel, but they will also post it to ' 6 Jobman so a record is created,and project management staff can review the issue in our 1 project meetings.The program will then notify the entire project team an update has been . r posted along with the date and the person making the entry. This system gives us the k _, ;" added benefit of documenting the numerous issues that arise through the course of any project.At the conclusion of most projects,the Project Team will also do a"Postmortem" a: `' review. The team will discuss what went right and what problems were encountered and - •-,`,- solved so that we can modify our procedures to avoid them in the future. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -15- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Surveying Mapping,and Laid Sennce Every type of work we do has a well thought out written procedure, standardized organization, and if appropriate, a set of checklists. These lists have many steps built in that help to guarantee a quality final product. Doing every phase of a job thoroughly the first time,without going back for things overlooked also increases efficiency. The set of check lists used by the field crews is instrumental in avoiding costly return trips to the field. As projects near completion, they receive a complete review by a senior staff member who then goes over their findings with the production staff assigned to the project. In addition to resulting in a better deliverable,this routine also helps to teach our less-senior staff what is required to meet the KDM standards of excellence. When issues arise during a project, our first and foremost goal is to work with the team to correct any problem that can impact the project. Whether the problem is the fault of KDM or another member of the project team, we apply whatever resources are needed to fix the problem in the shortest amount of time possible and to minimize cost to our client. We use these rare occurrences as a learning opportunity to implement changes in our standard procedures to ensure the problem is prevented in the future. Fault is the lowest of our concerns,we want to work with the team to identify the issue and assist in correcting the problem regardless of the source. Sample Experience Please find sample projects which demonstrate our abilities below. Should you have any questions or wish to be provided with additional sample projects for review, please don't hesitate to contact us. Acacia Ave&E Valencia Dr Emergency Storm Drain Repair Survey— Fullerton,CA COMPLETED:03-2023 CLIENT:City of Fullerton CONTACT:Melissa Rendon TITLE:Engineer EMAIL:melissarendon@cityoffullerton.com PHONE:714-738-6886 Due to heavy rains,and the failure of a storm drain,the intersection of East Valencia Drive and South Acacia Avenue required an urgent topographic survey to facilitate the required emergency repairs needed to correct the damage and failed storm drain. The City planned to replace and possibly re-align an aged storm drain that crosses S. Acacia Ave. The KDM Team generated a survey plan in consultation with client(City of Fullerton) and executed the plan;activities included: Research & Prep(Performed research to acquire County&City survey&land records.), Field Surveying (Collected topographic features, cross sections no more than 25 feet intervals, including fixed surface features), and office compilations, producing base map in PDF at 20 Scale using Fullerton's layering standards,field notes,and an ASC II Point File. E Glenwood Avenue,E Union Avenue,And E Brookdale PI. Improvements— Fullerton,CA COMPLETED:01-2022 CLIENT:City of Fullerton CONTACT:Melissa Rendon TITLE:Engineer EMAIL:melissarendon@cityoffullerton.com PHONE:714-738-6886 The City of Fullerton sought to design and construct various infrastructure improvements to E. Glenwood Avenue, E. Union Avenue, and E. Brookdale Place and required design survey to facilitate these activities. KDM Meridian was retained to provide these services. KDM performed research, obtained record maps and pertinent data from the City of Fullerton and Orange County. (Record centerline, right-of-way(R/W) lines were compiled and included in the base mapping files). Field survey recovered and surveyed sufficient centerline monuments to orient record data and set additional control points as needed for the topographic field survey. The topographic field survey consisted generally of R/W to R/W cross-sections at 25' intervals with additional sections at the beginning and end of curb returns at intersecting streets. Sections included sidewalks, top-of-curb, flowline, lip, grade breaks, crowns and striping. Improvements, including but not limited to, utility structures, driveway approaches, sidewalks, valley gutters, trees, mailboxes, walls, fences, and all surface utilities were located within the apparent right-of-way. Sewer manholes within the project limits were dipped. Base mapping was compiled at requested scale with 1-foot interval contours produced. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -16- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Surver*g.titappng,and tad Severs Regio Avenue Rehabilitation Project— Buena Park,CA COMPLETED:03-2022 CLIENT:City of Buena Park CONTACT:Norman Wray TITLE:Snr.Engineering Technician EMAIL:nwray@buenapark.com PHONE:(714)562-3699 The City of Buena Park sought to design rehabilitation and improvements to a section of Regio Avenue and required topographic design survey to facilitate these activities. KDM conducted research and collected existing records for the project area, executed field topographic survey that included visible features such as singing, striping, manholes, traffic signals,etc. Basemap was generated from collected data and provided in AutoCAD format with signed deliverables. N. Leg of Cypress Ave&Holly St— Laguna Beach COMPLETED:03/2022 CLIENT:City of Laguna Beach CONTACT:Joshua McDonald,PE TITLE:Assoc.Civil Engineer EMAIL:jmcdonald@lagunabeachcity.net PHONE:(949)497-0728 The City of Laguna Beach desired to design and implement a new cross-gutter across Holly St at Cypress Dr in Laguna Beach. The existing watercourse created a nuisance flow across the intersection. KDM performed a field survey and provided base mapping in CAD format for the City to use in its in-house design. KDM Meridian's field survey staff performed a topographic field survey of the intersection of Holly St and Cypress Dr (north one-half) extending 25 feet beyond the curb returns in all directions. The topographic detail included the existing curbs,street surface,and adjacent parkway.To best depict - the surface flow of water, a dense gridded interval (2-foot) of the street surface was collected using the latest technology in scanning total stations. This survey showed in high detail the existing drainage pattern across the intersection and together with grades collected along with curb and other related hardscape at a 10-foot interval generated a highly accurate and useful digital terrain model. The field survey also collected existing utilities, striping,and culture.Contours of the asphalt and concrete surfaces were produced at a unique and very useful interval for the need(i.e. 0.05') in the base mapping at a 1"=10' horizontal scale. Brenner Ave&Melrose St Sewer Upsize-Buena Park COMPLETED:07/2023 CLIENT:City of Buena Park PROJECT CONTACT:Cesar Ortiz,PE TITLE:Principal Engineer EMAIL:cortiz@buenapark.com PHONE:(714)562-3689 This project was for design related to the Sewer Upsizing along Brenner Avenue and Melrose Street. KDM performed research and surveyed centerline monuments that allowed for the depiction of record centerline ; and rights-of-way within the project limits. KDM provided a topographic : survey at a 25-foot interval including but not limited to CL, TC EG, , FL and 7400 •" "' '' BW for Brenner Avenue and Melrose Street within the limits shown on the ""'" 't provided Location Map (attached). At intersections, include survey for a minimum of 10'beyond existing curb radius.In addition,survey all driveways to a distance of 25' beyond the property lines. Survey included sidewalk, 4 I curb ramps, cross gutters, spandrels, drive approaches, utility boxes, manholes, valves, power poles, traffic signals, cabinets, fire hydrants, railroad crossings (including right-of-way), grade breaks,trees, signing and c t . striping along with any other visible features within the right-of-way. Base mapping was compiled at 1" =40' scale with 1-foot interval contours t - f 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -17- ©2024 KDM Meridian-All Rights Reserved. r;Z: KDM MERIDIAN produced from a digital terrain model and provided in AutoCAD format along with a signed PDF deliverable that includes datum and project control notes. Tree Top Lane Drainage Survey- Laguna Beach,CA COMPLETED:05-2018 CLIENT:City of Laguna Beach CONTACT:Mr.Alpha Santos-Guinto TITLE:Project Manager EMAIL:Mr.Alpha Santos-Guinto PHONE:(949)497-0729 Under KDM Meridian's On-Call Agreement with the City of Laguna Beach, KDM was . retained by the City to provide topographic design survey for correction of drainage issues at an intersection that was suffering from flooding. To that end KDM performed basic research that included record maps, corner records, GPS control, " y "'ram. and benchmarks. Record right-of-way, centerline and property lines were digitized - q? - • i for inclusion in the base mapping. KDM recovered and surveyed existing monumentation and set additional project control using conventional survey methods. Elevations of rim and inverts of utilities within the project area were also1411'71- a determined. The full topographic survey was completed utilizing static LiDAR scanning methods. Scan data was registered to project control and normal survey data was extracted from the point cloud. The deliverable was a conventional topographic map that included a true 1'x1' elevation grid of the intersection and adjacent drainage courses to determine water flow. The client requested additional data after the completion of the fieldwork. KDM was able to extract the data requested from the point cloud without returning to the field. Anaheim South Recycled Water Project-Anaheim,CA COMPLETED:05/2017 CLIENT:City of Anaheim CONTACT:Richard Hill,PLS TITLE:City Surveyor EMAIL:RWHill@anaheim.net PHONE:(714)765-5284 SUBCONSULTANT:Robert J.Lung&Associates(Aerial Photogrammetry) The City of Anaheim sought to facilitate the recycling of water for landscaping and chillers via installation of a metering connection to capture recycled water from Orange County Water Districts Groundwater Replenishment System, the construction of a recycled water pump station, and installation of approximately eight miles of recycled water distribution pipelines. To facilitate this, KDM Meridian was contracted by the City of Anaheim to generate up to date aerial mapping of the affected roadway. KDM Meridian developed a horizontal and vertical control network for the Anaheim South Recycled Water Network.The network consisted of 20 aerial targets and 4 augmentation control points. Our sub-consultant, RJ Lung and Associates, provided 1" = 40' aerial mapping with a 1' contour interval and included ortho photography. We also ran numerous random level lines to verify the quality of the aerial mapping. Scope included Aerial Mapping for approx. 9 miles of roadways around Disneyland and Angel Stadium. Map Checking Services-City of Fullerton COMPLETED:Ongoing Since 2003-Present CLIENT:City of Fullerton CONTACT:Yelena Voronel TITLE:Engineering Consultant EMAIL:Yelena.Voronel@cityofullerton.com PHONE:(949)378-4042 KDM began our long-term relationship with the City of Fullerton more than 15 years ago. We continue today to check and sign all subdivision maps in Fullerton as the City Surveyor. In addition, both Ms.Yelena Voronel and Ms. Linda Mansfield of the City's Engineering Department and Real Estate Division frequently called upon our expertise to assist them when faced with SMA questions,difficult subdivision mapping procedures and boundary issues. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -18- ©2024 KDM Meridian-All Rights Reserved. KDM MERIDIAN Surveying.Map".and La cl Service; Victoria Drive Improvements Project- Fullerton,CA COMPLETED:11-2020 CLIENT:City of Fullerton CONTACT:Juan Zavala,PE TITLE:City Engineer EMAIL:jzavala@CityofFullerton.com PHONE:(714)738-6322 SUBCONSULTANT:Robert J.Lung&Associates(Aerial Photogrammetry) a Pr* The City of Fullerton sought to execute infrastructure improvements on three streets • totaling approximately 5,000 linear feet. The subject improvements included water, +x+� sewer, storm drain, street, and ADA upgrades. Topographic survey & mapping was required to facilitate the design of infrastructure improvements. KDM Meridian d provided the necessary land surveying services for the preparation of PS&E including necessary technical investigations.The work included but was not limited to: Project Management and Meetings; Background Research; Utility & Agency Coordination; Field Verification;Aerial Mapping/Photogrammetry;Surveying and Field Verification - of Existing Site Conditions; and Pre-Construction Corner Record (Monument Perpetuation). FY 17/18 overlay Project,Monument Preservation-Oceanside,CA COMPLETED:08/2018 CLIENT:City of Oceanside CONTACT:Victor Velasco TITLE Associate Engineer EMAIL Welasco@oceansideca.org PHONE:(760)435-5102 The City of Oceanside retained KDM to provide monument preservation services as part of their street overlay and repair program. Tasks included, research, recovery and survey of existing monuments, preparation of pre-construction corner records and processing through the County of San Diego. We performed research, located centerline and property monuments, and established project control to be used through the construction phase of the projects. Our field crew set new centerline ties outside of the proposed improvements. Pre-construction corner records were prepared and filed with the County Surveyor. Copies of the recorded corner records were provided to the City of Oceanside Valencia Drive Reconstruction Project- Fullerton,CA COMPLETED 06/2018 CLIENT:City of Fullerton PROJECT CONTACT:Paul Lubliner TITLE:Assoc.Engineer EMAIL:PLubliner@cityoffullerton.com PHONE:(714)738-6886 Project consisted of construction staking for roadway improvements of approximately 3,000 feet of Valencia Drive in the City of Fullerton. Tasks included Topographic Survey, Construction Staking for Infrastructure Improvements, Monument Preservation.The design was based on a topographic design survey performed by KDM in 2016 under a separate contract. Monument Preservation was completed under both the design survey and construction staking contracts. Pre- and Post- construction Corner Records were prepared and filed with the County Surveyor. Map Checking Services-City of Ontario via Harris&Associates COMPLETED:Ongoing Since 2016-Present CLIENT:Harris&Associates for City of Ontario CONTACT:Craig Siefert TITLE:Director- Eng.Services EMAIL:craig.siefert@weareharris.com PHONE:(949)732-6302 Since our map checking contract began in 2016,KDM has performed map checking for over 80 subdivision maps in the City of Ontario ranging from single lot Parcel Maps to 400 lot Tract Maps. Each map has their own unique challenges demanding thorough communication between KDM, City staff, submitting surveyor, owner, and title company, in order to get the map to a state that is satisfactory for all involved. KDM has been a key partner in updating the City's subdivision map processes, standard certificates, and monument standards. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -19- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Surveyrg,Mapping.and Lad Servres Morro Hills Road Easement Analysis&Topographic Survey Project- Fallbrook,CA DATES:09-2018—10/2018 CLIENT:Rainbow Municipal Water District ADDRESS:3707 Old Hwy 395,Fallbrook,CA 92028 CONTACT:Chad Williams TITLE:Project Manager EMAIL:cwilliams@rainbowmwd.com PHONE:(760)822-0823 A waterline break impacted a resident who filed a claim for damages. KDM was called upon by Rainbow Municipal Water District to review existing easement documents, perform a topographic survey, mark the easement limits, and prepare an exhibit. KDM located existing monumentation and performed a topographic survey of the easement and adjoining improvements including existing encroachments.The scope included analyzing easement deeds,field surveying easement and encroachments,and preparation of an exhibit. KDM Training &Skill Development KDM management knows the importance of education. We are always supportive of staff taking classes and attending seminars in pursuit of improving themselves or achieving licensure. We also work with staff daily to strengthen their capabilities. From our internal training program and on-the-job training and education to external courses provided to KDM staff or provided through Professional Associations. KDM University(a.k.a. KDM-You!) KDM has long had an internal training and education program, however it was relaunched in early 2021 as KDM-You!with a renewed outlook and education model that both broadened the scope of topics and increased the frequency of trainings. Consisting of internal courses taught by KDM team members,imparting both expert knowledge among our employees while also facilitating personal enrichment through the knowledge one gains only through having to teach something, courses cover a broad range of topics, including but not limited to: employee safety,various survey software and equipment, land survey methodology,and practical field skills. Udemy Courses In addition to exploiting the knowledge and skills of individual KDM experts and team members, KDM-You! also provides access to Udemy courses for employee professional enrichment.With over 175k courses,and over 60k instructors teaching everything from basic business skills,as well as more complex topics like coding,topical law,and yes,even land surveying, Udemy gives our employees access to a vast database of professional enrichment taught by subject matter experts and professionals. All Udemy courses utilized by our team are vetted by management for relevance, instructor credentials,and quality of coursework so as to ensure the quality of professional enrichment provided to KDM staff via Udemy. On the Job Training .`.;;w= ImpiN KDM prides itself on our uncommon employment model. All of our production staff get significant exposure to all aspects of our core projects. From assisting with proposal • preparation, through preparing final deliverables, everyone has an understanding about • .' '4 , how all the pieces of a project interact and depend on each other. This rounded sr41. experience gives the staff at KDM an overall knowledge of what each project will require :xi _ :,_ --.1-,�►, and how-to best help achieve the objectives of the project. This is in contrast to many T other firms where field survey staff and office survey staff are separate. This results in ' �� field crew not developing in-office survey skills like data processing, map checking, or CAD, while those performing office survey functions may not develop field work experience,like effective data collection,the ability to process a complex site effectively, or understanding of each instruments capabilities & limits. We believe that the ability to do one, improves the ability to do the other. As such, our field personnel might literally spend their week doing research for a , monument preservation job, drafting a topographic base map, checking map closures, 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -20- ©2024 KDM Meridian—All Rights Reserved. KDM r",Z MERIDIAN �^ Sirveyxg.Mappng and Land Sawa, staking a sewer line, and setting final monuments. In that same vein,the owner and senior management keep their boots and safety vests handy as they are likely to spend a handful of days each month working with a field crew. Continuing Education KDM management knows the importance of education. We are always supportive of staff taking classes and attending seminars in pursuit of improving themselves or achieving licensure. Outside professional development coursework is encouraged and sponsored financially by KDM when work-related. We also work with staff daily to strengthen their capabilities. Subdivision Map Act Seminar KDM personnel in strategic positions have taken The Subdivision Map Act Seminar offered by the Law Office of Michael Patrick Durkee. Per the Law Office of Michael Patrick Durkee's overview of the seminar,the course discusses the basics of the Subdivision Map Act as well as the responsibilities and powers of local agencies, in addition to the following related topics: ➢ Discussion of relevant Legislative and Case Law ➢ Relationship of Map Act to other planning,zoning,and development laws,and to CEQA ➢ When the Map Act applies (and when not) ➢ What kind of Map (tentative/final or parcel map)to use ➢ Certificates of compliance ➢ Lot Line Adjustments ➢ Exemptions and exceptions under the Map Act ➢ Life of Tentative Map ➢ Vested Rights(including Vesting Maps, Development Agreements and Common Law Vesting) ➢ Exactions/Dedications/Fees ➢ Creative mapping approaches Enrichment via Professional Associations The aforementioned involvement of KDM personnel in professional organizations and associations also offers access to continuing education opportunities. Organizations, in particular California Land Surveyors Association (CLSA) and local chapters, provide members not only the opportunity to discuss professional survey best practices and the changing legal and regulatory landscape affecting the profession, but it also provides routine access to professional continuing education opportunities via hosted seminars,and topical courses. In short, KDM personnel derive continuing education opportunities from subject matter experts via the active involvement in the aforementioned organizations. PROFESSIONAL LEADERSHIP Not only do KDM personnel participate in professional associations from an enrichment perspective, they also routinely take active leadership roles. Multiple KDM personnel have held formal positions in land survey professional organizations. For instance, both Patrick Earl, PLS, who oversees the Survey Department, and Richard Maher, PLS,the President of KDM, have held the presidency of the CLSA-Orange County Chapter. In addition, KDM's President, Richard Maher, PLS,has also held positions beyond the local CLSA chapter, having been a former Director of CLSA; he is also a past-chairperson of the California Spatial Reference Center(CSRC) Executive Committee, and has given lectures on various survey topics at trade events.These are just some of the leadership examples of KDM personnel. KDM doesn't just join Land Survey organizations or events,they often take the lead too! 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -21- ©2024 KDM Meridian-All Rights Reserved. KDM MERIDIAN ' Surveying.tvtappro.and land Saunas References: Consultant should provide a minimum of five(5)references from public agencies the Consultant has performed work for within the last four (4)years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided • Contract costs,client/consultant-initiated change orders,and explanation • Dates • Staff assigned to referenced engagement that will be designated for work per this RFP • Client project manager name, telephone number, and email. If the client's primary point of contact is no longer available to provide a reference,please provide an alternative. References are provided below. For specific project references and descriptions, please see the Sample Experience section of this Proposal. Reference 1:City of Anaheim AGENCY:City of Anaheim Department of Public Works CONTACT:Richard Hill,PLS TITLE:City Surveyor PHONE:(714)765-5284 EMAIL:RWHill@anaheim.net Scope of Work On-going on-call contract for surveying.General survey services including topographic,boundary,construction,monument perpetuation,aerial,and miscellaneous survey,as well as document/map checking services. Cost:On-Call As Needed Dates:2013 to Present Key Staff Assigned to Projects:Richard Maher,Patrick Earl,Keith Klagge,Kathleen Layaoen,Tiffany Padilla Reference 2:City of Fullerton AGENCY:City of Fullerton Public Works Department CONTACT:Yelena Voronel,PE,MPA TITLE:Engineering Consultant PHONE:(949)378-4042 EMAIL:Yelena.Voronel@cityofullerton.com Scope of Work On-going on-call contracts for surveying. General survey services including topographic, boundary, construction, monument perpetuation,aerial,and miscellaneous survey,as well as document/map checking services. Cost On-Call As Needed Dates:2010 to Present Key Staff Assigned to Projects:Richard Maher,Patrick Earl,Keith Klagge,Kathleen Layaoen,Tiffany Padilla Reference 3:City of Buena Park AGENCY:City of Buena Park Public Works Department CONTACT:Norman Wray TITLE:Snr.Engineering Technician PHONE(714)562-3699 EMAIL:nwray@buenapark.com Scope of Work: On-going on-call provider of Professional Survey Services. Services include topographic, boundary, construction, monument perpetuation,aerial,and miscellaneous survey. Cost:On-Call As Needed Dates:2021 to Present Key Staff Assigned to Projects:Richard Maher,Patrick Earl,Keith Klagge,Kathleen Layaoen 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -22- ©2024 KDM Meridian—All Rights Reserved. rA . KDM MERIDIAN Surveying.Map".and Lard Sys Reference 4:City of Moreno Valley AGENCY:City of Moreno Valley CONTACT:Quang Nguyen,PE TITLE:Senior Engineer PHONE(951)413-3159 EMAIL:QuangN@MoVal.org Scope of Work: On-going on-call provider of Professional Survey Services. Services include topographic, boundary, construction, monument perpetuation,aerial,and miscellaneous survey. Cost On-Call As Needed Dates:2013 to Present Key Staff Assigned to Projects:Richard Maher,Patrick Earl,Keith Klagge,Kathleen Layaoen Reference 5:City of Oceanside AGENCY:City of Oceanside Public Works Department CONTACT:Paul Pham,PE TITLE:Associate Engineer PHONE:(760)435-5030 EMAIL ppham@oceansideca.org Scope of Work:On-going on-call contracts for land survey services.General survey services including topographic,boundary,construction, monument perpetuation,aerial,and miscellaneous survey(since 2017),as well as document/map checking services(since 2023). Dates:2017 to Present(On-Call Survey not including Map or Document Checking);2023 to Present(On-Call Survey including Map and Document Checking) Key Staff Assigned to Projects:Richard Maher,Patrick Earl,Keith Klagge,Kathleen La aoen Reference 6:City of Fullerton AGENCY:City of Fullerton Public Works Department CONTACT:Juan Zavala,PE TITLE:City Engineer PHONE:(714)738-6322 EMAIL:JZavala@CityofFullerton.com Scope of Work On-going on-call contracts for surveying. General survey services including topographic, boundary, construction, monument perpetuation,aerial,and miscellaneous survey,as well as document/map checking services. Cost:On-Call As Needed Key Staff Assigned to Projects:Richard Maher,Patrick Earl,Keith Klagge,Kathleen Layaoen,Tiffan Padilla Reference 7:City of Ontario AGENCY:City of Ontario Public Works CONTACT:Bryan Lirley,PE TITLE:Principal Engineer: PHONE:(909)395-2137 EMAIL:BLirley@ci.ontario.ca.us RELATIONSHIP: Map checking services via Hams&Associates(KDM Meridian is a sub-consultant to Hams&Associates handling map checking functions). Cost:On-Call As Needed Key Staff Assigned to Projects:Richard Maher,Patrick Earl,Kathleen Layaoen,Tiffany Padilla 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -23- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Subconsultant List: Provide a list of the firm's subconsultants and indicate the following for each:Primary contact,services they provide and project experience working with the firm. KDM Meridian performs most functions in-house. The primary subconsultants we work with are noted below: Robert J. Lung &Associates Primary Contact: Christopher Lung I Principal &Chief Pilot I Chris.Lung@RJLmaps.com Services Provided:Aerial Photogrammetry and Sensors Project Experience with KDM Meridian: Robert J. Lung &Associates has worked with KDM Meridian for many years on an innumerable number of projects. Recent Projects in which KDM has worked with RJL include: ➢ Anaheim South Recycled Water Project - Anaheim, CA(See Sample Projects for Additional R J L Information) ➢ Victoria Drive Improvements Project - Fullerton,CA((See Sample Projects for Additional Information) ➢ Lake Skinner Recreation Area Project(Aerial Target Setting) - Winchester,CA A ➢ Tweedy Mile Complete Streets Project - South Gate, CA T2 Utility Engineers Primary Contact:Arthur G. Robison, PE I Senior Project Manager I Glen.Robison@T2UE.com Services Provided:Subsurface Utility Engineering (Utility Location) Project Experience with KDM Meridian: T2 Utility Engineers has partnered on various projects with KDM Meridian over the past X years. Recent projects in which KDM has worked with T2 Utility Engineers include: ➢ Casa De La Torre Alignment Project - San Diego, CA ➢ Parker& Irvine Blvd. High Voltage Line Extension Project - San Deigo County,CA➢ �2 1'I'ly MacArthur Boulevard SUE Project(OC Sanitation District) - Newport Beach,CA W ui I ➢ Bay Bridge Pump Station Survey(OC Sanitation District) - Newport Beach,CA engineers Exceptions: The consultants shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or City's standard professional services agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. KDM has reviewed the standard professional services agreement and takes no exceptions. Fee Proposal:A Fee Proposal shall be submitted in a separate,sealed envelope and marked as"On-Call Professional Services--Fee Proposal" along with the name of the project. The information and details included in the fee proposal shall conform to the provisions of Section VII- Fee Proposal, of this RFP. KDM Meridian has complied with this requirement and submitted a separately sealed fee proposal accompanying this proposal. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -24- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Suneyrg.Mapping,and Lard Sen ce. Appendix RESUME: Mr. Maher, PLS RESUME: Mr. Earl, PLS RESUME: Mr. Klagge, PLS RESUME: Ms. Layaoen, PLS RESUME: Ms. Padilla, PLS 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -25- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Surveyrg.NW".mx1 Lanci Servers Richard C. Maher, PLS 1t' President I KDM Meridian California Professional Land Surveyor:L 7564 Years in Survey Industry South Dakota Professional Land Surveyor:L 16612 34 . (949)-768-0731 `' f , ! RMaher@KDMMeridian.com Yea 2a3sLicensedPLS 1340 Reynolds Ave I Suite 110, Irvine,CA 92614 --'K':` Licensed In: Richard C. Maher is a Professional Land Surveyor (PLS) registered in both State of California (Since 2000) the State of California & State of South Dakota, and President of the KDM P State of South Dakota (Since Meridian,a Land Survey&Mapping firm founded in 2000,which specializes 2023) in GPS, LiDAR scanning, conventional land surveying, and map checking. He Education began his career in the land surveying and civil engineering industry in 1990,was p California State University, a founding member of KDM Meridian in 2000, and is now the current owner & Fullerton: Various Coursework I president of KDM Meridian. Richard has worked extensively in all facets of land Civil Engineering. 1990-1992 surveying with over one hundred different local, county, and state agencies and University of California, utilities districts. He has provided right-of-way engineering, annexations, heavy Riverside Extension: Certificate and light construction staking, design topographic surveys, aerial controlI GPS Technology. 2010-2012 networks, legal descriptions, boundary surveys, records of survey,and parcel and tract map preparation and checking. He maintains his knowledge of state-of-the- r CLSA Seminars/Conferences, art technology, hardware, and software used industry wide. Continuing Education:Various Courses. 1996-Present Sample Project Experience Professional Experience ➢ City of Buena Park,Regio Avenue Rehab Project. Technical Approach Development. P President/Owner: KDM ➢ City of Oceanside,Citywide Ramp and Sidewalk Improvements Project. Technical Meridian, Irvine, CA, 2000- Approach Development. Present P City of Fullerton, Victoria Drive Improvements Project. Principle-in-Charge/Technical p Survey Manager: Norris-Repke, Approach Development. Inc., Santa Ana,CA, 1990-2000 ➢ City of Anaheim, Crescent Avenue Boundary Survey.Snr Supervising Project Manager/ Technical Approach Development. Affiliations California Land Surveyors Speaking Engagements Association (CLSA): Director CLSA'/NALS2 State Conference,CA:Real Time GPS Network:2013 . CLSA— Orange County p LCS03 Geospatial Symposium,CA:Spatial Reference System:2013 Chapter: Secretary; Past CLSA/NALS State Conference,CA:Spatial Reference System:2014 Chapter President 2020 Fresno State University Conference,CA:Least Squares Adjustments:2015 Joint Professional Practices CLSA State Conference:Joint Professional Practices Committee Panel(Moderator):2017 Committee(JPPC): Member p CLSA:Statewide Map Process Procedures:2019 California Spatial Reference p CLSA Orange County:Instructor for GPS,Geodesy,and State Plane Coordinates:2019 to Present Center(CSRC): Treasurer; Past Chairman of Executive Committee 'California Land Surveyors Association(CLSA) 2 Nevada Association of Land Surveyors(NALS) 3 League of California Surveying Organizations(LCSO) A 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -26- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Surveying Maw.and Land sates Patrick D. Earl, PLS Survey Manager I KDM Meridian California Professional Land Surveyor: L 8773 Year 23n iiiiI Surveylndustry (949)-768-0731 Years as Licensed PLS PEarl@KDMMeridian.com 14 1340 Reynolds Ave I Suite 110, Irvine, CA 92614 Licensed In: State of California(Since 2010) patrick Earl is a Professional Land Surveyor(PLS)registered in the State of Education California since 2010. Mr. Earl began his land surveying career in 2001. At University of California,Santa his previous firm, he began working as a chainman,and worked his way up Barbara: BS I Mechanical to Party Chief. His previous employment allowed him to learn under a land Engineering. 2000-2004 surveyor with vast experience in the land title business. This gives him a unique understanding of the underpinnings of real property boundary. eventually making Professional Experience a lateral move to KDM Meridian as a Party Chief. Mr. Earl joined KDM Meridian in . Survey Manager: KDM 2008, also in a party chief role. He now fills the role of Survey Manager and is Meridian, Irvine, CA,2010- responsible for the daily supervision of the office staff's data reduction and Present mapping processes. He also oversees topographic mapping, boundary analysis, . Party Chief: KDM Meridian, map checking,and survey calculations for the survey department.To compliment Irvine, CA,2008 — 2010 his field experience in topographic, boundary, and construction surveying, he has - Party Chief:Combs Land exceptional office surveying skills in mapping and the production of legal Surveying, Cerritos,CA,2006 — descriptions and exhibits for the wide variety of documents associated with real 2007 property. Chainman: Combs Land Responsible for supervising day-to-day survey operations, Mr. Earl leads a staff of Surveying, Cerritos,CA,2001 - 9, including Project Surveyors (licensed surveyors) and Survey Technicians. 2006 Having worked his way from an entry level Chainman all the way up to a licensed Land Surveyor,Mr. Earl knows what it takes to create success at every level of the Affiliations survey process,a skill that has proven invaluable managing personnel involved at r California Land Surveyors all levels of the land survey process. To keep his skills sharp, Patrick doesn't just Association (CLSA): Member manage a team, he also maintains a hands-on role: he acts in a project manager CLSA— Orange County role,just like the Project Surveyors he supervises, as well as routinely going into Chapter: Member; Past Chapter the field to perform land survey and mentor junior employees. President Sample Project Experience > City of Fullerton, City of Fullerton Map Checking Services. Project Manager. ➢ Harris&Associates, Yorba Linda Town Center Redevelopment Project. Project Manager. ➢ City of Fullerton, City of Fullerton Map Checking Services. Survey Manager. > Harris&Associates, City of Ontario Map Checking Services. Surve Manager. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KOMMeridian.com -27- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Saveytg.Mappry.arxi Lana Servx;es Keith Klagge, PLS Project Surveyor I KDM Meridian California Professional Land Surveyor: PLS 9534 Years in Survey Industry :.: 29 r (949)-768 0731 Years as Licensed PLS KKlagge@KDMMeridian.com 5 1340 Reynolds Ave Suite 110, Irvine, CA 92614 Licensed In: State of California (Since 2019) eith M. Klagge is a professional land surveyor registered in the State of Education California and has worked nearly 30 years in land surveying and civil �, San Diego State University: BS I engineering industry, including 19 years at KDM Meridian as our Senior Survey Technician, and 3 years as Project Surveyor. Mr. Klagge's experience Computer Science. 1984-1986 includes participation in project teams for over fifty different local, county, state, Professional Experience and utility agencies, as well as private clients. In that capacity, he has been . Project Surveyor: KDM responsible in whole or in part for staking for heavy and light construction,design Meridian, Irvine, CA 2019- topographic surveys,aerial control networks,boundary surveys,records of survey, Present control network diagrams, Government Land Office (GLO) corner searches, and . Party Chief: KDM Meridian, monument perpetuation surveys. Over the course of his career, Mr. Klagge has Irvine,CA 2000-2019 specialized in public works projects including street, sewer, water, storm drain, . Survey Technician/ Party parks, and municipal building improvements. Mr. Klagge's daily responsibilities Chief:Tetra Tech, Irvine,CA include pre-calculating staking projects and verification of design plan data. He 1995-2000 also acts as the company Safety Manager. Affiliations Sample Project Experience . California Land Surveyors City of Fullerton,Acacia Ave&E Valencia Dr Emergency Storm Drain Repair Association (CLSA): Member Survey, Project Surveyor. . CLSA— Orange County Chapter: Member; Past Chapter City of Fullerton, Glenwood Avenue,E. Union Avenue, and E. Brookdale Place President Infrastructure Improvements Survey, Project Surveyor. City of Moreno Valley, Citywide Pavement Rehab FY 20/21 Project, Project Surveyor A 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -28- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN Surveying.Map^driu Lind SerikEz Kathleen Layaoen, PLS • f . Project Surveyor I KDM Meridian Years in Survey Industry California Professional Land Surveyor: PLS 9447 1 q (949) 768 0731 Years as Licensed PLS KLayaoen@KDMMeridian.com , 6 1340 Reynolds Ave I Suite 110, Irvine, CA 92614 Licensed In: State of California (Since 2019) Kathleen Layaoen is a Licensed Land Surveyor in the State of California who Education has 19 years' experience in the land surveying industry. Joining the firm in A- University of the Philippines, September of 2021,Kathleen has shown herself to be an asset,not only due Quezon City: BS I Geodetic to her highly motivated approach to projects,but also to her dedication in ensuring Engineering 2001 details are not sacrificed because of project time constraints. Kathleen has mainly CLSA Seminars/Conferences, worked on projects within the Counties of Los Angeles and Orange County, Continuing Education:Various focusing on Mapping and Legal Descriptions (e.g., Lot Line Adjustments, 2018-Present Easements,etc.). Kathleen's background has provided her unique insights into not Professional Experience only liaising with large public agencies,but also in specific areas such as handling Project Surveyor: KDM lot-line-adjustments for properties straddling two cities or boundaries straddling Meridian, Irvine, CA:Sept 2021 two counties, as well as navigating the complex and ever-changing legal and Present regulatory landscape that challenges different land survey projects. . Office Surveyor: M&G Civil Sample Project Experience Engineering and Land CA: City of Buena Park,Regio Avenue Rehabilitation Project. Project Surveyor. Surveying, Beverly AugustHls,20 February 2018- 2021 Y City of Buena Park, Brenner Ave&Melrose St Sewer Upsize Project. Project • Survey Mapping Analyst: M&G Surveyor. Civil Engineering and Land Surveying, Beverly Hills, CA: Y City of Fullerton, City of Fullerton Map Checking Services. Project Surveyor. June 2005-February 2018 Y City of Anaheim, Vermont Ave Lot Line Adjustment. Project Surveyor. Affiliations California Land Surveyors Association (CLSA): Member . CLSA— Orange County Chapter: Member A 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -29- ©2024 KDM Meridian—All Rights Reserved. 4 KDM MERIDIAN UM fl Map",and Land Ser a, Tiffany Padilla, PLS ellProject Surveyor I KDM Meridian 7 Years in Survey Industry California Professional Land Surveyor: PLS 9800 fr 13 (949)-768-0731 Years as Licensed PLS \ TPadilla@KDMMeridian.com . <1 1340 Reynolds Ave I Suite 110, Irvine, CA 92614 Licensed In: State of California(Since 2023) Education IVIs. Padilla recently obtained her Survey License in California but has . Santiago Canyon College: been in the surveying industry for 13 years. Soon after joining KDM Coursework I General Studies& Meridian, she became an integral part of the firm's success with service Land Survey Studies to its public agency clients. Ms. Padilla has experience with several CAD platforms . Villa Park High School: High and brings years of experience working on topographic projects for design under School Diploma various local and statewide public sector clients. She provides an excellent background on customizing CAD standards and formats to meet each client's Professional Experience desired results. Ms. Padilla excels in the compilation of field survey data into . Project Surveyor: KDM numerous deliverable formats intended for, amongst others, design, Meridian, Irvine, CA: 2023 — environmental reports, construction as-builts, survey records, and subdivision Present mapping. As a map-checker her close attention to each agency's specific . Senior Survey& Mapping subdivision ordinance and process, a thorough understanding of the Subdivision Technician: KDM Meridian, Map Act, and her consistency and thoroughness have led to high praise from not Irvine, CA: 2019-2023 only our agency clients but from the submitters of the maps KDM Meridian > Survey Technician: KDM checks. Ms. Padilla is an invaluable asset to the team KDM Meridian provides its Meridian, Irvine, CA: 2016 — clients. 2019 Sample Project Experience • Survey Technician: Psomas, Santa Ana, CA: 2012 — 2016 ➢ City of Fullerton, City of Fullerton Map Checking Services. Project Surveyor. . Survey Intern: Psomas,Santa Ana, CA: 2011-2012 > Harris&Associates, City of Ontario Map Checking Services. Project Surveyor. Affiliations . California Land Surveyors Association (CLSA): Member . CLSA — Orange County Chapter: Member; Past Chapter President A 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridian.com -30- ©2024 KDM Meridian—All Rights Reserved. KDM MERIDIAN &,veay.M' KJ•atlt.7nc Sueces KDM Meridian Rate Schedule & Fees Solicitation: City of Seal Beach RFP for On-Call Professional Services for Various Disciplines Solicitation Date: March 13,2024 Issuing Entity: City of Seal Beach Subconsultant to(Prime): n/a Services Provided: Land Survey Services Version Code: v.230405_PWR_CUST Seal Beach Rate Holds&Adjustments Rates firm for initial term of agreement(three years). Professional Services Schedule Category Hourly Rate Principal $ 252.00 Survey Manager $ 236.00 Project Surveyor $ 221.00 Survey Technician II $ 179.00 Survey Technician I $ 158.00 Clerical/Administration/Technical Aide $ 100.00 Expert Witness $ 525.00 Survey Crew(1-person)Prevailing Wage $ 263.00 Survey Crew (2 persons)Prevailing Wage $ 378.00 Survey Crew(3 persons)Prevailing Wage $ 494.00 Reimbursables Schedule Category R.1tc Rental of Special Equipment or Special Supplies Cost+5% Subconsultants Cost+5% Agency Fees Actual Cost Per Diem (Meals&Lodging) GSA Published Rates Miscellaneous Fee Schedule Provisions Fee Schedule Provisions A minimum of 4 hours per day will be charged for survey crews. Over-time will be charged at 1.35 times the regular rate. Double-time will be charged at 1.75 times the regular rate. The above rates shall be charged portal to portal(time spent on project site plus travel time)excluding meal breaks. KDM Meridian complies with all prevailing wage requirements.The rates noted in this fee schedule are developed taking into consideration the prevailing wage rates current at the time of the original solicitation. It is assumed that all task orders or work issued under this solicitation will,as stipulated by respective laws and regulations,utilize the original solicitation date& DIR number for purposes of prevailing wage rate determinations. In the event that a task order,or equivalent, is issued under this solicitation and assigned a new DIR number resulting in a different wage rate determination than that of the original solicitation, KDM Meridian reserves the right to adjust subject hourly rates to reflect the new prevailing wage determination triggered by the new DIR number. 1340 Reynolds Ave I Suite 110 Irvine,CA 92614 www.KDMMeridien.com Page 1 of 1 ©2023 KDM Meridian—All Rights Reserved EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" 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 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", 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. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. 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. 6. 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. Consultant shall, as a penalty to City, forfeit $200.00 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. 7. 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 City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, 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 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight 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. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 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 eight 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 eight hours per day at not less than one and one-half times the basic rate of pay. 11 . 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." 12. 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. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, those City agents serving as independent contractors 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, agents and servants) 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 the termination of the Agreement. C16 KDM MERIDIAN Sr1r !e P,7,prng did Ldnil f CORPORATE RESOLUTION I, the undersigned, hereby certify that I am the President of KDM MERIDIAN, a corporation duly organized and existing under and by virtue of the law of the State of CALIFORNIA; that I am the keeper of the corporate records of this Corporation; that the following is true, correct and compared copy of a resolution duly adopted and ratified at a meeting of the Board of Directors of this Corporation, duly called and held, in accordance with its charter and by-laws, at which meeting a quorum was present and acting throughout; that said resolution has not been in any way amended, annulled, modified, rescinded or revoked, but is in full force and effect. Resolved, that the President and Secretary of this Corporation are hereby authorized in the name of this Corporation to execute agreements on behalf of the company. I further certify that the Board of Directors of this Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolution and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same. °:. IN WITNESS WHEREOF, I hereunto subscribe my name and affixed the seal of this corporation on this 20th day of January 2020. SEAL President Attest: Secretary 949-768-0731 • 22541 Aspan Street, Suite C, Lake Forest, CA 92630 • www.KDMMeridian.com A /Y® DATE(MM/DDYYY) CERTIFICATE OF LIABILITY INSURANCE 8/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: (AVC)Donna Esquivel IOA Insurance Services PHONE - FAX 130 Vantis, Suite 250 (A/C.No.Ext): (949)297-5962 (A/C,No): AIL Aliso Viejo, CA 92656 AD AD DREREss_ donna.esquivel@ioausa.com INSURER(S)AFFORDING COVERAGE NAIC# www.ioausa.com CA License#0E67768 INSURER A: RLI Insurance Company _I 13056 INSURED INSURER B: KDM Meridian 1340 Reynolds Avenue, Suite 110 INSURER c_ Irvine CA 92614 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 81410597 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE N w SD SvD POLICY NUMBER (MM/DO/YYYY) (MM/D/YYYY) LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ PSB0001477 4/1/2024 4/1/2025 EACH OCCURRENCE $2,000,000 RENTED CLAIMS-MADE ,,/ OCCUR Scheduled Al Endt PREMISES DAMAGE O(Ea occurrence) $1,000,000 #PPB3130212 ✓ Prim/NonCon MED EXP(Any one person) $10,000 Professional Services ✓ Wvr of Subr performed by the Insured 1 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: are Excluded GENERAL AGGREGATE $4,000,000 POLICY ✓ JECT I ✓ I LOC PRODUCTS-COMP/OP AGG $4,000,000 ✓ OTHER:Form#PPB3161113 $ A AUTOMOBILE LIABILITY ✓ ✓ PSA0001240 1 4/1/2024 '4/1/2025 (a eBINdEerDitSINGLE LIMIT $1,000,000 ✓ ANY AUTO Designated Insured Endt BODILY INJURY(Per person) $ OWNED SCHEDULED #CA20481013;Prim/NonCon BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS and Blkt Wvr of Subr HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY AUTOS ONLY included on pg 2 of Form (Per accident) ✓ Prim/NonCon j /l Wvr of Subr #PPA3000313 $ A UMBRELLA LIAB ' T/ I OCCUR ,/ / PSE0001316 4/1/2024 4/1/2025 EACH OCCURRENCE $5,000,000 ✓ EXCESS LIAB CLAIMS-MADE Follow Form;Excl Prof AGGREGATE I $5,000,000 Liab;Form#PPU3040610 DED RETENTION$ $ A ''.WORKERS COMPENSATION I PSW0001389 4/1/2024 4/1/2025 T/ STATUTE EERH I AND EMPLOYERS'LIABILITY Y/N USL&H Included; ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? n N IA Waiver of Subrogation (Mandatory in NH) Endt#WC0403060484 E.L.DISEASE-EA EMPLOYEE $1 QQQ QQQ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A 'Professional Liability RDP0054150 4/1/2024 4/1/2025 $2,000,000 Each Claim Claims-Made $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is an Additional Insured with respect to General Liability(GL)and Automobile Liability when required by contract with the Insured,but only to the extent provided within the Endorsements noted above. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners'Coverage form. A Workers'Compensation Waiver is included for the person or organization named in the Schedule that are parties to a written contract,but only to the extent provided within the Endorsement noted above. Coverage is subject to all policy terms, conditions,limitations and exclusions. 30 Day Notice of Cancellation/10 Days for Non-Payment in accordance with policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE ,tWa,;(...--)_X-4:6'4,1"-----i I (AVC)Alicia K.Igram ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 01 A1ncoo I e/oA-oc CT./5rrrn/OVrrcc/4Tr/OT. I Invrl n....... cc,,,,,,. 1 I 0/1A/on,A A.SA.10 OM ionm, 0 .-. 1 ,.c 10 Policy Number:PSB0001477 RLI Insurance Company Named Insured:KDM Meridian THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM —SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s): City of Seal Beach 1. SECTION II C. Who Is An Insured is amended to primary basis, or a primary and non-contributory include as an additional insured the person or basis, this insurance is primary to other insurance organization shown in the schedule above, but only that is available to such additional insured which with respect to liability for "bodily injury", "property covers such additional insured as a named insured, damage" or "personal and advertising injury" and we will not share with that other insurance, caused in whole or in part by you or those acting on provided that: your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K.2 Transfer this endorsement is limited as follows: of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply to the rendering APPLICABLE TO SECTION I — PROPERTY AND of or failure to render any "professional SECTION II— LIABILITY) services". We waive any rights of recovery we may have b. This endorsement does not increase any of the against any person or organization because of limits of insurance stated in D. Liability And payments we make for "bodily injury", "property Medical Expenses Limits of Insurance. damage" or "personal and advertising injury" arising 3. 1 he ronow ng is added to SECTION III H.2. Other out of "your work" performed by you, or on your Insurance — COMMON POLICY CONDITIONS behalf, under a contract or agreement with that (BUT APPLICABLE ONLY TO SECTION II — person or organization. We waive these rights only LIABILITY) where you have agreed to do so as part of a contract or agreement with such person or However, if you specifically agree in a contract or organization entered into by you before the "bodily agreement that the insurance provided to an injury" or"property damage" occurs, or the "personal additional insured under this policy must apply on a and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 02 12 Page 1 of 1 GIAln.0, I A/,e_,S n_i/Turn/Dvntcc/ta,/Di I 'Ayr, n..nna ce....,..vi I 0/iA/,n,A A.CA.la DM iDnmi Da..o ..f i0 Policy Number: PSB0001477 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. First Aid And Good Samaritan Services B. Supplementary Payments C. Reasonable Force— Bodily Injury Or Property Damage D. Non-Owned Watercraft E. Canoes Or Rowboats F. Damage To Premises Rented To You G. Aircraft Chartered With Crew H. Electronic Data Liability I. Who Is An Insured — Newly Acquired Or Formed Organizations J. Who Is An Insured — Unnamed Partnership Or Joint Venture K. Additional Insured —Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured — State Or Political Subdivisions — Permits Related To Premises Or Operations M. General Aggregate Limit— Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense O. Amended Bodily Injury Definition P. Amended Insured Contract Definition —Construction Or Demolition Operations Within 50' Of Railroad Q. Amended Personal And Advertising Injury Definition — Electronic Material R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PPB 316 11 13 Page 1 of 7 a,A1n4QV I n/,a_ac nr./nTrrn/nvrvcc/mr/or. I I ,rl n..�..e oe....,..oi I a/in/onan n.cn.,c ou IDrrrI I o�..e 1 ..c 1a This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM—SECTION II —LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY A. First Aid And Good Samaritan Services a. Expected or Intended Injury 1. The following is added to Section II A.1. "Bodily Injury" or "property damage" ex- Business Liability Coverages pected or intended from the standpoint of We will pay those sums that the insured the insured. This exclusion does not apply to becomes legally obligated to pay as damages "bodily injury" or"property damage" resulting because of"bodily injury" arising out of either the from the use of reasonable force to protect rendering of or failure to render, "First Aid" or persons or property. "Good Samaritan Services" to any person. For D. Non-Owned Watercraft the purposes of this coverage grant, "First Aid" 1. Section II B.1.g. Exclusions, Aircraft, Auto Or or "Good Samaritan Services" will be deemed to meet the definition of "occurrence". For the Watercraft Subparagraph (2) is deleted and purposes of determining the applicable limits of replaced by the following: insurance, any act or omission together with all (2) A watercraft you do not own that is: related acts or omissions in the rendering of (a) Upseventy-five (75) feet long; and "First Aid" or "Good Samaritan Services" to any to one person will be deemed one"occurrence". (b) Not being used to carry persons or a. "First Aid" means initial care for medical property for a charge; attention immediately following a "bodily 2. Only as respects to the insurance provided by injury". this provision C. Who Is An Insured is b. "Good Samaritan Services" means medical amended to include as an insured any person attention provided in an emergency and for who, with your express consent uses the which no remuneration is demanded or watercraft. received. 3. The insurance provided by this provision shall 2. The insurance provided by this provision shall be excess over any valid and collectible other be excess over any valid and collectible other insurance available to the insured, whether insurance available to any insured whether primary, excess, contingent or on any other primary, excess, contingent or any other basis, basis, except for the insurance purchased except for insurance purchased specifically by specifically by you to apply in excess of the you to apply in excess of the limits of Insurance Limits of Insurance shown in the declarations for shown in the declarations for Business Liability. this Coverage Part. B. Supplementary Payments E. Canoes Or Rowboats Section II A.1.f. Coverage Extension — The following is added to the exceptions contained Supplementary Payments Paragraphs 1.(b) and in Section II B.1.g. Exclusions, Aircraft, Auto Or 1.(d) are deleted and replaced with the following: Watercraft: (b) Up to $2,500 for the cost of bail bonds required (6) Any non-motorized canoe or rowboat owned by because of accidents or traffic violations arising the insured. Only as respects to the insurance out of any vehicle to which Business Liability provided by this provision C. Who Is An Coverage for "bodily injury" applies. We do not Insured is amended to include as an insured have to furnish these bonds. any person who, with your express consent, uses any such canoe or rowboat. (d) All reasonable expenses incurred by the insured F. Damage to Premises Rented to You at our request to assist in the investigation or defense of the claim or "suit", including actual 1. The last paragraph of Section II B.1. Ex- loss of earnings up to $500 a day because of clusions — Applicable To Business Liability time off work. Coverage is deleted and replaced by the C. Reasonable Force — Bodily Injury Or Property following: Damage Exclusions c., d., e., f., g., h., i., k., I., m., n. and Section II B.1.a. Exclusions, Expected Or o. in SECTION II — LIABILITY do not apply to Intended Injury, is deleted and replaced by the damage by water, fire, explosion, lightning, or following: smoke resulting from fire to premises while PPB 316 11 13 Page 2 of 7 Oldl nco, I .,/,s_Oc rr/T„TI,/wvrrcc/un-/or 1 1AVr, h......a t ......rn, I a/,A/ono,, A.c..10 DM ,Dry, Oe.-. A ..f ,O rented to you, or temporarily occupied by you cells, data processing devices or any other with permission by the owner. A separate media which are used with electronically Damage To Premises Rented To You Limit of controlled equipment. Insurance applies to this coverage as described 3. For the purposes of the coverage provided by in paragraph D. Liability And Medical this endorsement, Section II F. Liability And Expenses Limits of Insurance in SECTION II— Medical Expenses Definitions, Paragraph 17. LIABILITY. is deleted and replaced by the following: 2. Section II F.9.a. Liability And Medical 17. "Property damage" means: Expenses Definitions, is deleted and replaced by the following: a. Physical injury to tangible property, including all resulting loss of use of that a. A contract for a lease of premises. However, property. All such loss of use shall be that portion of the contract for a lease of deemed to occur at the time of the premises that indemnifies any person or physical injury that caused it; organization for damage by water, fire, explosion, lightning, or smoke resulting from b. Loss of use of tangible property that is fire to premises while rented to you or not physically injured. All such loss of temporarily occupied by you with permission use shall be deemed to occur at the of the owner is not an "insured contract"; time of the "occurrence" that caused it; or 3. This provision does not apply if coverage for c. Loss of, loss of use of, damage to, Damage To Premises Rented To You is ex- corruption of, inability to access, or in- cluded by another endorsement to this policy. corruption of, inability to access, or ability to manipulate "electronic data", G. Aircraft Chartered With Crew resulting from physical injury to tangible 1. The following is added to the exceptions property. All such loss of "electronic data" shall be deemed to occur at the contained in Section II B.1.g. Exclusions, time of the"occurrence" that caused it. Aircraft, Auto or Watercraft: d. Property damage does not mean dis- (6) Any non-owned aircraft chartered to you closure of, display of, or theft or mis- with a crew including a pilot. appropriation of electronic data however 2. The insurance provided by this provision shall caused. be excess over any valid and collectible other For the purposes of this insurance, insurance available to the insured whether "electronic data" is not tangible property. primary, excess, contingent or on any other basis, except for insurance purchased specif I. Who Is An Insured — Newly Acquired Or Formed ically by you to apply in excess of the Limits of Organizations Insurance shown in Declarations. The following is added to Section II C. Who Is An H. Electronic Data Liability Insured: 1. Section II B.1.q. Exclusions is deleted and Any organization you newly acquire or form, other replaced by the following: than a partnership, joint venture or limited liability company, over which you maintain ownership or q. Electronic Data majority interest, will qualify as a Named Insured if Damages arising out of the loss of, loss of there is no other similar insurance available to that use of, damage to, corruption of, inability to organization. However: access, disclosure of, display of, theft or 1. Coverage under this provision is afforded only misappropriation of or inability to manipulate until the one hundred eightieth (180th) day after "electronic data". However this exclusion you acquire or form the organization or the end does not apply to"Property Damage". of the policy period, whichever is earlier; 2. The following definition is added to Section II F. 2. Coverage does not apply for "bodily injury" or Liability And Medical Expenses Definitions: "property damage" that occurred before you "Electronic data" means information, facts or acquired or formed the organization. programs stored as or on, created or used on, or 3. Coverage does not apply for "personal and transmitted to or from computer software advertising injury" arising out of an offense (including systems and applications software), committed before you acquired or formed the hard or floppy disks, CD-ROMS, tapes, drives, organization. PPB 316 11 13 Page 3 of 7 u,n,nco, I A/,n_,c cr/n,rrn/rvrrcc/Tor/n, I ,nvr, I o/,n„n,n n.cn.10 mw ,nnm, I c 4. This provision does not apply to any (1) Only if the "bodily injury", "property dam- organization for which coverage is excluded by age" or "personal and advertising injury" another endorsement to this policy. is caused, in whole or in part, by you or any person or organization performing J. Who Is An Insured — Unnamed Partnership Or Joint Venture operations on your behalf, and arises out of the ownership, maintenance or 1. The last paragraph of Section II C. Who Is An use of that part of any premises leased Insured is deleted and replaced by the to you under that contract or agreement; following: or No person or organization is an insured with (2) The "bodily injury", "property damage" or respect to the conduct of any current or past "personal and advertising injury" is partnership, joint venture or limited liability caused, in whole or in part, by you or company that is not shown as a Named Insured any person or organization performing in the Declarations. However this limitation does operations on your behalf, and arises not apply to your liability with respect to your out of the maintenance, operation or use conduct of the business of any current or past of equipment leased to you by such partnership or joint venture: additional insured. a. That is not shown as a Named Insured in 2. The insurance provided to such additional in- the Declarations; and sured under this provision is subject to the b. In which you are a member or partner but following: only if: a. The limits of insurance afforded to such (i) Each and every member or partner in additional insured shall be the limits which that joint venture or partnership is not a you agreed to provide in the contract or construction contractor; and agreement, or the limits shown in the Declarations, whichever are less; and (ii) The joint venture or partnership is not providing construction contracting b. The insurance afforded to such additional services. insured does not apply: 2. This provision does not apply to any person or (1) To any "bodily injury" or "property dam- organization for which coverage is excluded by age" that occurs, or "personal and another endorsement to this policy. advertising injury" caused by an offense 3. The insurance provided by this provision shall committed, after you cease to be a be excess over any valid and collectible other tenant in that premises; insurance, whether primary, excess, contingent (2) To any structural alterations, construc- or on any other basis, which is available tion or demolition operations performed covering your liability with respect to your by or on behalf of such additional conduct of the business of any current or past insured; partnership or joint venture that is not shown as a Named Insured in the Declarations and which (3) To any premises for which coverage is is issued to such partnership or joint venture. excluded by another endorsement to K. Additional Insured — Owner, Manager Or Lessor this Coverage Part; Of Premises Or Leased Equipment (4) To any "bodily injury" or "property dam- Section II C. Who Is An Insured is amended to age" that occurs, or "personal and include as an insured: advertising injury" caused by an offense committed, after the equipment lease 1. Any person or organization that you have expires; or agreed in a contract or agreement to include as an additional insured on this policy, but: (5) If the equipment is leased with an operator. a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or 3. This provision does not apply on any basis to "personal and advertising injury" caused by any person or organization for which coverage an offense committed, after you have as an additional insured specifically is added by entered into that contract or agreement; and another endorsement to this policy. PPB 316 11 13 Page 4 of 7 Y1A1nc G'1 A/'lA_nc !_T./T,rrn/wvrrcc/wrfor I /hut, I p/le/7n7A A.c4.2o PM Onm\ c ..f 1G L. Additional Insured — State Or Political is twice the Liability and Medical Expenses Subdivisions — Permits Related To Premises Or limit. Operations The aggregate limit for all "bodily injury" and Section II C. Who Is An Insured is amended to "property damage", medical expenses and include as an insured: "personal and advertising injury" other than 1. Any state or political subdivision that has issued "bodily injury" or "property damage" included in a permit in connection with premises owned or the products-completed operations hazard" occupied by, or rented or loaned to, you, but applies separately to each of your "projects" only with respect to "bodily injury", "property away from premises owned by or occupied by damage", "personal and advertising injury" you or to each of your "locations" owned by or arising out of the existence, ownership, use, occupied by you. maintenance, repair, construction, erection or "Projects" mean an area away from premises removal of advertising signs, awnings, canopies, owned by or rented to you at which you are cellar entrances, coal holes, driveways, man- performing operations pursuant to a contract or holes, marquees, hoist away openings, sidewalk agreement. For the purposes of determining the vaults, elevators, street banners or decorations applicable aggregate limit of insurance, each for which that state or political subdivision has "project" at the same "location" shall be issued such permit. considered a single "project". 2. Any state or political subdivision that has issued For the purposes of this provision, "location" a permit, but only with respect to "bodily injury", means "property damage", "personal and advertising 1. Premises involving the same or connecting injury" arising out of operations performed by lots; you or on your behalf for which that state or political subdivision has issued such permit. 2. Premises where connection is interrupted However, no such state or political subdivision is only by a street, roadway, waterway or right- an insured for: of-way of a railroad; or a. "Bodily injury", "property damage", "personal 3. Premises where operations are performed in and advertising injury" arising out of op- sections, stages or phases as a continuation erations performed for that state or political of the same contract or agreement, even if subdivision; or the premises do not involve connecting lots. b. "Bodily injury" or"property damage" included Subject to Paragraph a. or b. above, whichever within the "products-completed operations applies, the Damage To Premises Rented To hazard". You Limit is the most we will pay for damages because of "property damage" to any one M. General Aggregate Limit — Per Project Or Per premises, while rented to you, or in the case of Location fire; explosion; lightning; smoke resulting from Section II D. Liability And Medical Expenses such fire, explosion or lightning; or water while Limits of Insurance, Paragraph 4. Aggregate rented to you or temporarily occupied by you Limits. is deleted and replaced by the following: with permission of the owner. 4. Aggregate Limits The Limits of Insurance of SECTION II — The most we will pay for: LIABILITY apply separately to each consecutive annual period and to any remaining period of a. All "bodily injury" and "property damage" that less than twelve (12) months, starting with the is included in the "products-completed beginning of the policy period shown in the operations hazard" is twice the Liability and Declarations, unless the policy period is Medical Expenses limit. extended after issuance for an additional period b. All: of less than twelve (12) months. In that case, the additional period will be deemed part of the last (1) "Bodily injury" and "property damage" preceding period for purposes of determining the except damages because of "bodily in- Limits of Insurance. jury" or "property damage" included in the "products-completed operations N. Knowledge And Notice Of Occurrence Or hazard"; Offense (2) Plus medical expenses; The following is added to Section ll E. 2. Liability and Medical Expenses General Conditions, (3) Plus all "personal and advertising injury" Duties In The Event of Occurrence, Offense, caused by offenses committed; Claim Or Suit: PPB 31611 13 Page 5 of 7 n,nco, I n/,n_,c nt/nrrrn/cvr•ccc/mr for L /nvr•\ nnn..o vo.......o, I ahn/,non n.an.,e om 'Dry, I o ne , Notice of an "occurrence" or of an offense which Protective Liability insurance available to an may result in a claim must be given as soon as insured , whether primary, excess, contingent or practicable after knowledge of the "occurrence" or on any other basis, except for the insurance offense has been reported to you, one of your purchased specifically by you to apply in excess "executive officers" (if you are a corporation), one of of the Limits of Insurance shown in the your partners who is an individual (if you are a declarations for this Coverage Part. partnership), one of your managers (if you are a Q. Amended Personal And Advertising Injury limited liability company), one of your trustees who is Definition—Electronic Material an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager 1. The definition of "personal and advertising or administrator) designated by you to give such injury" in Section II F.14.d. Liability And notice. Medical Expenses Definitions is deleted and Knowledge by any other "employee" of an "occur- replaced by the following: rence" or offense does not imply that you also have d. Oral, written or electronic publication, in any such knowledge. manner, of material that slanders or libels a person or organization or disparages a Notice of an "occurrence" or of an offense which person's or organization's goods, products may result in a claim will be deemed to be given as or services; soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation, 2. The definition of "personal and advertising accident, or health insurer. This applies only if you injury" in Section II F.14.e. Liability And subsequently give notice of the "occurrence" or Medical Expenses Definitions is deleted and offense to us as soon as practicable after you, one replaced by the following: of your"executive officers" (if you are a corporation), e. Oral, written or electronic publication, in any one of your partners who is an individual (if you are manner, of material that violates a person's a partnership), one of your managers (if you are a right of privacy; limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" 3. Section II B.1.p.(2) Exclusions for Personal (such as an insurance, loss control or risk manager And Advertising Injury is deleted and replaced or administrator) designated by you to give such by the following: notice discovers that the "occurrence" or offense (2) Arising out of oral, written or electronic may involve this policy. publication of material if done by or at the O. Amended Bodily Injury Definition direction of the insured with knowledge of its falsity; The definition of "bodily injury" in Section II F.3. Liability And Medical Expenses Definitions is 4. Section II B.1.p.(2) Exclusions for Personal deleted and replaced by the following: And Advertising Injury is deleted and replaced by the following: "Bodily injury" means injury to the body, sickness, disease, or death. "Bodily injury" also means mental (3) Arising out of oral, written or electronic pub- injury, mental anguish, emotional distress, pain and lication of material whose first publication suffering, or shock resulting from injury to the body, took place before the beginning of the policy sickness, disease or death of any person. period; P. Amended Insured Contract Definition — R. Unintentional Omission Construction Or Demolition Operations Within The following is added to SECTION III — COMMON 50' Of Railroad POLICY CONDITIONS Paragraph C. Concealment, Misrepresentation Or Fraud (BUT APPLICABLE 1. The definition of "insured contract" in Section II ONLY TO SECTION II—LIABILITY) F.9.c. Liability And Medical Expenses Defi- nitions is deleted and replaced by the following: However as it pertains to Business Liability Cover- age only, the unintentional omission of, or uninten- c. Any easement or license agreement tional error in, any information provided by you 2. The definition of "insured contract" in Section II which we relied upon in issuing this policy shall not F.9.f.(1) Liability And Medical Expenses prejudice your rights under this insurance. This pro- Definitions is deleted. vision does not affect our right to collect additional premium or to exercise our right of cancellation or 3. The insurance provided by this provision shall nonrenewal in accordance with applicable insurance be excess over any valid and collectible Railroad laws or regulations. PPB 31611 13 Page 6 of 7 a,el ncao I e he_oc rn.,nmm�,cvrneertar Inr I Invr\ I a/,e/nnvn e.cn.1a ob, ,nnm, I o=..- a ..c 1e S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations per- Against Others To Us formed by you, or on your behalf, under a SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or Paragraph K.2. Transfer of Rights of Recovery organization; Against Others to Us (BUT APPLICABLE ONLY c. Your"work"; or TO SECTION II — LIABILITY) is deleted and replaced by the following: d. "Your products". 2. Applicable to Business Liability Coverage: We waive these rights only where you have agreed to do so as part of a contract or agree- We waive any rights of recovery we may have ment entered into by you before the "bodily against any person or organization because of injury" or "property damage" occurs or the payments we make for "bodily injury", "property "personal and advertising injury" offense is damage", "personal injury and advertising injury" committed. arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB3161113 Page7of7 tJ,A,nS00 I A/OA_,c !_T./am',/CVCCCCI4Vr/DT. I Inv, T,nnna Cam.,val I C/,A/on,A A.CA.1D DM /0,1, I Oe..a O ..f ,G POLICY NUMBER: PSA0001240 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: KDM Meridian Endorsement Effective Date: 4/1/2024 SCHEDULE Name Of Person(s) Or Organization(s): City of Seal Beach Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage. but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 n,et nce, I e/on_oc c,/nmmnlrvrccc/4,r/or. I ,nvr, I c/,n/,nnn n.cn.10 ow I onm, I Policy Number: PSA0001240 RLI Insurance Company Named Insured. KDM Meridian THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair-Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage - Loss Of Use L. Hired Car-Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition - Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition - Railroad Easement Q. Coverage Extensions -Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 Page 1 of 5 aver neoo I e/oe_oc fly/nrrrn/rrvrrce/Terror. 1 /nv, n......e ce...,...er I one/In-e e.<e.1e ore IDTWT\ I om..e 11 s re This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured of the operations contemplated by such contract. The The following is added to the SECTION II — waiver applies only to the person or organization COVERED AUTOS LIABILITY COVERAGE, Para designated in such contract. graph A.1.Who Is An Insured Provision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1. The following is added to the SECTION II — during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE, percent(50%) or more of the business entity and the Paragraph A.1.Who Is An Insured Provision: business entity is not separately insured for Bus-iness An "employee" of yours is an "insured" while Auto Coverage. Coverage is extended up to a maximum of one hundred eighty(180) days following operating an "auto" hired or rented under a the acquisition or formation of the business entity. contract or agreement in that"employee's"name, with your permission, while performing duties This provision does not apply to any person or related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1.Who Is An Insured Provision: the following are deemed to be covered Any"employee"of yours is an "insured"while using a "autos" you own: covered "auto" you don't own, hire or borrow in your (1) Any covered "auto" you lease, hire, rent business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage form However, any"auto"that is leased, hired, in a contract or agreement that is executed by you rented or borrowed with a driver is not a before the"bodily injury"or"property damage"occurs covered "auto". is an "insured" for liability coverage, but only for F. Fellow Employee Coverage damages to which this insurance applies and only to SECTION II — COVERED AUTOS LIABILITY the extent that person or organization qualifies as an COVERAGE, Exclusion B.5. does not apply if you "insured" under the Who Is An Insured provision have workers compensation insurance in-force contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition of you are required to do so in a contract or agreement the following: that is executed by you before the "bodily injury" or "property damage" occurs. In the event of a total"loss"to a covered"auto"shown in the Schedule of Declarations, we will pay any D. Blanket Waiver Of Subrogation unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, 5. DAMAGE COVERAGE section of the policy; and Transfer Of Rights Of Recovery Against Others To Us: 2. Any: We waive any right of recovery we may have against a. Overdue lease/loan payments at the time of any person or organization to the extent required of the"loss"; you by a contract executed prior to any "accident" or "loss", provided that the"accident" or"loss"arises out PPA 300 03 13 Page 2 of 5 01A111C01 A/,A_7C T`_T/Tirrn/LYl'DCC/Wr/DT /T1//`\ n......a Cem....el I 0/1A/In,A A.0A.10 DM IDnm\ D ..e 11 ..f 10 b. Financial penalties imposed under a lease for (2) An adjustment for depreciation and physical excessive use, abnormal wear and tear or condition will be made in the event of a total high mileage. "loss". c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better d. Costs for extended warranties, Credit Life than like kind or quality,we will not pay for the Insurance, Health, Accident or Disability betterment. Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned e. Carry-over balances from previous loans or auto will apply. leases. (5) This Coverage Extension will not apply to: H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or SECTION III — PHYSICAL DAMAGE COVERAGE, borrowed with a driver; or D. Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or No deductible for a covered "auto" will apply to glass borrowed from your"employee". damage if the glass is repaired rather than replaced. K. Hired Auto Physical Damage—Loss Of Use I. Personal Effects Coverage The following is added to SECTION III — PHYSICAL The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: Extensions: e. We will pay sums which you legally must pay to c. Personal Effects Coverage the lessor of a covered "auto" which you have leased without a driver for thirty (30) days or less In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto", "auto"we will pay up to$400 for"loss"to wearing provided: apparel and other personal effects which are: (1) This insurance provides comprehensive, (1) Owned by an "insured"; and specified causes of loss or collision covered (2) In or on your covered "auto"; on the covered "auto"; No deductible applies to Personal Effects (2) The loss of use results from the covered Coverage. "auto" being damaged in an "accident" while you are leasing it. J. Hired Auto Physical Damage Coverage We will pay up to a maximum limit of$1,500 for The following is added to SECTION III — PHYSICAL this covered extension. DAMAGE COVERAGE, A. Coverage, 4. Coverage L. Hired Car—Worldwide Coverage Extensions: d. Hired Auto Physical Damage Coverage The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage If hired "autos" are covered "autos" for Liability Extensions: Coverage and this policy also provides Physical f. Hired Car—Worldwide Coverage Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to (1) We will pay all sums an"insured"legally must "autos"that you hire, rent or borrow subject to the pay as damages because of"bodily injury"or following: "property damage" to which this insurance (1) The most we will pay for "loss" in any one applies, caused by an "accident" which occurs outside of the United States of "accident" to a hired, rented or borrowed "auto" is the lesser of: America, the territories and possessions of the United States of America, Puerto Rico (a) $60,000 and Canada resulting from the maintenance, or use of any covered "auto" of the private (b) The actual cash value of the damaged or property as of the time of the passenger type you lease, hire, rent or stolenol "; or borrow without a driver for thirty (30) days or less. (c) The cost of repairing or replacing the (2) With respect to any claim made or "suit" damaged or stolen property with other instituted outside the United States of property of like kind and quality. America, the territories and possessions of the United States of America, Puerto Rico, and Canada: PPA 300 03 13 Page 3 of 5 O,Al nco, I A/,A_,C ni intrrn,Cvn9CC Ma /D, ,pvn, n......a vem,.vnl I 0/,A/,!„A A.CA.oO DM ion., I Da..n 11 ..F 10 (a) You shall undertake the investigation, M. Temporary Transportation Expenses settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE, and "suits" and keep us advised of all proceedings and actions. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (b) You will not make any settlement without by the following: our consent. a. Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of $1,500 for (i) For the amount of damages be- temporary transportation expense incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of"bodily injury"or covered "auto". "property damage" to which this insurance applies, and (2) We will pay only for those covered "autos"for (ii) For all reasonable expenses incurred which you carry Comprehensive, Colli-sion or Specified Case of Loss Coverage. with our consent in connection with the investigation, settlement or (3) We will pay only for those expenses incurred defense of such claims or "suits". by you during the period of time that begins Reimbursement for expenses will be twenty-four (24) hours after the covered part of the Limit of Insurance for "loss"and ends at the time when the covered liability coverage shown in the "auto" can be reasonable repaired or Business Auto Coverage replaced. Declarations, and not in addition to (4) This coverage does not apply while there are such limits. spare or reserve "autos" available to you for (3) The limit of Insurance for Liability Coverage your operations. shown in the Business Auto Coverage Declarations is the most we will reimburse N. Amended Bodily Injury Definition — Mental you for the sum of all damages imposed on Anguish you, as set forth in paragraph 2.c.above, and The following is added to SECTION V — all expenses incurred by you arising out of DEFINITIONS, Definition C.: any single "accident" or"loss". "Bodily injury" also includes mental anguish, but only (4) You must maintain the greater of the follow- when the mental anguish arises from other bodily ing primary auto liability insurance limits: injury, sickness or disease. (a) Compulsory admitted insurance with O. Airbag Coverage limits required to be in force to satisfy the legal requirements of the jurisdiction The following is added to SECTION III — PHYSICAL where the accident occurs; or DAMAGE COVERAGE B. Exclusions 3.a.: (b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an airbag due to mechanical or electrical insurer licensed or permitted by law to do breakdown. business in the jurisdiction where the "accident" occurs; or P. Amended Insured Contract Definition — Railroad Easement (c) Auto liability insurance limits of at least $300,000 combined single limit or SECTION V — DEFINITIONS paragraph H. "Insured $100,000 per person/$300,000 per acci- contact" is modified as follows: dent Bodily Injury, $100,000 Property 1. Paragraph H.3. is replaced by the following: Damage. If you fail to comply with the above, this 3. Any easement or license agreement. insurance is not invalidated. However, in the 2. Paragraph H.6.a. is deleted. event of a"loss",we will pay only to the extent that we would have been liable had you so Q. Coverage Extensions — Audio, Visual And Data complied. Electronic Equipment Not Designed Solely For The Production Of Sound (5) The insurance provided by this coverage extension is excess over any other collec- SECTION III—PHYSICAL DAMAGE COVERAGE B. tible insurance available to you whether on a Exclusions, exception paragraph a.to exclusion 4.c. primary, excess contingent or any other and 4.d. is deleted and replaced with the following: basis. PPA 300 03 13 Page 4 of 5 O,A,nCo, I A/,A_,S fl♦/Tn„n/.vcrcc/IAn/Di ,n1r, n......a rU,...,,.n, I 0/,A„n,A A.GA.10 DM ,Onm1 I Dn..a ,A ..F ,0 a. Equipment and accessories used with such (2) A partner if you are a partnership; or equipment, except for tapes, records, discs or (3) An executive officer or insurance manager, if other electronic media device, provided such equipment is permanently installed in the covered you are a corporation. "auto" at the time of the "loss" or is removable S. Unintentional Errors Or Omissions from the housing unit which is permanently SECTION IV— BUSINESS AUTO CONDITIONS, B. installed in the covered "auto" at the time of the General Conditions; 2. Concealment Misrepre- "loss", and such equipment is designed to be sentation Or Fraud is amended by adding the solely operated by use of the power from the following: "autos" electrical system, in or upon the covered "autos"; or The unintentional omission of, or unintentional error R. Notice Of And Knowledge Of Occurrence in, any information given by you shall not prejudice your rights under this insurance. However this pro- SECTION IV — BUSINESS AUTO CONDITIONS, vision does not affect our right to collect additional A.2. Duties In The Event Of Accident, Claim Suit premium or exercise our right of cancellation or Or Loss, subparagraph a. is deleted and replaced nonrenewal. with the following: T. Towing Coverage a. In the event of "accident", claim, "suit" or "loss", SECTION III — PHYSICAL DAMAGE COVERAGE, you must give us or our authorized repre- A.2. Towing, is deleted and replaced by the sentative prompt notice of the"accident" or"loss" following: including: (1) How, when and where the"accident"or"loss" 2. We will pay up to $750 for towing and labor costs occurred; incurred each time a covered "auto" is disabled due to a covered cause of loss. However: (2) The"insured's" name and address; and a. All labor must be performed at the place of (3) To the extent possible, the names and disablement; and addresses of any injured person and witnesses. b. If the covered auto is a private passenger type no deductible applies; and Your duty to give us or our authorized c. If the covered auto is not of the private representative prompt notice of the "accident" or passenger type our obligation to pay will be "loss"applies only when the"accident"or"loss" is reduced by a $250 deductible per known to: disablement. (1) You, if you are an individual; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300 03 13 Page 5 of 5 aln.ncao A nr/nrrrn/rvrrcc/tar for taw, I o/.n/onon n.cn.10 OM .onn, rc ..£ ra Policy Number: PSE0001316 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit— Per Project Or Per Location B. Additional Insured —Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per (3) premises where operations are performed in Location sections, stages or phases as a continuation Paragraph 2.a. of C. Limits of Liability of SECTION of the same contract or agreement, even if I — INSURING AGREEMENT is deleted and the premises do not involve connecting lots. replaced by the following: B. Additional Insured—Primary/Non-contributory a. The limit of liability stated in the Declarations as Paragraph K. Other Insurance of SECTION IV — general aggregate is the most we will pay during CONDITIONS is deleted and replaced by the each policy period for all ultimate net loss, following: except ultimate net loss because of: K. Other Insurance (1) injury and damage included in the products If other insurance, whether collectible or not, is completed operations hazard or, available to the insured covering a loss also (2) any coverage included in underlying covered by this policy, the insurance afforded by insurance to which no underlying aggregate this policy shall be in excess of, and shall not applies. contribute with, such other insurance. However, The general aggregate applies separately to if the underlying insurance provides coverage each of your "projects" away from premises to an additional insured on a primary basis, or a owned by or occupied by you or to each of your primary and non-contributory basis, this insu locations owned by or occupied by you. ance shall be available to such additional insured on an excess basis over the underlying "Projects" mean an area away from premises insurance. We will not share with other owned by or rented to you at which you are insurance which covers such additional insured performing operations pursuant to a contract or as a named insured. agreement. For the purposes of determining the C. Waiver Of Transfer Of Rights Of Recovery applicable aggregate limit of insurance, each Against Others To Us "project" at the same "location" shall be considered a single"project". Paragraph L. Subrogation of SECTION IV — For the purposes of this provision, "location" CONDITIONS is deleted and replaced by the means following: (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or PPU 304 06 10 Page 1 of 2 L. Subrogation Any amount recovered through subrogation or In the event of any payment under this policy, the otherwise shall be apportioned in the inverse order insured must notify us of any of the insured's rights of payment of the claim or claims involved to the of recovery against any person or organization. We extent of actual payment thereof by all interests. The shall be subrogated to all such rights. The expenses of all such recoveries and proceedings in connection therewith shall be apportioned in the insured shall execute and deliver instruments ratio of respective recoveries. With respect to and papers and do whatever else is necessary to secure such rights. The insured shall do nothing proceedings conducted solely by us, if there is no after loss to prejudice such rights. However we recovery, we will bear the expense thereof. If there waive any rights of recovery we may have is a recovery, we shall be reimbursed in full from against any person or organization if the such recovery for the amount of all expenses underlying insurance also waives such rights. incurred by us before apportionment of such recovery as herein provided. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 304 06 10 Page 2 of 2 al Al nGO7 I A/1A_7S I_T/IR11Tr/tvrwcc/1.1rfor I 1111/rl I p/1A/7n7A A.SA.iQ OM IDnTI ..i 1p WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Seal Beach Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/1/2024 Policy No.PSW0001389 Endorsement No. Insured Insurance Company KDM Meridian RLI Insurance Company Countersigned By 01998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. Oin,nCOv n/9n_,R CT hymn/cvrccc/rur/o. I (nVr\ n......a co.......o, C/1,1,n,, n.cu.10 oM 'on. , I oa..o ,G ..c iu