21-0924_KDM MERIDIAN, INC._Letter Agreement61147.02100\24471675.4
Updated March 2019 1
September 24, 2021
Richard Maher
President, KDM Meridian Inc.
22541 Aspan Street, Suite C
Lake Forest, CA 92630
Dear Mr. Maher:
Letter Agreement for Survey Services
For Trabuco Creek Road and Rosenbaum Road in the City of San Juan Capistrano
This letter shall be our Agreement (“Letter Agreement”) regarding the land survey services
described below (“Services”) to be provided by KDM Meridian Inc., a California Corporation,
(“Consultant”) as an independent contractor to the City of San Juan Capistrano (the “City”) for
the City’s Record of Survey for Trabuco Creek Road and Rosenbaum Road (“Project”).
Consultant is retained as independent contractor and is not an employee of the City. City and
Consultant are sometimes referred to herein as “Party” or “Parties.”
The Services to be provided include the following: Boundary survey, aerial topographic
mapping, and preparation of a record of survey for Trabuco Creek Road and Rosenbaum Road.
The Services to be provided are more particularly described in the Scope of Services attached
hereto as Exhibit “A” and are incorporated herein by reference. The term of this Letter
Agreement shall be from the date last signed on page 6 of this Agreement to June 30, 2022.
Services on the Project shall begin immediately and shall be completed within the term of this
Letter Agreement, unless extended by the City in writing.
Consultant shall perform all Services under this Letter Agreement in a skillful and competent
manner, consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California, and consistent with all applicable laws.
Consultant represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including any required business license, and that such licenses and approvals shall be maintained
throughout the term of this Letter Agreement.
Consultant has represented to the City that certain key personnel will perform and coordinate the
Services under this Letter Agreement. Should one or more of such personnel become
unavailable, Consultant may substitute other personnel of equal competence upon written
approval of the City. If the City and Consultant cannot agree as to the substitution of key
personnel, then the City shall be entitled to terminate this Letter Agreement for cause. The key
personnel for performance of this Letter Agreement are as follows: Richard C. Maher, President
Compensation shall be based on the Consultant’s Proposal attached hereto as Exhibit “A” and
incorporated herein by reference. The total compensation shall not exceed $44,855.00 without
written approval of the City Manager. Consultant’s invoices shall include a detailed description
of the Services performed. Invoices shall be submitted to the City monthly as performance of
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September 24, 2021
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the Services progresses. The City shall review and pay the approved charges on such invoices in
a timely manner.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the
performance of other requirements on “public works” and “maintenance” projects.If the
Services are being performed as part of an applicable “public works” or “maintenance” project,
as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more,
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement
of this Letter Agreement upon request. Consultant shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Consultant’s principal
place of business and at the project site. Consultant shall defend, indemnify, and hold the City,
its officials, officers, employees, and agents free and harmless from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be
mandatory upon the Consultant and all subconsultants to comply with all California Labor Code
provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771,
1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and
1815) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The
requirement to submit certified payroll records directly to the Labor Commissioner under Labor
Code section 1771.4 shall not apply to work performed on a public works project that is exempt
pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the Services are being performed as part of an applicable “public works” or “maintenance”
project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all
subconsultants performing such Services must be registered with the Department of Industrial
Relations, and Consultant shall maintain registration for the duration of the Project and require
the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor
registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.
This Project may also be subject to compliance monitoring and enforcement by the Department
of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable
registration and labor compliance requirements. Any stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance
of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out
of or resulting from such stop orders shall be considered Consultant caused delay and shall not
be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials,
officers, employees, and agents free and harmless from any claim or liability arising out of stop
orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
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61147.02100\24471675.4 3
Consultant shall provide proof of: A. Commercial General Liability Insurance, of at least
$2,000,000 per occurrence/$3,000,000 aggregate for bodily injury, personal injury and property
damage, at least as broad as Insurance Services Office Commercial General Liability most recent
Occurrence Form CG 00 01; B. Automobile Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned and hired vehicles, of at least $2,000,000 per
occurrence for bodily injury and property damage, at least as broad as most recent Insurance
Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C.
Workers’ Compensation in compliance with applicable statutory requirements and Employer's
Liability Coverage of at least $2,000,000 per occurrence; and D. Consultants providing
professional services shall provide Professional Liability (Errors and Omissions) Insurance of at
least $1,000,000. Insurance carriers shall be licensed to do business in California and maintain an
agent for process within the state. Such insurance carrier shall have not less than an "A-:VII"
rating according to the latest Best Key Rating unless otherwise approved by the City. The City,
its officials, officers, employees, agents, and authorized volunteers shall be named as Additional
Insureds on Consultant’s policies of Commercial General Liability and Automobile Liability
insurance and such coverage provided to the City as an Additional Insured shall apply on a
primary and non-contributory basis. Waiver of subrogation endorsements in favor of the City
shall be provided on Consultant’s policies of Commercial General Liability, Automobile
Liability and Workers’ Compensation/Employer’s Liability insurance.
The City may terminate this Letter Agreement at any time with or without cause. If the City
finds it necessary to terminate this Letter Agreement without cause before Project completion,
Consultant shall be entitled to be paid in full for those Services adequately completed prior to the
notification of termination. Consultant may terminate this Letter Agreement only upon 30
calendar days’ written notice to the City only in the event of City’s failure to perform in
accordance with the terms of this Letter Agreement through no fault of Consultant.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City ’s choosing),
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury of any kind, in law or equity, to property or persons, including wrongful death,
in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful
misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Consultant’s services, the Project or this Letter
Agreement, including without limitation the payment of all damages, expert witness fees and
attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s
performance of “design professional”services (as that term is defined under Civil Code section
2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
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61147.02100\24471675.4 4
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed
the Consultant’s proportionate percentage of fault.
Consultant shall keep itself fully informed of and in compliance with all local, state and federal
laws, rules and regulations in any manner affecting the performance of the Project or the
Services, including all Cal/OSHA requirements; all emissions limits and permitting requirements
imposed by the California Air Resources Board (CARB) or other governmental agencies; and all
water quality laws, rules and regulations of the Environmental Protection Agency, the State
Water Resources Control Board and the City.
By executing this Letter Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time. Consultant shall maintain records of its
compliance, including its verification of each employee, and shall make them available to the
City or its representatives for inspection and copy at any time during normal business hours. The
City shall not be responsible for any costs or expenses related to Consultant’s compliance with
the requirements. To the same extent and under the same conditions as Consultant, Consultant
shall require all its subcontractors, sub-subcontractors and consultants performing any work
relating to the Project or this Letter Agreement to make the same verifications and comply with
all requirements and restrictions provided herein. Consultant's failure to comply or any material
misrepresentations or omissions relating thereto shall be grounds for terminating this Letter
Agreement for cause.
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700
of the California 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 agrees to comply with such provisions before commencing the performance of the
Services. Finally, Consultant represents that it is an equal opportunity employer, and it shall not
discriminate against any subcontractor, employee, or applicant for employment in violation of
state or federal law. As provided for in the indemnity obligations of this Letter Agreement,
Consultant shall indemnify City against any alleged violations of this paragraph, including, but
not limited to, any fines or penalties imposed by any governmental agency.
This Letter Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall
be brought in a state or federal court situated in Orange County, State of California. In addition
to any and all contract requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Consultant must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to
filing any lawsuit against the 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 extra work, 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
9/28/21
KDM P2106-03v3
September 1, 2021
Steve May
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Record of Survey for
Trabuco Creek Road and Rosenbaum Road in San Juan Capistrano
Dear Steve,
KDM Meridian appreciates this opportunity to provide the City of San Juan Capistrano with this
proposal for survey work. The following is our project understanding, project approach, scope of
work, notes-assumptions-exclusions, estimated schedule, and fees.
Project Understanding
The City of San Juan Capistrano (the City) is seeking proposals for the preparation of a record of
survey and basic relation to horizontal locations of improvements within the right-of-way areas of
Trabuco Creek Road and Rosenbaum Road.
Trabuco Creek Road and Rosenbaum Road are somewhat conjoined dedicated road easements
created by various dedications over time.
The City is requesting a proposed scope of work, approach to the work, hourly rates, an estimated
time to first submittal to the County Surveyor, and an order-of-magnitude of expected costs. The
scope of work includes the consultant obtaining all necessary maps, and documents, with the City
providing preliminary title reports.
The proposed survey work is not related to any planned work of improvement or construction by the
City.
Project Approach
Search coordinates will be generated for all record monuments deemed necessary for the location of
the rights-of-way of Trabuco Creek Road and Rosenbaum Road. A color ortho-corrected photograph
georeferenced to the project work will be generated to show the relation to horizontal locations of
improvements within the right-of-way areas of Trabuco Creek Road and Rosenbaum Road. This
Design-level aerial photogrammetric mapping may be undertaken as a separate optional addition to
this base scope and fee for use in precise determination of encroachment limits for preparation of
legal descriptions and exhibits.
KDM Meridian will meet with the County of Orange Survey Office to discuss this project prior to the
initiation of significant field efforts. The extent of the survey, the controlling monuments intended to
be utilized, and the methodology and process will be discussed to facilitate the best submittal and
processing.
A thorough search will be made for monuments that exist and are of record which impact the
establishment of the centerline and rights-of way of Trabuco Creek Road and Rosenbaum Road.
Exhibit "A", Page 1 of 6
EXHIBIT "A"
City of San Juan Capistrano 2 of 3
Trabuco Creek Road and Rosenbaum Road in San Juan Capistrano KDM P2106-03v3
KDM P2106-03v3
Conventional survey methods for shorter distances will be coupled with GPS observations to produce
an accurate relationship and location of found monuments. All survey work will be reduced and
analyzed in a least squares adjustment software to eliminate errors and blunders while statistically
handling random measurement errors for accurate results and statistically reliable positional
tolerances (certainty estimates).
Final surveyed monument locations will be compared to record maps and documents to generate and
establish the position of record centerlines and rights-of-way using sound boundary establishment
techniques. Coordination will be had as necessary with the County Surveyor Office to discuss findings
and strategize solutions.
A record of survey showing the establishment of rights-of-way of Trabuco Creek Road and
Rosenbaum Road will be prepared and submitted to the County of Orange Survey Office for review.
Corrections and reasonable requests or comments will be accommodated with subsequent submittals
made to obtain approval and filing.
Scope of Work
1. Preliminary Title Reports, Research, Calculations
a. Request City to order 17 preliminary title reports.
b. Perform thorough research including items indicated in preliminary title reports.
c. Prepare record centerline and right-of-way lines for search coordinates.
2. Monument Recovery and Survey Adjustments
a. Meet with County Surveyor Office.
b. Perform conventional and GPS surveys to locate and collect controlling monuments and
aerial targets for UAS collection.
c. Reduce surveys and perform least squares adjustment.
3. Record of Survey
a. Prepare the record of survey and meet with County Surveyor Office to discuss
establishment.
b. Provide the ortho-corrected imagery georeferenced to survey for centerline and right-of-way
overlay.
c. Review comments and provide additional submittals through approval and filing.
4. Aerial Mapping (Optional)
a. Set aerial targeting (see attachment for limits and targets).
b. Survey targets and key centerline monuments.
c. Generate 1” = 40’ scale planimetric aerial mapping
Notes, Assumptions, and Exclusions
1. The City has described that the proposed survey work is not related to any planned work of
improvement or construction by the City. Pursuant to the definition of Public Works per California
Labor Code, Division 2, Part 7, Chapter 1, Article 1, Section 1720, it is understood that the City
does not consider this project a “Public Works” and will not be registering it as a Public Works
Exhibit "A", Page 2 of 6
City of San Juan Capistrano 3 of 3
Trabuco Creek Road and Rosenbaum Road in San Juan Capistrano KDM P2106-03v3
KDM P2106-03v3
Project Award, not request a DIR number, nor require the payment of prevailing wage under any
of its own local ordinances.
Estimated Sequential Schedule
1. Preliminary Title Reports, Research, Calculations 2-3 Weeks
2. Monument Recovery and Survey Adjustments 2-3 Weeks
3. Record of Survey 2-3 Weeks (1st Submittal)
4. Aerial Mapping (Optional) 2-3 Weeks
Fees (Estimate)
See attached Fee Estimate Matrix
Items 1-3 $44,855
Item 4 (Optional at a later date) $12,435
Thank you for this opportunity to provide surveying services to the City of San Juan Capistrano.
Please contact our office if you have any questions.
Sincerely,
Richard Maher, PLS
President
Attached: Aerial Control and Limits / Fee Estimate Matrix / KDM 2021 Fee Schedule
Exhibit "A", Page 3 of 6
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PC20187 Rosenbaum Rd SJC
187 40 sc plan only
Project No: PC20187
Client name: KDM Meridian
Plot scale: 1/7200
Camera type: RC-30
Focal Length: 153.47mm
Photo scale: 1/3360
Forward overlap: 60%
Total lines: 1
Total models: 4
Total photos: 5
Film type: Color
Pilot: C. Lung
Navigator: S. Young
Airplane: 70595
Date planned: 6/30/2021
Exhibit "A", Page 4 of 6
Survey Project Survey Field Crew ClericalManager SurveyorTechnician 2 Person Aide$200 $185 $150 $250 $851.0 5 72 0 0 $0 $11,725A. Process preliminary title reports 2 40 $6,370B. Perform thorough research 1 16 $2,585C. Prepare record centerline and right-of-way lines 2 16 $2,7702.2 10 16 62 0 $500 $20,650A. Meet with County Surveyor Office 2 2 $770B. Perform conventional and GPS surveys 4 62 $16,240C. Reduce surveys 4 16 $500 $3,6403.6 48 16 0 0 $0 $12,480A. Prepare the record of survey 4 40 $8,200B. Review comments and provide additional submittals 2 8 16 $4,2804.3 10 14 16 0 $3,885 $12,435A. Set aerial targeting 1 2 2 8 $2,870B. Survey targets and key centerline monuments 1 2 4 8 $3,170C. Generate 1” = 40’ scale planimetric aerial mapping 4 $3,885 $4,625D. Deliverables 1 2 8 $1,77011 73 118 78 0 $4,385 $57,290Direct ExpensesTotalsP2106-03v3Trabuco Creek Road and Rosenbaum RoadPreliminary Title Reports, Research, CalculationsMonument Recovery and Survey AdjustmentsTotalRecord of SurveyAerial Mapping and Topographic Base MapFee Estimate Matrix
Exhibit "A", Page 5 of 6
FEE SCHEDULE (2021)
PROFESSIONAL SERVICES: HOURLY RATE:
Principal $215.00
Project Manager $200.00
Project Surveyor $185.00
Survey Technician/Drafter $150.00
Clerical/Administration/Technical Aide $ 85.00
Expert Witness (4-hour minimum) $400.00
Survey Crew (1-person) $175.00
Survey Crew (2 persons) $250.00
Survey Crew (3 persons) $350.00
REIMBURSABLES: RATE:
Rental of Special Equipment or Special Supplies Cost + 5%
Subconsultants Cost + 5%
Agency Fees Actual Cost
Airfare Cost + 5%
Per Diem (Meals & Lodging) GSA Published Rates
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.
Exhibit "A", Page 6 of 6