On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
I. Compensation/Payment Schedule
Per the City’s RFP, HR Green has provided this information under a separate cover.
The remainder of this page left intentionally blank.
On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
J. Non-Collusion Affidavit
City of Laguna Hills
RFP ON-CALL CIVIL ENGINEERING CONSULTING SERVICES
21 1407008.1
ATTACHMENT 1
NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:
1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.
2. This Proposal is genuine and not collusive or sham.
3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.
4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Laguna Hills or of anyone interested in the proposed contract.
5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.
6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.
8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this ______ day of ______, 2024, at ________________, California.
________________________________
Signature of Authorized Representative
________________________________ __________________________________ Name of Authorized Representative Title of Authorized Representative 11th
July Corona
Timothy Hartnett President, Governmental Services
On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
K. Certificate of Insurance
City of Laguna Hills
RFP ON-CALL CIVIL ENGINEERING CONSULTING SERVICES
22 1407008.1
ATTACHMENT 2
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE
WITH INSURANCE REQUIREMENTS FOR
AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Attachment 4) and hereby accepts all conditions and requirements as contained therein.
Consultant:
Name (Please Print or Type)
By:
Consultant’s Signature & Title
Date:
This executed form must be submitted with proposal.
HR Green Pacific, Inc.
President, Governmental Services
July 11, 2024
On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
L. Certification of Proposal
City of Laguna Hills
RFP ON-CALL CIVIL ENGINEERING CONSULTING SERVICES
23 1407008.1
ATTACHMENT 3
CERTIFICATION OF PROPOSAL
TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:
A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
D) Proposer does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition; E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City;
On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
City of Laguna Hills
RFP ON-CALL CIVIL ENGINEERING CONSULTING SERVICES
24 1407008.1
H) The proposal response includes all of the commentary, figures and data required by this Request for Proposal.
I) The proposal shall be valid for 180 days from May 29, 2024.
I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.
Executed this ______ day of ______, 2024, at ________________, California.
Name of Proposer:
By:
(Authorized Signature)
Type Name:
Title:
Date:
11th July Corona
HR Green Pacific, Inc.
Timothy Hartnett
President, Governmental Services
July 11, 2024
July 11, 2024
HRGREEN.COM
AUGUST 1, 2024
On-Call Civil Engineering, Project Management,
and Support Services
SCHEDULE OF COMPENSATION/FEES FOR
City of Laguna Hills
Steve Loriso, PE, QSD/QSP
1260 Corona Pointe Court | Suite 305
Corona, CA 92879-5013
Direct 951.475.3619 + Mobile 909.630.2577
[email protected]
On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
1. Hourly Rate Schedules
Public Works and Capital Improvement Inspection and
Construction Management
HR GREEN PACIFIC, INC. FEE SCHEDULE
Personnel Classification Hourly Billing Rate Prevailing Wage Overtime Project Manager / Resident Engineer $225 $270
Construction Inspector $185 $230
Construction Inspector $140 $195
Notes:
1. Other classifications are available based on the needs of the agency.
2. All general engineering tasks will be negotiated on a case-by-case basis using the hourly rates provided for personnel assigned to the contract.
Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.
Prevailing Wage: Please note that for prevailing wage projects the total project cost can be higher than HR Green would otherwise charge. For prevailing wage projects, the billing rates for straight time will be as shown above in compliance with California law. Overtime, weekend, holiday, and other special pay rates defined by the State of California Department of Industrial Relations Group II “Construction Inspector and Field Soils and Materials Tester” will be multiples of the straight hourly rates shown.
Overtime and Saturday work will be billed at 1.5 times that shown above. Sunday and State Holidays will be billed at 2.0 times that shown above.
The rates provided are based on the prevailing wage determination at the time of the proposal. In years marked with a double asterisk (**) by the Department of Industrial Relations, the rates will be adjusted on the effective dates established by the State and pursuant to the pre-determined escalation rates.
1. As no specific project is included in the scope of work, project costs will be negotiated on a per-project basis.
2. Daily vehicle rate will be charged at $85/day.
3. The rates for prevailing wage staff will be adjusted during the duration of the project as applicable. Our hourly fees/rates shall remain effective through December 31, 2024, and may be adjusted annually thereafter as per the Professional Services Agreement with the City of Laguna Hills.
Notes:
1. Other classifications are available based upon the needs of the agency.
2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.
Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.
Prevailing Wage: Please note that for prevailing wage projects the total project cost can be higher than HR Green would otherwise charge. For prevailing wage projects, the billing rates for straight time will be as shown above in compliance with California law. Overtime, weekend, holiday, and other special pay rates defined by the State of California Department of Industrial Relations Group II “Construction Inspector and Field Soils and Materials Tester” will be multiples of the straight hourly rates shown. Overtime and Saturday work will be billed at 1.5 times that shown above. Sunday and State Holidays will be billed at 2.0 times that shown above.
The rates provided are based on the prevailing wage determination at the time of the proposal. In years marked with a double asterisk (**) by the Department of Industrial Relations, the rates will be adjusted on the effective dates established by the State and pursuant to the pre-determined escalation rates.
1. As no specific project is included in the scope of work, project costs will be negotiated on a per-project basis.
2. Daily vehicle rate will be charted at $85/day.
3. The rates for prevailing wage staff will be adjusted during the duration of the project as applicable. Our hourly fees/rates shall remain effective through August 31, 2026, and may be adjusted annually thereafter as per the Professional Services Agreement with the City of Laguna Hills.
On-Call Civil Engineering, Project Management, and Support Services PageZ City of Laguna Hills | 4 of 13
Land Development
Improvement Plan Checking
HR GREEN PACIFIC, INC. FEE SCHEDULE
Personnel Classification Hourly Billing Rate
Principal-in-Charge $360
Program Manager $290
Project Manager $250
QA/QC Manager $260
Municipal Services Manager $225
Civil Plan Check Manager $290
Senior Professional Engineer $260
Traffic Engineer $275
Professional Engineer $225
Associate Engineer $190
Assistant Engineer $145
Environmental Associate (NPDES) $190
Senior Civil Plan Checker $230
Civil Plan Checker $210
Public Works Technician $115
CASp Reviewer/Inspector $180
Structural Plan Review Engineer $250
Management Analyst $140
Permit Technician $115
Administrative Assistant $100
Notes:
1. Other classifications are available based upon the needs of the agency.
2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.
Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.
Engineering and Map Plan Check
Notes:
1. Other classifications are available based upon the needs of the agency.
2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.
Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.
On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
Engineering and Map Plan Check
Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus 15% for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Subconsultants and other outside services, if needed. c. Mileage and vehicle costs directly related to agency services.
Our hourly fees shall remain effective through August 31, 2026 and may be adjusted annually thereafter as per the Professional Services Agreement with the City of Laguna Hills.
On-Call Civil Engineering, Project Management, and Support Services Z City of Laguna Hills
Civil Engineering Design Services
Page | 2 of 13
HR GREEN PACIFIC, INC. FEE SCHEDULE
Personnel Classification Hourly Billing Rate
Principal-in-Charge $360
Program Manager $290
Project Manager $250
QA/QC Manager $260
Municipal Services Manager $225
Senior Professional Engineer $260
Traffic Engineer $275
Project Engineer II $190
Project Engineer I $175
Staff Engineer II $145
Staff Engineer I $120
Public Works Technician $115
Project Designer $185
CAD Technician $150
Administrative Assistant $100
Notes:
1. Other classifications are available based upon the needs of the agency.
2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.
Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.
Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus 10% for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work.
b. Subconsultants and other outside services, if needed.
Our hourly fees/rates shall remain effective through December 31, 2024 and may be adjusted annually thereafter as per the Professional Services Agreement with the City of Laguna Hills.
Notes:
1. Other classifications are available based upon the needs of the agency.
2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.
Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.
Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus 15% for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Subconsultants and other outside services, if needed. c. Mileage and vehicle costs directly related to agency services.
HRGREEN.COM
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PROFESSIONAL SERVICES AGREEMENT
Hunsaker & Associates Irvine, Inc.
On-Call Civil Engineering Consulting Services
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of September 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and HUNSAKER & ASSOCIATES IRVINE, INC., a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the professional services of a qualified licensed civil engineering firm to provide as-needed civil engineering consulting services, including public works engineering, project management, capital improvement project delivery, engineering plan review, as well to provide the City with other as-needed engineering, project management and support services, that may be required on an on-call basis (the “Project”).
B. In response to City’s Request for Proposals (RFP), dated May 2, 2024, Consultant has submitted to City a proposal, dated July 11, 2024, to provide the City with professional civil engineering consulting services for the Project pursuant to the terms and conditions of this Agreement.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide the professional civil engineering consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, certification, specialized equipment, or technical expertise necessary to perform the work and services contracted for herein.
D. City desires to retain Consultant to provide such professional civil engineering consulting services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional civil engineering consulting services for the Project as set forth in the Proposal/Scope of Work, dated July 11, 2024, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a
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material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Consultant represents that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated July 11, 2024 submitted to the City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal/Scope of Work is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. 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 Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its
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elected and appointed officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Annual Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
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2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum annual contract amount One Hundred Fifty Thousand Dollars ($150,000.00) (hereinafter referred to as the "Maximum Annual Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”.
The Maximum Annual Contract Amount shall include the attendance of Consultant at all Project meetings deemed reasonably necessary by the City. Consultant shall not be entitled to any increase in the Maximum Annual Contract Amount for attending these meetings. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section
4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from September 1, 2024 through August 31, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.
Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of June of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not
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included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.
When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on September 1, 2024 and ending on August 31, 2029 ("Initial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term under the same terms and conditions (“Renewal Option”).
3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a
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task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Doug Staley, PE, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
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A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement as required by law and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility & Indemnification.
A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
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B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.
Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall
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obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.
1. Intentionally omitted.
2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or
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Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
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5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum 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. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of
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the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
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recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
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7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City
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shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
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9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in
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the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Consultant: Hunsaker & Associates Irvine, Inc.
Attention: Doug Staley, PE, President
3 Hughes
Irvine, California 92618
Telephone: (949) 583-1010
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
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Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.9 Labor Code Requirements.
A. Prevailing Wages. 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 rates and the performance of other requirements on "public works" and "maintenance" projects. If the Work or 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 Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
CITY OF LAGUNA HILLS,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
ATTEST:
(SEAL)
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“CONSULTANT”
HUNSAKER & ASSOCIATES IRVINE,
INC., a California corporation
By:
DOUG STALEY,
President
By:
KRIS WEBBER,
Secretary
1836871.1
4872-0204-6167, v. 1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
ON-CALL CIVIL ENGINEERING CONSULTING SERVICES
DATED: JULY 11, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
Prepared for:
Attn: Mr. Joe Ames, P.E., T.E. Public Works Director/City Engineer
CITY OF LAGUNA HILLS
24035 El Toro Road
Laguna Hills, CA 92653
(949) 707-2651
Crown Valley Park Modifications Tier 2, Laguna Niguel, CA Date: July 11, 2024
Prepared By:
HUNSAKER & ASSOCIATES IRVINE, INC.
3 Hughes, Irvine, CA 92618
Contact Info:
Mr. Doug Staley, PE
949.583.1010 | [email protected]
PROPOSAL
For On-Call Civil Engineering, Project Management, and
Support Services
On-Call Civil Engineering Consulting Services
ORIGINAL
Cover Letter, Page 1
July 11, 2024
Mr. Joe Ames, City Engineer
CITY OF LAGUNA HILLS
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Proposal for On-Call Civil Engineering, Project Management and Support Services (CIVIL ENGINEERING DESIGN SERVICES ONLY)
Dear Mr. Ames:
Hunsaker & Associates Irvine, Inc. (H&A) is pleased to submit this proposal to provide On-Call Civil Engineering, Project Management and Support Services for the City of Laguna Hills. H&A was established as a California Corporation in 1976. Our company is a full-service civil engineering, surveying, and planning firm. We have offices in Irvine and Riverside with a combined staff of over 200 employees.
Hunsaker’s headquarters is located in Irvine (approximately 130 employees), we have a branch office in the City of Riverside (approximately 20 employees), and a field staff of approximately 50 employees.
The firm remains a closely held corporation with five principals having authorization to bind the firm to contracts (Doug Staley, Kamal Karam, Fred Graylee, Joe Wightman and Bradley Hay). All are Southern California residents and active project managers, and each has over 30 years of experience in their discipline.
Hunsaker offers the following categories of services to public agencies and private clients:
Engineering Services: Since 1976, H&A has worked with both public and private sector clients to design local streets and arterial roadways, drainage systems, WQMPs and treatment facilities, flood control channels, water and wastewater systems, and other backbone infrastructure for numerous projects throughout Southern California. We provide concise, cost effective, and accurate designs.
Land Surveying and Mapping Services: Our survey group provides a comprehensive range of stateof-the-art surveying for our clients, combining traditional surveying techniques with advanced surveying technology. In the office, H&A is staffed with licensed surveyors who have extensive experience with preparation and interpretation of legal descriptions and mapping procedures. Our 21 field crews are fully equipped with sophisticated survey instruments, and each is led by a certified party chief.
Planning Services: H&A staff can create specific plans; civil support; urban design; master plans; re-use and redevelopment planning; site/land use planning; community planning; general plans; land subdivision tentative mapping, entitlement-to-use processing; regulatory permits; and public information program.
Mr. Joe Ames, City Engineer
CITY OF LAGUNA HILLS
July 11, 2024
Cover Letter, Page 2
If special skills not available from H&A personnel are needed for an assignment, we will augment our inhouse staff with highly qualified firms that are well-known experts in their fields. The following firms will be part of the H&A team if necessary:
NUVIS – Landscape Architecture (DBE firm)
AGA Engineers – Traffic (DBE firm)
Leighton Consulting – Geotechnical
Cho Design Associates, Inc. (CDA) – Structural (DBE firm) TR Design Group – Building Architect
Ultrasystems - Environmental
Boudreau Pipeline – Potholing
R. J. Lung & Associates, Inc. – Aerial Photogrammetry (DBE firm) H&A’s legal counsel has reviewed the Model Professional Services Agreement and identified a few wording changes that are needed to protect the City by meeting conditions for professional liability insurance, so the City is covered in case of an incident and to be in full compliance with the California Civil Code. From our past experiences, a brief telephone call between the City Attorney and H&A’s lawyer conversing with legal terminology can usually resolve the issues amicably.
H&A would welcome the opportunity to provide civil engineering services to the City of Laguna Hills.
If you have any questions, you can contact me at [email protected] or (949) 583-1010.
Sincerely,
HUNSAKER & ASSOCIATES IRVINE, INC.
Doug Staley, PE
President
(k\pw\ps\s\COLH 02P-rn.docx)
On-Call Civil Engineering, Project Management, and Support Services B. Company Data, Page 3
B. COMPANY DATA
1. Official Name and Address
Hunsaker & Associates Irvine, Inc.
3 Hughes, Irvine, CA 92618
Phone: (949) 583-1010
DIR Registration: 1000007801
2. Contact Person During Evaluation
Richard Norton, Project Manager
([email protected])
Cell Phone: (949) 293-6537
3. Type of Entity
The firm was started in 1976 and remains a closely held corporation with five principals having authorization to bind the firm to contracts (Doug Staley, Kamal Karam, Fred Graylee, Joe Wightman and Bradley Hay). All are Southern California residents and active project managers, and each has over 30 years of experience in their discipline.
4. Federal Employer ID
H&A Federal employer ID is 953123103
5. Firm Locations (H&A has single branch office in Riverside) Hunsaker & Associates Irvine, Inc.
2900 Adams Street, Suite A-15, Riverside, CA 92504
Phone: (949) 583-1010
6. Firm Ownership
Hunsaker is owned by five principals - Doug Staley, Kamal Karam, Fred Graylee, Joe Wightman and Bradley Hay.
7. Years in business
Hunsaker has been in business under the name since 1976 (almost 50 years).
8. Years of experience in services
Hunsaker has performed civil engineering, surveying and land planning since it started in 1976.
9. All comparable contracts
Hunsaker has over 100 contracts of varying scopes and sizes in the past 5 years so a comprehensive list would exceed the page limit of the proposal. We have provided the table below of active public agency contracts in response to this item.
On-Call Civil Engineering, Project Management, and Support Services B. Company Data, Page 4
H&A Active Public Sector Contracts - 5/1/24
Corona Slope Stabilization Riverside County Butterfield Trail Cal State Parks On-Call Civil Engr Riverside County On-Call Survey Huntington Beach On-Call Engineering Riverside County
EDA On-Call Survey
Fountain Valley On-Call Engineering San Bernard. County On-Call Survey Laguna Beach On-Call Engineering Moreno Valley On-Call Survey Stanton On-Call Engineering Irvine Unified School On-Call Survey Lake Forest On-Call Engineering Pomona On-Call Survey
Chino Hills On-Call Engineering Anaheim On-Call Survey
Norco On-Call Engineering Buena Park On-Call Survey
Orange County On-Call Parks Stanton On-Call Survey
Orange County On-Call Map
Checking Yorba Linda On-Call Survey
Orange County On-Call Road & Bike OCWD On-Call Survey
Eastvale On-Call Engineering EMWD On-Call Survey
San Jacinto On-Call Engineering Santa Clarita On-Call Survey Golden State Water On-Call Engineering San Manuel Indians On-Call Engineering
10. List of Previous and Present Clients
As noted in item #9, Hunsaker has over 100 contracts in the past 5 years so a comprehensive list would exceed the page limit of the proposal. We have provided the table above of active public agency contracts in response to this item.
11. Failures to complete a contract
Hunsaker has always completed contracts to the mutually satisfaction of our clients and ourselves.
12. More than 10% ownership
Hunsaker is a closely held corporation with five principals so they each have more than 10% ownership.
13. Financial interests in other lines of business
Hunsaker provides professional services (civil engineering, surveying, land planning) to both public and private sector clients and that is all the firm does.
14. Litigation History
See next topic for combined response.
On-Call Civil Engineering, Project Management, and Support Services B. Company Data, Page 5
15. Termination for Cause
Hunsaker & Associates Irvine, Inc. (H&A) is proud to state the following in response to this topic. Since H&A was established in 1976, we have always completed our assignments regardless of the general economic situation and we have always maintained a strong financial framework to support our clients and employees at all times. H&A has not been involved in any litigation concerning our technical competence or meeting our contractual commitments.
None of the H&A principals/officers have never been charged with violation of federal or state laws related to fraud, bribery, collusion, conspiracy or violation of antitrust laws. H&A and its principals/officers have never been charged with violations of any employment law including equal opportunity and fair employment.
H&A and its principals/officers have never been disciplined by any local state or federal agency.
H&A has provided a Project Data Table starting on the following page that includes project name, brief description, agency involved and highlights aspects of the RFP services that were performed for that project.
C. RESUMES AND QUALIFICATIONS OF PERSONNEL
The designated project manager, Richard Norton, PE, has been selected as the single key person on this project and H&A acknowledges he will not be replaced for the duration of the assignment. H&A has included numerous individuals to demonstrate our depth of resources and provided you their qualifications. This eliminates the need for transition plans during the actual contract since H&A will select individuals for each assignment from the pool shown. The focus of the H&A Team is to provide excellent service to the City in terms of scope, budget, schedule and quality.
The Staff Qualifications Matrix, located after the organization chart, provides a summary of each person's skills and experience. It includes details such as years of experience, education, registration, and expertise in the services listed in the RFP. Additionally, resumes of each person are included in the appendix, with additional detailed information.
D. ORGANIZATION CHART
Please find the organization chart of our team for this following the Project Data Table. All individuals listed are Hunsaker employees with the necessary qualifications and at least 10 years of experience each. We have in-house capabilities to cover a wide range of civil engineering assignments. However, if the need arises, we can collaborate with local firms that are highly proficient in areas such as traffic signals, geotechnical investigations, landscape design, building architecture and environmental documentation to augment our team and meet specific requirements of the City.
On-Call Civil Engineering, Project Management, and Support Services B. Company Data, Page 6
On-Call Civil Engineering, Project Management, and Support Services B. Company Data, Page 7
On-Call Civil Engineering, Project Management, and Support Services B. Company Data, Page 8
On-Call Civil Engineering, Project Management, and Support Services D. Organization Chart, Page 9
ORGANIZATION CHART
On-Call Civil Engineering, Project Management, and Support Services D. Organization Chart, Page 10
On-Call Civil Engineering, Project Management, and Support Services D. Organization Chart, Page 11
On-Call Civil Engineering, Project Management, and Support Services D. Organization Chart, Page 12
On-Call Civil Engineering, Project Management, and Support Services E. References, Page 13
E. REFERENCES
Below is a table containing details of eight clients based in Southern California with whom we have either ongoing contracts or have recently completed projects. These clients can confirm that H&A has consistently delivered projects on time and within budget while maintaining the highest level of quality. Moreover, we have provided innovative design solutions to overcome challenges. If you require more references, please get in touch with the H&A project manager.
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Gilbert Castillo, PE, Project Manager
(714) 647-3380
[email protected]
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
Alpha Santos-Guinto, Project Manager
(949) 497-0729
[email protected]
State of California Department of
Parks and Recreation
2797 Truxton Road
San Diego, CA 92106
Srikanth Rao, Project Manager
(916) 698-5984
[email protected]
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Anna Baldenegro, Associate Civil Engineer
(949) 644-3309
[email protected]
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92537
Remon Habib, City Engineer
(951) 674-3124 ext. 213
[email protected]
Rancho California Water District
42135 Winchester Road
Temecula, CA 92590
Gregory Gill, PLS, PE, Principal Engineer
(951) 296-6900
[email protected]
City of Alhambra
111 South First Street
Alhambra, CA 91801
Dennis Ahlen, General Manager
(626) 570-3274
[email protected]
San Manuel Band of Mission Indians
100 Pure Water Lane
Highland, CA 92346
Marios Ignelis, Director of Project Management
(909) 425-3290 x4331
linkedin.com/in/marios-ignelis-a5131566
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 14 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
H&A has started this section with a general description of the H&A on-call task order process which is then followed by the draft work plan based on the sample project described in the RFP to cover several topics.
ON-CALL TASK ORDER PROCESS
The process described provides improved performance by all involved since it clearly communicates the project goals, definition of success and the constraints and concerns of the Client. The entire process can be completed in under one week if the task order needs to be expedited and Client staff is not limited by procedures and reviews that add time.
Task Order Request Prepared by Client
The Client Project Manager will prepare a task order request for available information to provide H&A an approximate scope of work and any critical concerns and constraints with initial goals defined. This may be a formal written document, email or verbal phone discussion.
Phone Call of Email from Client to H&A Contract Manager The request will be communicated to the H&A Contract Manager for consideration.
Initial H&A Scoping Meeting (Contract Manager and Task Manager) The H&A Contract Manager will assign a Task Manager for the proposal preparation and performance of the task once NTP has been received. This benefits the Client by having the Task Manager involved from the beginning so he/she is fully aware of the project evolution and the issues discussed. Together they will review the task order request, identify issues to be clarified, concerns to be addressed and resources needed for execution.
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 15 Client Staff Meeting with Client Project Manager and Client O&M Staff to clarify Task Order Request and Goals The H&A Contract Manager and Task Manager will meet with the Client staff and the Client Operations and Maintenance personnel (O&M staff are often very knowledgeable of the problems to be addressed and goals of the task). An agenda based on the review of the request by H&A will be used to focus the meeting and ensure all issues are discussed and resolved so a formal task order proposal can be developed.
Site Visit (preferably combined with Client Staff meeting) The H&A staff have found that a meeting on site with all Client staff involved can often result in more accurate problem definition, potential solutions identified and clarification of concerns and constraints, particularly with O&M staff involvement since they have “live with the problem” and have intimate understanding of the situation.
H&A develop Task Order Proposal
The Task Manager will coordinate with the assigned technical staff to develop a comprehensive task order that addresses all aspects of the work including:
Scope of Work including what activities are required and what deliverables will be produced. H&A often attaches a sketch of the project limits and/or other documents to define the scope such as photos and notes. Depending on the size and complexity of the task, the scope may be detailed with a work breakdown structure (WBS) that will also be used for the schedule and cost.
Schedule of performing the task including any WBS breakdown, will be prepared. The overall duration and completion date will consider the information from the Client staff and any variance identified. Cost breakdown identifying number of hours for each WBS activity for the labor categories provided in the base contract using contract billing rates plus expenses and subconsultant costs (if any) When appropriate, initial identification of technical personnel assigned to the task team.
Submit Completed Task Order Proposal Documents
The task order proposal will be compiled and then checked by H&A management utilizing their decades of experience to confirm all aspects are covered and the schedule and cost are reasonable and sent to Client for review.
Review and Comment by Client Project Manager
The Client Project Manager will review the draft task order proposal and verify that it meets the needs of the Client as defined in the task order request. It may be perfect and ready for execution; however, typically there are adjustments that are needed to fully satisfy the client.
Revise and Resubmit for Execution
The task order proposal will be revised as needed and submitted to Client Project Manager for approval.
Client Approval of Task Order (Notice to Proceed)
The Client Project Manager will approve/execute the task order proposal and issue the notice to proceed so H&A can get started.
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 16
PROJECT CONTROLS
A work plan is only as good as the actual execution during the project evolution. H&A uses a 3 prong approach to project management – scope, schedule and budget. We recognize that the three factors interact constantly and must all be addressed simultaneously and continuously for success. Also that communications are critical to effective coordination of all aspects of a project into a seamless design and maintain client confidence (described in detail in Section H below).
Scope Control: Every H&A project starts with a project management plan that includes the contract scope of work, project schedule and overall budget. The project management plan divides the overall project into smaller tasks using a Work Breakdown Structure. Each task then has a scope, schedule and budget assigned and the linkages between tasks clearly identified. When an individual is assigned a task, the person receives the scope, schedule and budget for that work and is expected to meet those criteria.
H&A project managers use the MBWA (Management By Walking Around) approach developed at Hewlett-Packard. From the president down to the most junior project manager, each leader is outside of their office frequently overseeing their assigned staff, reviewing progress, answering questions and providing direction. For persons working from home, this involves the frequent use of informal Team/Zoom meetings where work products can be shared on computer screens to mimic the “over the shoulder” review process. This approach typically uncovers any problems before the reporting systems so we can expedite adjustments to benefit the City. Depending on the size and complexity of the project, this approach may be augmented by formal team meetings that typically include active subconsultants.
Schedule Control: The overall schedule will be divided per the Work Breakdown Structure described above under Scope.
H&A staff are familiar with Microsoft Project and other scheduling software programs and can provide City staff with the appropriate reports and files. The budget status typically links to the schedule status so the accounting reports often trigger schedule related actions. All variances (both negative and positive) are then investigated to determine the cause and effect of each one. If a problem or bad trend is determined to be present, a work around strategy is developed.
Possible actions include overtime, added staff, change in staff, use of senior staff for improved efficiency and other methods. The overall schedule is typically updated as part of the progress report so the client gets a formal monthly schedule status. However, H&A project managers do not wait for end of month reports and instead take immediate action if a problem is identified so the City will benefit from our proactive problem solving approach.
Budget Control: The project manager receives a weekly report of all costs incurred on the project including H&A labor, expenses and subconsultant invoices received. As noted, each task in the Work Breakdown Structure will have its own budget that will be formally monitored weekly. These are checked against the planned costs to identify any variances. All variances (both negative and positive) are then investigated to determine the cause and effect of each one. For budget variances, the same approach described above under Schedule is used to keep the project on track. The weekly reports on cost will then show the impact of the work around strategy and identify if additional actions are needed.
QUALITY CONTROL
H&A has always placed great emphasis on quality assurance. The documents that we develop will be subject to our established in-house Quality Control Procedures. All H&A personnel are trained in the procedures to be used for quality control checking so that all delivered documents, reports, and studies are of a quality that is consistent with professional standards and satisfies the specific requirements of each client. Elements include following:
Review Comment Verification. Before any internal review of plans, a senior engineer will check that all prior comments have been addressed appropriately including the initial response and final action documented. From our experience
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 17 augmenting agency staff doing plan checking we understand the frustration of making the same comments when they were not addressed the first time.
Intra-Discipline Review. Technical checking and design review activities are performed by each responsible design discipline under the direction of the designated lead engineer (e.g., checking pipe lengths and slopes vs. elevations for storm-drain profiles).
Inter-Disciplinary Review. The IDR is done by senior engineers in all disciplines involved in the project to identify any conflicts between project components and resolve them among the design team (e.g., checking storm-drain profiles against utility plans for potential conflicts).
Independent Technical Review. The ITR will be noted in the scope and performed by H&A staff with no previous involvement in the project to date. The purpose of this review is to provide a real-world check (2nd opinion) for the elements in the design or deliverable and provide a level of assurance that the document is done properly (e.g., checking the overall project configuration meets the identified goals and constraints effectively). Constructability Review. A review of plans by our experienced staff with field background working with contractors assures that the project is cost-effective and constructible from the contractor's point of view (e.g., evaluating access for equipment and materials to construct storm-drain piping at specific stage of construction with limited space). The result is a better set of plans, specifications and estimates and fewer claims. H&A’s initial evaluation of this project is that constructability concerns are critical and will be considered from the start so we select the preferred alternative design with this issue in mind.
H&A management does Quality Assurance audits to ensure the quality control procedures are being followed. This involves review of documents such as “red line” markups and interviews with key individuals to confirm that the quality control process is being followed and that issues are properly resolved and changes implemented as necessary.
SPECIFIC PROJECT DRAFT WORK PLAN
Hunsaker creates a Work Breakdown Structure that is project specific and is a consistent framework for the scope, budget and schedule aspects. H&A will use the WBS as the basis for our project schedule and cost breakdown for each task order. The duration of each task will be addressed with City staff as the scope and budget for the task order are developed.
The following is our draft WBS for the RFP sample project.
Our proposed approach has been organized in a generally chronological sequence. Activities NOT listed in RFP are highlighted in green. Additional possible activities include geotechnical services, landscape design and traffic signal modifications such as traffic loop replacement, use of video controls and ADA upgrades to equipment and curb ramps.
The write-ups on the following page are listed on the adjacent WBS and expands on those tasks with additional detail.
The WBS is also used for the design schedule and cost breakdown developed for this proposal.
On-Call Civil Engineering, Project Management, and Support Services I. Communication Plan, Page 18
TASK 1 – PROJECT MANAGEMENT
Notice to Proceed
The City will issue the Notice to Proceed and that date will be reflected in the design schedule update included in the Project Management Plan.
Project Schedule
Immediately upon receipt of Notice to Proceed, we will
compile a Project Schedule based on the draft version
in this proposal.
TASK 2 – UTILITY NOTIFICATION
Initial notifications will be made to all identified utility owners immediately after the kick-off meeting. Also
drawings at 60% and 90% stages will be submitted to
the utility companies with copies of all correspondence and transmittals letters copied to the City project
manager. Comments provided by utility companies will
be communicated to the City project manager and
incorporated into the final design, as applicable.
TASK 3 – RECORDS RESEARCH
Research and data collection would include records
data gathering from all utilities and public agencies
operating facilities in the vicinity of the proposed
project. A complete utility research within the limits of the project will be conducted. All data gathered will be incorporated into the digital base-map and evaluated in conjunction with the field information to identify
inconsistencies, missing information and apparent
conflicts.
TASK 4 – TOPOGRAPHIC SURVEY
Research on available survey control points and
monumentation will start the process. Field survey will establish the project control and existing monuments
will be located. Then field crews will gather the
topographic information, dip manholes and drain inlets
and locate surface utility features.
TASK 5 – PLANS, SPECS AND ESTIMATE
Products of this task will be submitted to the City at
60%, 90% and 100% (Final) completion levels. The
construction drawings will include the following:
A. Title Sheet and Notes ........................ 1 sheet B. Sections and Details ........................... 2 sheet
WORK BREAKDOWN STRUCTURE
TASK 1 – PROJECT MANAGEMENT/MEETINGS
1 A NOTICE TO PROCEED City
B Prepare project schedule H&A
C Prepare kick-off meeting agenda and
handouts
Consider
having
meeting at site
to view
existing
conditions
D Attend kick-off meeting H&A Team
E Prepare meeting minutes and action log H&A
TASK 2 – UTILITY NOTIFICATIONS
2 A Compile Dig-Alert list and contact
owners (1st notice) H&A
B Follow-up and compile utility information
from owners H&A
C Pothole existing utilities (10 budgeted) H&A
TASK 3 – RECORDS RESEARCH
3 A Obtain and review available information
from City H&A
B Obtain and review available information
from County H&A
C Obtain and review available information
from other agencies H&A
TASK 4 – TOPOGRAPHIC SURVEY
4 A Research and establish project control H&A
B Locate and document monumentation H&A
C Ground survey and dipping structures H&A
TASK 5 – PLANS, SPECS AND ESTIMATE
5 A Prepare title sheet with notes and
drawing for sections and details H&A
B Prepare 1"=40' double stacked
demo/const. and signing/striping plans H&A
C Team QC Review H&A
D 60% submittal of PS&E package to City H&A
E AGENCY REVIEW City
F Make revisions per 60% comments H&A
G Evolve plans and details H&A
H Team QC Review H&A
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 19 C. Demo and Const – double stacked .... 5 sheet
D. Signing and Striping – double stacked 5 sheet
Total 13 Sheets
Specifications
The specifications will include the City’s boiler-plate specifications and front-end materials. All technical
specifications will be based on Greenbook standards or
City’s standard sections. Final specs will be complete
and in full conformance with the City requirements.
Cost Estimate
The construction estimate will use the project
specifications measurement and payment clauses. An
appropriate contingency will be included to reflect the level of design at the time of the estimate. An updated estimate will be included with each plan submittal (60%, 90% and Final).
60 - 90% and 100% Submittals
Each submittal package will be comprised of the
following:
Title Sheet including Vicinity Map, Location Map, &
Notes
Sections and Details – 2 sheets
Demo and const plans – double stacked
Signing and Striping plans – double stacked
Technical Specifications
Engineer’s Estimate
Evidence of Submittal of Plans to utility owners
Work Breakdown Structure, Cont’d
TASK 5 – PLANS, SPECS AND ESTIMATE
5 I 90% submittal of PS&E package to City H&A
J AGENCY REVIEW City
K Make revisions per 90% comments H&A
L Team QC Review H&A
M 100% submittal of PS&E package to
City H&A
N AGENCY REVIEW City
O Approval of PS&E City
Quality Control
Prior to the submittal, there will be an H&A quality control review to confirm all prior comments have been addressed and that the documents are consistent and completed to the expected level.
G. SCHEDULE
Hunsaker creates a Work Breakdown Structure that is project specific and is a consistent framework for the scope, budget and schedule aspects. H&A will use the WBS as the basis for our project schedule for each task order. The duration of each task will be addressed with City staff as the scope and budget for the task order are developed.
H. COMMUNICATIONS PLAN
Client communications are typically directed to/from the project manager as the primary point of contact. Examples include monthly progress reports with schedule updates and invoices, progress and review meetings with client staff and more informal phone calls and emails as appropriate. After discussion between H&A and the client, it may be decided that some senior technical staff from each party can communicate directly with these contacts documented by follow-up emails copied to the H&A project manager. We are strong believers in the saying “If it is not written down – it did not happen” so our project communications are well documented and easily accessible for future reference by H&A and the City.
On-Call Civil Engineering, Project Management, and Support Services I. Communication Plan, Page 20
On-Call Civil Engineering, Project Management, and Support Services I. Communication Plan, Page 21
I. COMPENSATION/PAYMENT SCHEDULE
The H&A rate schedule is contained in a separate envelope as directed by the RFP.
On-Call Civil Engineering, Project Management, and Support Services J. Non-Collusion Affidavit, Page 22
J. NON-COLLUSION AFFIDAVIT
Hunsaker has provided a completed Non-Collusion Affidavit form below.
On-Call Civil Engineering, Project Management, and Support Services K. Certificate of Insurance, Page 23
K. CERTIFICATE OF INSURANCE
Hunsaker has provided a completed Certificate of Insurance form below and insurance certificates for a recent contract to comply with City's insurance criteria in the Appendix.
On-Call Civil Engineering, Project Management, and Support Services K. Certificate of Insurance, Page 24
L. CERTIFICATION OF PROPOSAL
Hunsaker has provided a completed Certification of Proposal form below.
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 25
Date: July 11, 2024
Santiago Park Improvements Survey, Santa Ana, CA
PROPOSAL
For On-Call Civil Engineering, Project Management,
and Support Services
On-Call Civil Engineering Consulting Services
Appendix
HUNSAKER & ASSOCIATES IRVINE, INC.
City of Laguna Hills
On-Call Civil Engineering, Project Management, and Support Services
SAMPLES OF INSURANCE CERTIFICATES
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 28
On-Call Civil Engineering, Project Management, and Support Services Richard Norton, PE
Project Manager
Credentials:
BS Worcester Polytechnic Institute, 1975, Civil Engineering MS Northeastern University, 1977, Civil Engineering
MS Massachusetts Institute of Technology, 1985, Management California, 1987, Professional Engineer Civil No. 41646 Professional Experience:
Mr. Norton has served as Project Manager on numerous projects throughout Southern California. His career has focused on infrastructure including roadways from freeways to access roads, storm drain and treatment facilities, wet and dry utilities design and coordination, regulatory agency approvals and development of complex construction staging scenarios.
Key Projects:
County of Riverside, Sanderson Avenue Bridge and Improvements, Hemet, CA: Mr. Norton managed design of a 1,200-foot bridge over San Jacinto River, 10,000 feet of levee reconstruction, 2-mile widening/realignment of arterial roadway and sediment basin involving hydraulic/sediment studies and concrete weir design.
County of Orange, OC Roads On-Call Engineering, Orange County, CA: Mr. Norton managed the contract including Laguna Canyon Road - El Toro Road Traffic Signal Upgrade, Environmental Documentation for Laguna Canyon Road Drainage Improvements, Moulton Parkway Noise Evaluation and 17th/Hewes Traffic Signal Modification.
County of Orange, OC Parks On-Call Engineering, Orange County, CA: Mr. Norton supervised the team doing Irvine Regional Park Entrance, Holderman Park Lighting and Irvine Ranch Historic Park Water and Sewer Systems.
USMC Camp Pendleton, Basilone Road and Las Pulgas Road Rehabilitation, Oceanside, CA: Mr. Norton directed a team for a project involving 23 miles of road including assessment of existing conditions, evaluation of repair options, design of an at-grade railroad crossing, preparation of cost estimates, and final bidding plans and specifications.
County of Orange, Laguna Canyon Road Widening, Laguna Hills, CA: Mr. Norton administered design to widen the shoulders for a 1-mile segment including highway geometrics, street improvements, grading, utility relocations, construction staging, and implementation of protective measures and mitigation relative to the adjacent wetlands.
City of Los Angeles, Soto Street Widening from Valley Boulevard to Mission Boulevard, Los Angeles, CA: Mr.
Norton managed design for widening of City arterial street including extensive grading of large adjacent slope, access for adjacent industrial facilities, coordination with proposed adjacent bridge widening and construction staging.
City of Santa Ana, A/E On-Call Contract, Santa Ana, CA: Mr. Norton administered the contract including Centennial Park soccer field with synthetic turf and playing field lighting system.
County of Orange, El Modena Channel Study, Orange County, CA: Mr. Norton performed analysis of existing flood control channel to determine present capacity, need for expansion to meet design criteria, evaluation of alternative solutions and design report preparation. Directed in-house staff and client relations and reviewed calculations.
KEY FACTORS
48 years of experience with PE
registration
Experienced project manager
for infrastructure projects
Wide ranging technical
knowledge and experience
Conducted numerous
transportation projects
Effective coordinator with
agencies and stakeholders
On-Call Civil Engineering, Project Management, and Support Services Fred Graylee, PE
Principal-in-Charge
Credentials:
BS Texas A&M University, 1981, Civil Engineering
California, 1992, Professional Engineer Civil No. 49118 Professional Experience:
Mr. Graylee has been responsible for infrastructure design (roadways, utility systems, grading) and the management of multiple projects. His responsibilities include project coordination with clients and agencies, supervision of professional engineers and EIT’s, designers and technicians who prepare final engineering drawings and construction specifications. He is also responsible for project scheduling, budgeting and contract negotiations.
Key Projects:
Coty of Cypress, Acacia Street Storm Drain, Cypress, CA: Mr. Graylee directed the design of plans, specifications and bid documents for a project with innovative engineering to alleviate flooding of local residences.
City of Cypress, Watson and Delong Street Rehabilitation and Drainage Improvements, Cypress, CA: Mr. Graylee supervised the preparation of plans and specifications to mitigate drainage deficiencies at the intersection of two streets for the City of Cypress.
City of Cypress, Improvement Plans of Streets, Sewer, Water and Storm Drains, Cypress, CA: Mr. Graylee prepared improvement plans for Denni Street, Moody Street, Ball Road, and Orange Avenue. Work consisted of street improvement plans, sewer plans 8" to 12" lines, water plans 6" to 12" pipes, storm drain plans for 18" through 66" pipes and 12'x12' RCB for 5 miles of new streets.
Orange County Flood Control, Cypress Retarding Basin, Cypress, CA: Mr. Graylee managed design of drainage facility and pump station including drainage pipes and basin to the extent required to complete a project report. The project report was prepared for the Orange County and the City of Cypress.
Mission Ridge Complex, Mission Viejo, CA: Mr. Graylee directed creation of a useable site from a 15-acre hillside including all on-site roads and parking lots, storm drains, sewer and water system to support the development.
Orange County, Ladera Ranch Phase 3 and 4 Master Plan Community, Orange County, CA: Mr. Graylee supervised the creation of back bone infrastructure in Antonio Parkway and O’Neill Drive including water lines and reclaimed water lines 8" to 24", sewer lines 8" to 12", storm drain lines 12" to 120" diameters.
City of Newport Beach, Crystal Cove Master Plan Community, Newport Coast, CA: Mr. Graylee as Principal in Charge oversaw team developing master planning of 600 acres that included plan preparation to construct all infrastructure to support the development including streets, water lines and reclaimed water lines, pressure reducing stations, sewer lines, and storm drain lines.
KEY FACTORS
42 years of experience and PE
registration
Expertise in preparing public
agency bid documents
Knowledge of sewer systems
including lift stations
Accomplished innovative
solutions to drain problems
Design of modifications to
existing infrastructure
On-Call Civil Engineering, Project Management, and Support Services Daniel Kim, PE
QA/QC Manager
Credentials:
BS University of California Irvine, 1992, Civil Engineering California, 1996, Professional Engineer Civil No. 55031 Qualified SWPPP Practitioner (QSP)
Qualified SWPPP Developer (QSD)
Professional Experience:
Mr. Kim has been responsible for creation of alignments for local streets and arterial roadways in both flat and hilly terrain and in urban areas and new developments. His expertise extends to storm drain systems and treatment BMPs along with the related grading to achieve an effective solutions to project challenges. Mr. Kim has also been involved in several park and recreation facility design for paved and unpaved activity areas.
Key Projects:
City of Huntington Beach, Pacific City Infrastructure, Huntington Beach, CA: Mr. Kim prepared the construction documents for street improvements and overall grading of the project site and roadways.
City of Irvine, Sports Complex at Great Park Infrastructure, Irvine, CA: Mr. Kim directed City compliant design of detailed grading design and street improvement drawings for arterial roadways and 10,000 feet of trail and sidewalk.
City of Lake Forest, Parkside Infrastructure, Lake Forest, CA: Mr. Kim developed detailed design overall grading plans incorporating treatment BMPs plus street improvements, water and sewer design for the project.
City of Irvine, Great Park Neighborhoods Infrastructure, Irvine, CA: Mr. Kim developed grading plans, off-road trail layouts and street improvements drawings from initial concept designs to of construction documents.
City of Lake Forest, Parkside Neighborhood Infrastructure, Lake Forest, CA: Mr. Kim prepared designs for streets, grading and all utility systems as part of backbone infrastructure designed per City standards.
City of Mission Viejo, Neighborhood Infrastructure, Mission Viejo, CA: Mr. Kim. Was responsible for preparation of grading plans, off-road trail layouts and street improvements drawings and coordinated with the designs of the utility and drain systems engineers.
KEY FACTORS
32 years of experience and PE
registration
Experienced design of arterials
and local streets
Knowledge of water, sewer and
reclaimed water systems
Supervised multiple storm drain
facility designs
Capable at park and recreation
center facility designs
On-Call Civil Engineering, Project Management, and Support Services Farhad Mohammadi, PE
Roadway Design, Stage Construction, TMP, Detours/Traffic Control Credentials:
BS, Portland State University, Portland, Oregon, 1988, Civil Engineering California, 2002, Professional Engineer Civil No. 62622 Professional Experience:
Mr. Mohammadi has been responsible for project coordination with clients and agencies, supervision of engineers, designers and draftspersons who prepare final engineering drawings. His engineering experience includes highway engineering, residential and commercial infrastructure development, and land development engineering. Specific civil engineering experience includes rough/precise grading, contour grading, street improvement design, sewer, water, and storm drain design and alignment studies.
Key Projects:
Los Angeles County, Marengo Avenue, LA County, CA: Mr. Mohammadi was lead designer for street rehabilitation project for the Los Angeles County’s PWD. Marengo Avenue included the design and construction of a 0.8-mile resurfacing/reconstruction project in the unincorporated Altadena area.
City of Irvine, Portola Parkway, Jeffrey Road, Sand Canyon Route Alignment Study and Final Design, Irvine, CA:
Mr. Mohammadi analyzed grading and quantity estimates for 6 miles of roadway improvements.
City of Irvine, Sand Canyon Avenue Roadway Widening, Irvine, CA: Mr. Mohammadi directed a team developing plans for an additional travel lane, six dedicated right-turn/deceleration lanes, and curbed medians with single (future) and dual left-turn lanes at the intersections of Waterworks Way and Irvine Center Drive.
City of Irvine, Jeffrey Road Widening, Irvine, CA: Mr. Mohammadi managed widening of an existing arterial roadway with space for the third lane taken out of the existing raised center median to minimize the need for additional right-ofway from adjacent SCE property and required coordination with Irvine Valley College for proposed for a new entrance.
City of Aliso Viejo, Aliso Vista Ridge, Aliso Viejo, CA: Mr. Mohammadi was responsible for street improvements, precise grading, sewer and water design for proposed 165-unit single family hillside development.
City of Irvine, Laguna Crossing, Irvine, CA: Mr. Mohammadi directed preparation of rough grading 167 acres while avoiding large environmentally sensitive site, 2 miles of street improvement plans including sewer, domestic water, and storm drain and one mile of arterial street improvements to Lake Forest Drive City of Irvine, Barranca Parkway, Irvine, CA: Mr. Mohammadi directed storm drain design addressing alignment, grading, habitat mitigation, right-of-way, design standards, visual berm, landscaping, and utilities.
Caltrans, I-405/Fairview Road Off-Ramps, Costa Mesa, CA: Mr. Mohammadi led team designing storm drain, grading, retaining wall design, utility planning, quantity estimates, and earthwork computations for widening of existing ramps to provide additional capacity for projected increased traffic volumes.
KEY FACTORS
35 years of experience and PE
registration
Conducted multiple local street
and arterial designs
Directed design of sewer, water
and reclaimed facilities
Provided park designs for
several developments
Expertise with renovating
existing infrastructure
On-Call Civil Engineering, Project Management, and Support Services Mohammed Rowther, PE
Roadway Design, Stage Construction, TMP, Detours/Traffic Control Credentials:
BS, California State Polytechnic University, 1980, Civil Engineering MS, California State Polytechnic University, 1982, Structural Engineering California, 1983, Professional Engineer, Civil No. 37127 Professional Experience:
Mohammed has experience in planning, design and construction of regional infrastructure and public works projects including streets, highways, drainage, water, and wastewater facilities. He has been providing civil engineering design services for public and private agencies with an excellent record of performance on fast-tracked schedules, obtaining permits, and coordinating projects through multi-agency approval processes.
Key Projects:
City of San Bernardino, 40th Street / 3rd Avenue Improvements, San Bernardino, CA: Mr. Rowther was responsible for reconfiguration of the intersection of 40th Street and 3rd Avenue and a 300’ long 12'(W) x 8'(H) Triple Barrel R.C. Box Culvert for Devil’s Creek Diversion Channel. The project was designed per Caltrans Standards.
City of Laguna Hills, Oso Parkway Rehabilitation Project, Laguna Hills, CA: Mr. Rowther developed the design of pavement rehabilitation and median improvements for 6,700 feet from Cabot Road to Moulton Parkway.
City of Laguna Hills, La Paz Road Reconstruction, Laguna Hills, CA: Mr. Rowther was responsible for the preparation of final PS&E for pavement rehabilitation and median improvements of 8,400 LF of La Paz Road, from Moulton Parkway to the City limits at I-5 centerline.
City of Corona, Foothill Parkway East (Phase 1 and 2), Corona, CA: Mr. Rowther lead team doing the design of 4,000 LF of 4 lane divided highway design, 5 signals, drainage design, utility relocation, right-of-way acquisition, public outreach, environmental permitting, FEMA processing and coordination with Caltrans and Riverside County.
City of Fontana, Sierra Avenue Widening Project, Fontana, CA: Mr. Rowther led staff doing the design of widening 2 miles of Sierra Avenue from two lanes to six lanes with landscaped raised median. Responsibilities included horizontal and vertical design of roadway, storm drain, sewer reconstruction, street lighting, traffic control, and utility coordination.
City of Fontana, Baseline Avenue Widening Project, Fontana, CA: Mr. Rowther managed design of the widening of
3.7 miles of two-lane roadway to a six-lane arterial involving curb and gutter, median, driveway realignment design, retaining walls, intersection design, and construction plan preparation.
City of Pomona, Garey Avenue Improvement Project, Pomona, CA: Mr. Rowther developed the pavement rehabilitation strategy and contract documents for 6,000 feet of Garey Avenue from Lexington Avenue to 7th Street in the City of Pomona. Project includes curb and gutter, sidewalk, driveways, landscape and pavement improvements.
City of San Gabriel, San Gabriel Boulevard Improvement Project, San Gabriel, CA: Mr. Rowther directed the final design of street, drainage, street lighting, signal and landscape improvements for a 2 miles of San Gabriel Boulevard.
KEY FACTORS
44 years of experience and PE
registration
Experience in pavement
rehabilitation programs
Accomplished numerous
projects on Indian lands
Knowledge of Caltrans criteria
from past projects
Managed designs from
freeways to access roads
On-Call Civil Engineering, Project Management, and Support Services F. Project Understanding, Overview and Approach, Page 34 Brian Sauther
Roadway Design, Stage Construction, TMP, Detours/Traffic Control Credentials:
BS University of Montana, 1999, Environmental Engineering California, 2010, Professional Engineer Civil No. 76028 Professional Experience:
Mr. Sauther has extensive experience in preparing horizontal and vertical alignments for roads in both flat and hilly terrain. He has also been developing effective designs for local streets and arterials along with the related storm drain facilities and grading to successfully handle storm runoff. Mr. Sauther has a strong background in a wide range of design software programs for drafting and drainage analysis and design.
Key Projects:
City of Irvine, Portola Parkway, Irvine, CA: Mr. Sauther prepared street improvement plans for a segment including drainage and utility systems
City of Pico Rivera, Passons Boulevard Grade Separation, Pico Rivera, CA: Mr. Sauther designed realignment of an 8-foot x 5-foot RCB to accommodate proposed depressed roadway.
City of Alhambra, Glendon Way Sewer Replacement, Alhambra, CA: Mr. Sauther was responsible for the design of a replacement gravity sewer located in Glendon Way in compliance with City criteria including creation of traffic control plans, pavement rehabilitation design and bid documents.
City of Long Beach, El Dorado Neighborhood, Long Beach, CA: Mr. Sauther was involved in preparation of construction documents for street improvements, water and sewer design and overall grading of the site and roadways.
USMC Camp Pendleton, Green Beach Road, San Clemente, CA: Mr. Sauther created the street improvement plans to upgrade access to oceanfront training area.
San Manuel Band of Mission Indians, Master Drain Plan, San Bernardino, CA: Mr. Sauther had a key role in development of the hydrology and hydraulic modeling that identified a 4,300 cfs discharge downstream to be carried by an improved channel designed in compliance with SBCFCD criteria.
City of Chino, Plan Checking and Master Drainage Plan, Chino, CA: Mr. Sauther was responsible for checking of hydrology, hydraulic calculations and drainage system design drawings.
City of Indio, Jackson Street Drain, Indio, CA: Mr. Sauther performed the hydrology and hydraulic calculations and developed plans for 48-inch line to alleviate flooding problems in urban, desert area.
City of Irvine, Neighborhood Park, Irvine, CA: Mr. Sauther coordinated with landscape architect in developing precise grading and drainage system including treatment BMP’s for 2-acre park.
Saddleback Church, Site Expansion, Lake Forest, CA: Mr. Sauther created the site layout for 40 acres with detailed grading, drainage and pipelines for domestic water, recycled water and sanitary sewer for facility.
KEY FACTORS
24 years of experience and PE
registration
Highly capable storm drain and
treatment BMP’s engineer
Knowledgeable of flood control
channels and fish passage
structures
Experience in design in existing
urbanized areas
Excellent communicator
On-Call Civil Engineering, Project Management, and Support Services Sean Swanson, EIT
Roadway Design, Stage Construction, TMP, Detours/Traffic Control Credentials:
BS, Chico State University, Chico, CA, 2011, Civil Engineering California. 2011 Engineer-in-Training No. 104744
Professional Experience:
Mr. Swanson has a wide range of experience in the Civil Engineering Industry in Southern California. His design experience includes grading, sewer and water pipeline infrastructure, tentative tract map preparation, site plans and roadway improvements. His key roles included project coordination with clients, subconsultants and governmental agencies, as well as cost estimates, performing field construction observation and creating as-builts. In addition to new street design, he has experience in design of upgrades and pavement rehabilitation for existing streets.
Key Projects:
Alicia Median Modification Plan, Aliso Viejo, CA: Mr. Swanson developed design that increased capacity of left turn pocket and coordinated with landscape, traffic, Caltrans and City to ensure project success.
Victoria Street Median Improvement Plan, Costa Mesa, CA: Mr. Swanson prepared median street improvement plans for Victoria Street including coordinating with Traffic Engineer for turn pockets in median.
Culver Drive at I-5 Freeway Pavement Rehabilitation, Irvine, CA: Mr. Swanson provided exhibit with limits of pavement rehabilitation for the City of Irvine and coordinated with subconsultant for striping plan.
Heritage Fields Backbone Streets, Irvine, CA: Mr. Swanson assisted in design for 10 miles of Heritage Fields backbone streets including Trabuco Road, Ridge Valley and several unnamed streets.
Grading, Street, Sewer and Water Design, Costa Mesa, CA: Mr. Swanson provided hillside rough grading plan, street improvements, sewer, domestic water and non-domestic water plans. Responsibilities included verifying conditions of approval and coordination with client, sub-consultants and governmental agencies.
Crown Valley Community Park Tier I, Aliso Viejo, CA: Mr. Swanson created grading, utility, retaining wall profile and storm drain design for amphitheater and adjacent play areas.
KEY FACTORS
12 years of experience and EIT
registration
Experienced street designer for
large projects
Capable designer for paving
rehab and other upgrades
Prepared several median
designs for existing arterials
Knowledge of water, sewer and
reclaimed water systems
On-Call Civil Engineering, Project Management, and Support Services John R. Gass, PE
Sewer and Water Systems and Utility Coordination
Credentials:
BS Northern Arizona University, Flagstaff, 2001, Civil Engineering California, 2010, Professional Engineer Civil No. 68664 Professional Experience:
Mr. Gass has in-depth knowledge and expertise in the water and wastewater industry including preliminary investigations, conceptual design, final engineering and construction support. The highlights of Mr. Gass’ career include water and sewer master plans to accommodate projects ranging from 30,000 dwelling units to small infill projects. He has designed storage tanks, booster stations, PRV facilities, lift stations and performed hydraulic studies for water and sewer systems for projects throughout Southern California.
Key Projects:
City of Buena Park, Lincoln Avenue Sewer, Buena Park, CA: Mr. Gass supervised the design of 2,800 feet of 8-inch gravity sewer located in Lincoln Avenue (between Valley View and Holder) constructed by pilot tunneling.
City of Huntington Beach, Bella Terra Phase II, Huntington Beach, CA: Mr. Gass developed the design of 1,350 feet of 12-inch sewer for a shopping center and a connection to an existing 15-inch sewer main in Edinger Avenue.
City of Huntington Beach, Parkside Estates, Huntington Beach, CA: Mr. Gass developed plans for a sewage lift station including two sewage pumps, emergency generator and 1480 feet of 6” force main in existing street.
Eastern Municipal Water District, Whitewood Gravity Sewer, Murrieta, CA: Mr. Gass managed the design and plan preparation of 2,100 feet of 15-inch microtunneled sewer in existing streets within the Whitewood residential development and includes crossing under Interstate 215.
City of Corona, Dos Lagos Sewer System Engineering Analysis, Corona, CA: Mr. Gass administered development of hydraulic models of proposed and existing sewer systems.
City of Lake Elsinore, Railroad Canyon Road Widening, Lake Elsinore, CA: Mr. Gass was responsible for handling impacts by the widening to utility system surface features and relocations for safe maintenance access.
Eastern Municipal Water District, Cimarron Valley Estates Water Pipeline, Menifee, CA: Mr. Gass directed design of 10,000 feet of 8, 12 and 18-inch water lines in existing Craig Avenue, Bradley Road Tupelo Road and Wickerd Road City of Corona, Kraft Ranch, Corona, CA: Mr. Gass directed the design of a hydro pneumatic potable water booster pump station with an outdoor emergency standby generator set in a sound attenuated enclosure.
City of Desert Hot Springs, Skyborne, Desert Hot Springs, CA: Mr. Gass was responsible for the design of two well sites and the piping system for a 2.0-million-gallon concrete tank and a dual zone potable water booster station.
Lee Lake Water District, Sycamore Creek Recycled Water System, Corona, CA: Mr. Gass supervised design of 12,000 feet of 12- inch non-potable water lines, a Booster Pump Station and 1.5 MG non-potable water tank.
KEY FACTORS
23 years of experience and PE
registration
Expert on sewer, water and
recycled water facilities
Developed designs for multiple
pumping stations
Experience with multiple utility
owner criteria
Proven Project Manager for
infrastructure
On-Call Civil Engineering, Project Management, and Support Services James Maeding, PE
Sewer and Water Systems and Utility Coordination
Credentials:
BS University of California, Irvine, 1994, Civil Engineering California, 2001, Professional Engineer Civil No. 62532 Professional Experience:
Mr. Maeding’s duties as office CAD manager include prospective employee interviewing, standards creation, automation programming, and general oversight of project CAD organization. Starting as a staff engineer, tasks performed included utility research and field verification, pipeline alignment design, and reservoir site and tank design. Duties performed as a project engineer include pump station design, master planning of water and sewer facilities and overseeing of plan production.
Key Projects:
Coachella Valley Water District, Rio Vista Water Facilities, Riverside County, CA: Mr. Maeding coordinated design for a 3.5 MG steel reservoir, booster station, and a 24-inch inlet/outlet pipeline 1 mile long and across a freeway and railroad. Duties included preparing hydraulic calculations for sizing pipelines, reservoir site investigation.
Rancho California Water District, Water Master Plan, Rancho CA: Mr. Maeding managed the origination of water master plan with a hydraulic model of the water system for 306 residential lots.
West Basin Municipal Water District, Chevron Reverse Osmosis Water Pipelines, Fullerton, CA: Mr. Maeding was responsible to produce plans for 10,000 feet of 12-inch and 16-inch PVC water distribution lines. Design challenges included alignment crowded with high risk utilities and routing pipes through easement on City golf course.
City of Valencia, Avenue Tibbitts Trunk Sewer, Valencia, CA: Mr. Maeding produced plans for 7,000 feet of 24 through 42-inch VCP trunk sewer. Challenges included accommodating developer and getting approval from LACSD.
Orange County, Laing Forster Ranch, Sewer Lift Station, Orange County, CA: Mr. Maeding originated plans for a sewer lift station with three pumps and electrical equipment, emergency backup generator and telemetry.
Eastern Transportation Corridor, Utility Relocations, Orange County, CA: Mr. Maeding was the drafter for nine wet utility relocations involving six different agencies. He assisted with construction of utility relocations by obtaining cost estimates for pipe and fittings, purchasing materials, and providing staking information to surveyors.
Beaumont/Cherry Valley Water District, GIS Data preparation, Beaumont, CA: Mr. Maeding supervised as-built drawing files in AutoCAD for several subdivision project water systems. The files were submitted as ESRI shape files and imported directly into the District GIS system using tools in AutoCAD to manipulate and check the data.
City of Fullerton, Amerige Heights Water and Sewer Master Plan, Fullerton, CA: Mr. Maeding created master plans including hydraulic models of proposed water and sewer system for 240 acres of mixed-use property.
LACDPW, Tesoro De Valle Sewer Master Plan, Los Angeles County, CA: Mr. Maeding prepared sewer master plan to serve 750 acres of residential lots, an 11-acre school site, and 8 acres of commercial use.
KEY FACTORS
31 years of experience and PE
registration
Proficient in CAD software.
procedures and organization
Demonstrated effectiveness at
plan preparation for agencies
Completed designs for sewer
and water systems
Experience with coordination of
dry utility facilities impacted
On-Call Civil Engineering, Project Management, and Support Services Jonathan Petke, PE
Sewer and Water Systems and Utility Coordination
Credentials:
BS University of California, Berkeley, 1996, Civil Engineering California, 2005, Registered Professional Engineer No. 67585 Professional Experience:
Mr. Petke has experience in project management, civil engineering design, hillside grading, infrastructure improvement engineering including street design, public agency plan processing, construction support, and dealing with endangered species habitat including mitigation design and implementation. He has also obtained encroachment permits for storm drains and utilities within the Public Right-of-Way in various jurisdictions of Southern California.
Key Projects:
City of Moreno Valley, Moreno Valley Transfer Station project, Moreno Valley, CA: Mr. Petke designed street, sewer, storm drain, water, WQMP, parking lot, and grading for industrial development for improvements to the Waste Management facility including a storage facility and truck maintenance facility.
City of Corona, Dos Lagos project, Corona, CA: Mr. Petke designed street, sewer, storm drain, water, golf course, and grading for mixed-use development.
City of Riverside, Lowe’s Shopping Center, Riverside, CA: Mr. Petke created street, sewer, storm drain, water, and grading design for urban shopping center.
Orange County, Ladera Ranch, Orange County, CA: Mr. Petke developed street, sewer, storm drain, water, and grading design for mixed use hillside development.
City of Los Angeles, Porter Ranch project, Porter Ranch, CA: Mr. Petke designed street, sewer, storm drain, water, SUSMP for water quality, and grading for mixed-use development and coordinated dry utilities including power with City of Los Angeles Department of Water and Power. Project also included 50-acre public park and more than one mile of public equestrian trail currently being processed with the City of Los Angeles.
City of Irvine, Crean Lutheran High School, Irvine, CA: Mr. Petke designed parking lot, athletic fields, sewer, storm drain, water, and grading for school facility including coordinating Caltrans encroachment permit for storm drain connection with SR 133 right-of-way.
City of San Juan Capistrano, Mission Inn Hotel project, San Juan Capistrano, CA: Mr. Petke designed street, sewer, storm drain, WQMP, water, parking lot, and grading for hotel & commercial development.
City of Los Angeles, The District at Northridge project, Northridge, CA: Mr. Petke designed street, sewer, storm drain, water, recreation facility, SUSMP for water quality, and grading for mixed-use development.
City of Irvine, Life Time project, Irvine, CA: Mr. Petke designed street, sewer, storm drain, water, parking structure, and grading for commercial fitness and recreation facility.
KEY FACTORS
27 years of experience with PE
registration
Knowledgeable of Federal,
State and local regulations
Created innovative solutions for
public facilities and roads
Expertise in environmental
mitigation strategies
Excellent communicator and
success in obtaining permits
On-Call Civil Engineering, Project Management, and Support Services David Francke, PE
Sewer and Water Systems and Utility Coordination
Credentials:
BS, California State Polytechnic, San Luis Obispo, 1985, Civil Engineering California, 1993, Professional Engineer Civil No. 49068 Professional Experience:
Mr. Francke has been a key member of numerous design teams during his career and has demonstrated his versatility in effectively handling all aspects of infrastructure (streets, storm drains, sanitary sewer, domestic and recycled water, dry utility coordination). He has also been involved in creation of parks and recreational facilities and grading of areas adjacent to streets to optimize their configuration and minimize earthwork.
Key Projects:
City of Ontario, Centerhouse, Ontario, CA Mr. Francke led team designing 0.5 miles of streets, sewer and water mains, storm drain and coordination of dry utilities, and grading plans for approximately 10 thousand cubic yards of mass excavation with related erosion control.
City of Los Angeles, Avenue 19 – Street Rehabilitation, Los Angeles, CA: Mr. Francke led the team that developed plans for 1/4 mile segment including traffic control, pavement rehabilitation, and new lane striping.
County of Contra Costa, Mustang Soccer Fields, Danville, CA: Mr. Francke led a team that designed the grading and utilities for two professional size soccer fields with 72,000 square feet of parking, sanitary sewer, domestic water and coordination of dry utilities to a two-story clubhouse.
City of Hercules, Hercules Village, Hercules, CA: Mr. Francke directed team that designed 4 miles of street and alley improvements, sanitary sewer, domestic water and coordination of dry utilities within the streets for a 220 home development.
City of Brea, Water Main Replacement and Street Rehabilitation, Brea, CA: Mr. Francke led the team that developed plans for one mile segment including traffic control and coordination of dry utilities within the streets.
City of Livermore, Robertson Park Maintenance Center, Livermore, CA: Mr. Francke directed team that designed the grading, parking lot, sanitary sewer, domestic water and coordination of dry utilities for the City’s maintenance center on 7 acres of City owned property.
City of Livermore, Robertson Park Soccer Fields, Livermore, CA: Mr. Francke led a team that designed the grading and utilities for two professional size soccer fields with 110,000 square feet Practice field, sanitary sewer, domestic water and coordination of dry utilities to a clubhouse.
Imperial Irrigation District, Imperial Dam, Yuma, AZ: Mr. Francke prepared grading plans for approximately 5 thousand cubic yards of mass excavation with related erosion control for a new electrical substation.
KEY FACTORS
37 years of experience and PE
registration
Knowledge of water, sewer and
recycled water systems
Capable coordinator of dry
utility system owner designs
Expert street designer in all
types of terrain
Experienced designer for storm
drain facilities
On-Call Civil Engineering, Project Management, and Support Services Jianhua “Gary” Guan, PE
Hydrology & Hydraulics, Drainage Design, & Master Plans Credentials:
BS, Tianjin University, China, 1992, Civil Engineering
MS, Clemson University, Clemson, South Carolina 1999, Water Resources and Applied Fluid Mechanics
California, 2003, Professional Engineer Civil No. C64519 Professional Experience:
Mr. Guan was heavily involved in various projects relating to all phases of hydrology analysis, design of flood control, erosion control, storm-water system and detention and water quality basins. He is also experienced in erosion and sedimentation analysis of river and watershed systems, and in master drainage planning. His experience also involves numerous projects with CLOMR (Conditional Letter of Map Revision) and LOMR (Letter of Map Revision) application through FEMA.
Key Projects:
City of Murrieta, Clinton Keith Road, Murrieta, CA: Mr. Guan performed detailed hydrology study for existing condition and proposed condition and generated unit hydrographs for detention basin design to mitigate storm events.
City of Hemet, West Hemet Master Drainage Plan, Hemet, CA: Mr. Guan created detailed hydrology study using CivilD program, suggested upgraded storm drain system and also generated hydrographs from detailed FLO-2D study.
City of Corona, Temescal Canyon Wash and Oak Street Channel, Corona, CA: Mr. Guan analyzed the existing and proposed condition for 8,000-foot reach of Temescal Canyon Wash and 1,000-foot reach of Oak Street Channel. He completed a report that suggested FIRM floodplain revisions and updated BFEs (Base Flood Elevations).
Coachella Valley Water District, Mirasera Flood Control Channel, Riverside County, CA: Mr. Guan evaluated part of ultimate Whitewater River with bottom of 110-feet with 1:1 side slope and depth is 18 feet for a design capacity of 23,200 cfs. The total channel improvement design is 90,000 feet long with a 7-cell 32'W x 10'H arch culvert crossing Washington Street and two in-channel basins are proposed to collect debris.
City of Long Beach, Douglas Park, Los Angeles County, CA: Mr. Guan performed a detailed hydrology analysis using for the 170-acre site and analyzed ponding for the sump locations. He created storm drain design of 1,000 feet 96" RCP, 900 feet of 66" RCP and squash box along with two CDS units for water quality flow treatment.
City of Tustin Legacy Park, Tustin, CA: Mr. Guan prepared hydrology, hydraulic analysis, erosion control for the 1,000- acre project site and provided innovative drainage solutions for the project due to the downstream high water surface elevations at Peters Canyon Wash where the site discharges.
Kern County Flood Control, Cuddy Creek, Kern County, CA: Mr. Guan did modeling of existing and proposed conditions for Cuddy Creek, sediment transport and debris basin study and prepared CLOMR package sent to FEMA.
City of Irvine, Heritage Fields Neighborhoods Infrastructure, Irvine, CA: Mr. Guan developed preliminary hydrology, hydraulic and water quality analysis for 3,700 acres and provided design updates for Bee Canyon, Agua Chinon,
KEY FACTORS
25 years of experience and PE
registration
Hydrology and hydraulics
expertise
Knowledge of river erosion and
sedimentation
Work on OC Flood facilities for
past projects
Experience with FEMA and the
CLOMR and LOMR process
On-Call Civil Engineering, Project Management, and Support Services Patrick L. Pagaduan, PE
Hydrology & Hydraulics, Drainage Design, & Master Plans Credentials:
BS California State University, Long Beach, 1992, Civil Engineering BA University of California, Irvine, 1987, Economics
California, 1996, Professional Engineer Civil No. 56820 Professional Experience:
Having worked as an engineer in the public sector, Mr. Pagaduan has experience in public works design and construction inspection. He also has indepth experience starting as an intern emphasizing hydrology and hydraulic analysis of private and public infrastructure systems, surface runoff, water quality analysis, and the design of drainage and storm drain systems.
Key Projects:
Riverside County, Redhawk Residences, Riverside County, CA: Mr. Pagaduan developed drainage and storm drain system designs with hydraulic analysis, design of drainage devices and catch basins, headwall design and energy dissipator calculations for a residential community of over 300 lots.
City of Huntington Beach, 1st Street Storm Drain, Huntington Beach, CA: Mr. Pagaduan designed drain and water quality system including hydrologic and hydraulic analysis of the 25- and 100-year storm events, 2,000 LF of reinforced concrete pipe, diversion structure and underground detention vault to provide 0.9 acre-feet of storage.
City of Huntington Beach, Pacific City, Huntington Beach, CA: Mr. Pagaduan conducted design for storm and water quality drainage systems involving analysis of the 25- and 100-year storm events, and analysis and design of surface flow water treatment systems for a mixed-use residential, retail and hotel site along the Pacific Coast Highway.
City of Palos Verdes Estates, Master Drain Improvement, City of Palos Verdes Estates, CA: Mr. Pagaduan prepared design of new, and reconstruct portions of regional drain in City of Palos Verdes Estates including the inlets, 7,200 linear feet of RCP (48" to 18" diameter), pavement, curb and gutter reconstruction in residential neighborhood.
City of Irvine, Tomlinson Park, Brea, CA: Mr. Pagaduan prepared design of drainage and storm drain systems with design and hydraulic analysis of regional drainage facility, and the interior backbone storm drain system, which conveys the 100-year storm event and structural calculations for a concrete box section.
City of Brea, Brea Plaza, Brea, CA: Mr. Pagaduan provided the design of a 4-cell reinforced concrete box to replace an existing trapezoidal channel for regional drainage facility to provide additional parking spaces for adjacent retail site.
Included analysis of the existing and ultimate flows.
Orange County, Borrego Canyon Wash Channel, Orange County, CA: Mr. Pagaduan performed hydraulic analysis for conveyance the 100-year storm event of 5,200 cfs, removal of the existing concrete trapezoidal channel, grading and all structural steel/concrete calculations for a reach of 2,700 linear feet and FEMA Analysis for CLOMR and LOMR.
City of Brea, Loftus Diversion Channel, Brea, CA: Mr. Pagaduan originated design of a 4-cell RCB to replace an existing natural/rip-rap trapezoidal channel with hydraulic analysis of the existing, interim and ultimate peak flows.
KEY FACTORS
37 years of experience and PE
registration
Past employment as an
engineer in public sector
Hydrology and hydraulics
expertise
Capable of structural analysis
for hydraulic structures
Experience with FEMA and the
CLOMR and LOMR process
On-Call Civil Engineering, Project Management, and Support Services Tu Trinh, PE
Hydrology & Hydraulics, Drainage Design, & Master Plans Credentials:
BS Virginia Polytechnic Institute and State University, 1997, Civil Engineering California, 2007, Professional Engineer Civil No. 71555 Professional Experience:
Mr. Trinh has provided professional hydrological design and engineering services to a wide variety of land development projects including residential developments, commercial and industrial developments, park and recreational facilities, and school sites. He has had key roles in design of the infrastructure systems to support these developments including storm drain, sewer, water, reclaimed water and dry utilities.
Key Projects:
Lake Hills, Riverside County, CA: Mr. Trinh performed hydrology and hydraulic design for 17,000 feet of 18"-72" storm drain and a 40 acre-foot retention basin for a 619 acres residential site City of Corona, Eagle Glen, Corona, CA: Mr. Trinh managed hydrology survey and analysis of 1,000-acre site, through use of record maps, Caltrans right-of-way maps and deeds, and United States Public Lands Survey data.
Plan Checking for the City of Anaheim, Anaheim, CA: Mr. Trinh responsible for review of drainage reports, storm drain improvement plans, erosion control plans and grading plans.
City of Anaheim, A-Town Metro, Anaheim, CA: Mr. Trinh prepared plans for the widening to the surrounding arterial streets and 5,000 feet of 18"-36" storm drain to serve the 43-acre mixed-use project.
City of Fullerton, Amerige Heights, Fullerton, CA: Mr. Trinh conceived master plans included hydraulic models of proposed water and sewer system and designed improvements to the surrounding arterial streets, sewer, water and 20,000 feet of 18"-120" storm drain for mixed-use development.
City of Fullerton, Shell Property, Fullerton, CA: Mr. Trinh performed hydrology design on this project that consists of a scope of work preparing entitlements, preliminary planning, specific plan, environmental coordination, planning, engineering and surveying for a 4,000-acre site in Yorba Linda and Fullerton.
Marriott Courtyard Hotel, Anaheim, CA: Mr. Trinh originated drainage study for the project site with trapezoidal channels/bio-swale designed around the development to treat the first flush and dry weather flows and also safely convey the 100-year storm runoff to the existing storm drain facilities.
Trendwest Hotel, Anaheim, CA: Mr. Trinh prepared drainage study for the development site including proposed relocation of existing catch basins and realigned existing storm drain due to the widening of the surrounding streets.
City of San Juan Capistrano, Pacific Point, San Juan Capistrano, CA: Mr. Trinh performed hydrology analysis of 562- acre site and prepared tract maps and legal descriptions associated with development of the property.
KEY FACTORS
27 years of experience and PE
registration
Hydrology and hydraulics
expertise
Effective work with Federal and
State regulatory agencies
Created water quality treatment
infrastructure
Experience as plan checker for
local agencies
On-Call Civil Engineering, Project Management, and Support Services Joanna Swiatkowska, EIT
Hydrology & Hydraulics, Drainage Design, & Master Plans Credentials:
M.S., Cracow University of Technology, 2001, Civil Engineering Engineer-in-Training (EIT) Review Course, 2002, UCLA
California, 2004, Engineer-in-Training No. 118298
Professional Experience:
Joanna possesses experience in planning and designing of drainage facilities, including channels and city-wide master planning of storm drain. flood control design, master planning hydrologic run-off analysis, pipeline and open channel hydraulic calculations, She is very capable with application of the Corps of Engineers computer programs (HEC-RAS, HEC-l, HEC-2, HEC-6), the Los Angeles County Flood Control District programs; RATIONAL, WSPG AES hydrology and hydraulic programs.
Key Projects:
San Manuel Band of Mission Indians Spring Water Access Road, San Bernardino, CA: Ms. Swiatkowska analyzed topographic map and established major and minor watersheds, compiled hydrology map, used AES software to determine expected stream flow during 100-year and 25-year flood event and prepared Hydraulics Report.
San Manuel Band of Mission Indians, Amberhill Channel Repair, San Bernardino, CA: Ms. Swiatkowska modeled hydraulics of existing earth channel for understanding the reason for its damage and evaluated repair alternatives.
San Manuel Band of Mission Indians San Manuel Village, San Bernardino, CA: Ms. Swiatkowska developed hydrology and hydraulic studies for minor watersheds using AES to calculate expected storm water flow and WSPG software was used to create design of four-line storm drain system and drainage facility.
City of Oceanside, Master Plan of Storm Drainage, Oceanside, CA: Ms. Swiatkowska established sub-basins within five major watersheds, storm drain information was collected from as-built drawings and electronic records then storm drains within each sub-basin were analyzed to determine their adequacy.
City of Lancaster, 10th Street, Lancaster, CA: Ms. Swiatkowska prepared hydrology and hydraulic studies for proposed 6,500 feet of storm drain and analyzed street capacity, design drainage facilities, size pipes and design vertical alignments.
City of Hawaiian Gardens Bloomfield Street, Hawaiian Gardens, CA: Ms. Swiatkowska designed a storm drain system of 48 to 30-inch RCP from Lincoln Avenue to 226th Street/Orange Avenue with outlet to San Gabriel River including hydrology and hydraulic studies and established horizontal and vertical alignments and all drainage facilities.
City of Poway Drain Replacement Project for Standish Drive, Poway, CA: Ms. Swiatkowska defined watersheds and each basin was analyzed using AES software to determine flows and WSPG models were prepared to analyze the HGL for the Hydrology and Hydraulics Report.
City of Escondido, Bear Valley/East Valley Parkway, Escondido, CA: Ms. Swiatkowska established watersheds then each basin was analyzed using AES software to calculate flows and four separate storm drain systems were designed.
KEY FACTORS
20 years of experience and EIT
training
In-depth knowledge of
hydrology and hydraulics
Capable with many software
programs for drainage
Developed drainage system
and watershed master plans
Prepared several floodplain
submittals to FEMA
On-Call Civil Engineering, Project Management, and Support Services Brian Lowell, PE
Water Quality Management Plan
Credentials:
BS California State Polytechnic, Pomona, 2006, Civil Engineering California, 2009, Professional Engineer Civil No. 74550 Hawaii, 2010, Professional Engineer Civil No. 13802
Qualified SWPPP Practitioner/Developer (QSP/QSD No. 20716) Professional Experience:
Mr. Lowell has been responsible for managing engineering and technical staff and has served as responsible engineer for residential and commercial projects throughout Southern California. His background includes extensive work on public streets and related storm drain, sewer, domestic water, recycled water and multiple dry utility systems.
Key Projects:
Arbor Vista, Tract 36479, City of Temecula, CA: Mr. Lowell led the engineering effort for a 93-lot residential development on 73 acres, involving street layouts, utility system designs, hydrology and hydraulic analysis and water quality for compliance with applicable City requirements.
Minor Ranch, City of Menifee, CA: Mr. Lowell was involved in the planning and entitlement effort of a 594-acre residential master planned community involving site layout, grading, streets, utility systems, hydrology and hydraulic analysis and water quality for compliance with applicable City requirements.
Tentative Tract Map 37621 Pimlico, City of Murrieta, CA: Mr. Lowell led the planning and entitlement effort for a 47- acre residential tract involving site layout, grading, streets, utility systems, hydrology and hydraulic analysis and water quality for compliance with applicable City requirements.
Tract Map 31497 Poppy Lane, City of Murrieta, CA: Mr. Lowell led the planning, entitlement and engineering effort for a 4.5-acre high density residential development involving site layout, grading, streets, utility systems, hydrology and hydraulic analysis and water quality for compliance with applicable City requirements.
Stoneridge Industrial, County of Riverside, CA: Mr. Lowell was involved in the planning and entitlement effort of a 583-acre industrial park involving site layout, grading, streets, utility systems, hydrology and hydraulic analysis and water quality for compliance with applicable County requirements.
Arantine Hills Tract 37030, City of Corona, CA: Mr. Lowell led the engineering effort of a 276-acre master planned residential development, involving site layout, grading, streets, utility systems, hydrology and hydraulic analysis and water quality for compliance with applicable City requirements.
Rubidoux Community Services District, Rio Vista, City of Jurupa Valley, CA: Mr. Lowell was involved in analyzing the existing sewer water and recycled water infrastructure required to service a 957 residential lot, 900-acre, hillside residential development, identifying deficiencies, recommending infrastructure improvements and requirements (8.5 miles of domestic water over three pressure zones, 9.3 miles of gravity sewer).
KEY FACTORS
24 years of experience and PE
registration
Knowledge of water, sewer and
reclaimed water systems
Experienced project manager
for infrastructure projects
Capable grading designer for
optimizing earthwork
Supervised multiple storm drain
facility designs
On-Call Civil Engineering, Project Management, and Support Services Martin Parker, CESSWI
Water Quality Management Plan
Credentials:
BA University of California, Irvine, 2004, Environmental Analysis and Design Certified Erosion, Sediment and Storm Water Inspector (CESSWI No. 2914) Professional Experience:
Mr. Parker is responsible for the preparation of documents including Storm Water Pollution Prevention Plans and Management Plans. Mr. Parker has been involved with many large and small scale planning projects that have dealt with a multitude of issues. He has experience in working with environmental concerns such as wetlands and with endangered species, with projects located on severe hillsides or having earthwork constraints.
Key Projects:
City of Irvine, The Great Park Neighborhoods, Irvine, CA: Mr. Parker managed preparation of a WQMP, which utilizes state-of-the-art media BMPs for 1,500 single-family residential units, condominiums, parks and private amenities.
Orange County, Rancho Mission Viejo, Orange County, CA: Mr. Parker directed development of a comprehensive WQMP in conjunction with the Site Development Permit for 160 single-family residential units on 20 acres of land.
City of Los Angeles, Porter Ranch, Los Angeles, CA: Mr. Parker administered project specific Standard Urban Storm Mitigation Plans, Storm Water Pollution Prevention Plan and water quality testing for 655-acre project with 2,500 residential dwelling units, parks, recreational amenities and a school site.
The Village at Bella Terra, Huntington Beach, CA: Mr. Parker directed preparation of a Final Water Quality Management Plan for a 19-acre mixed-use development consisting of 600,000 square feet of buildings.
Dana Point Hotel, Dana Point, CA: Mr. Parker completed a comprehensive management plan consisting of state of the art BMPs and a Green Roof to meet LID requirements for a proposed hotel on an infill development.
Los Alisos Apartments, Mission Viejo, CA: Mr. Parker implemented a Mr. Parker Management Plan in accordance with hydromodification requirements per the South Orange Model WQMP for a 320-unit apartment complex on an infill development site including landscaping and recreation areas.
The Collection and Buena Vista Creek, Oceanside, CA: Mr. Parker created a Priority development Storm Water Mitigation Plan incorporating Low Impact Development features and hydromodification mitigation for a hotel development consisting of three hotel buildings with shared outside amenities and attached restaurant/pavilion.
KEY FACTORS
21 years of experience and
CESSWI certification
Knowledgeable of Federal,
State and local regulations
Created innovative solutions for
storm water treatment
Expertise in endangered
species and wetlands
Excellent technical writer with
many report formats
On-Call Civil Engineering, Project Management, and Support Services Tommy Hsu, CPESC, CPSWQ, QSD/P
Water Quality Management Plan
Credentials:
BS University of California, Irvine, 1998, Applied Ecology MS University of Maine, 2000, Ecology and Environmental Science Certified Professional in Storm Water Quality (CPSWQ No. 0181) Certified Professional in Erosion and Sediment Control (CPESC No. 3311) Qualified SWPPP Developer (QSD No. 00646)
Professional Experience:
Mr. Hsu’s responsibilities include project scheduling and oversight as well as department development and maintenance. He prepares and also oversees development of water quality/NPDES related documents (SWPPP, SUSMP, LIDP, SWMP, WQMP, EIR Technical Reports); and provides post-construction BMP design.
Key Projects:
City of Anaheim, On-Call WQMP Plan Checking, Anaheim, CA: Mr. Hsu directed plan checking of P-WQMP and FWQMP associated with New Development and Significant Redevelopment projects within the City of Anaheim.
City of Tustin, On-Call WQMP Plan Checking, Tustin, CA: Mr. Hsu supervised plan checking P-WQMP and F-WQMP for the City of Tustin for multiple proposed developments.
City of Irvine, Great Park Neighborhoods, Irvine, CA: Mr. Hsu provided oversight for preparation of a comprehensive WQMP which utilizes state-of-the-art Natural Treatment System (Wetlands) and Biofiltration BMPs for proposed development of 1,500 single family residential units, condominiums and recreation facilities.
City of Tustin, Tustin Legacy Project, Tustin, CA: Mr. Hsu prepared revised WQMP incorporating LID designs to comply with current MS4 Permit requirements involving LID and Hydromodification.
Water Quality Related Plans: Mr. Hsu has prepared and directed preparation and approval of WQMPs, SUSMPs and SWMPs. Provide Quality Assurance and Control for Water Quality related documents.
Storm Water Pollution Prevention Plans: Mr. Hsu has prepared and managed preparation of SWPPPs for private sector and local and state agencies.
Construction Site Inspections and BMP Design and Installation: Mr. Hsu has more than 18 years of experience on conducting field inspections, BMP design (ESCPs) sampling and BMP installation. Knowledgeable in construction activities and phasing as it pertains to BMP phasing, installation and requirements.
Additional Plans and Reports: Mr. Hsu has prepared Fugitive Dust Control Plans, Spill Prevention, Control and Countermeasure Plans, Hazardous Material Business Plans, Environmental Impact Reports/Statements (EIR/EIS), EIR/EIS technical studies and dewatering plans.
KEY FACTORS
24 years of experience and
multiple certifications
Experienced project manager
for water quality assignments
Knowledge of Federal, State
and local regulations
Supervised innovative designs
for treatment facilities
Focused on effective and client
centered solutions
On-Call Civil Engineering, Project Management, and Support Services Tin Huynh, PE
Water Quality Management Plan
Credentials:
BS San Diego State University, 2003, Civil Engineering
California, 2006, Registered Civil Engineer No. 69273
Professional Experience:
Mr. Huynh’s experience involves hillside and flat land rough grading, new roadway and widening improvements for local and arterial classification streets, water and sewer pipeline plan and profile design, and precise grading of singlefamily residential lots, model lots, recreation areas, condominium developments, and shopping centers.
Key Projects:
Riverside County, French Valley, Winchester, CA: Mr. Huynh prepared final engineering design for 633 lot single family residential subdivision including of water and sewer pipelines for approval by Eastern Municipal Water District and realignment of an existing secondary highway.
City of Beaumont, Seneca Springs, Beaumont, CA: Mr. Huynh developed final engineering design for various arterial streets and widening of Pennsylvania Avenue to support proposed residential subdivision and future commercial development while maintaining minimum clearances to existing 30” high pressure gas line.
City of Palm Springs, Four Seasons, Palm Springs, CA: Mr. Huynh conducted final engineering for single-family subdivision with multiple recreation areas with community building, pool amenities, and play courts that involved rough grading, precise grading, street design, and water/sewer pipeline design.
City of Irvine, UCI East Campus Student Housing – Phase III, Irvine, CA: Mr. Huynh prepared final engineering for rough grading, precise grading, parking lot, infrastructure services, and drainage for the UCI Phase III student housing (720 units in 24 buildings and 6-story parking structure with surface parking lot).
Orange County, Ladera Ranch, Orange County, CA: Mr. Huynh developed preliminary and final engineering for luxury condominium and single-family developments.
City of Huntington Beach, Pacific City, Huntington Beach, CA: Mr. Huynh assisted in design of mixed-use development including upgrades to existing infrastructure, site plan and final engineering,
KEY FACTORS
23 years of experience and PE
registration
Excellent grading designer for
optimizing earthwork
Capable designer of water, and
sewer systems
Effective coordinator of grading
with drain designs
Experienced in upgrades of
existing infrastructure
On-Call Civil Engineering, Project Management, and Support Services Mabel Hill Garcia, PE
Grading Design and Site Planning
Credentials:
BS California State University, Long Beach, 1985, Civil Engineering MBA California State University, Long Beach, 1994
California, 1987, Professional Engineer Civil No. 42131 Caltrans sponsored Construction Management Training Program, 2010 Professional Experience:
Ms. Garcia has been responsible for managing projects from concept through entitlements, design and ultimately construction including leading extensive support efforts by the design team during construction. She has a diverse range of experience in designing roadways, from major arterial to local streets, sewer, water and storm drain design, and retaining wall design along with precise grading design.
Key Projects:
Caltrans, Laguna Canyon Road (SR-133), Orange County, CA: Ms. Garcia conducted preliminary design studies for the widening and realignment of Laguna Canyon Road from San Joaquin Transportation to City of Irvine limits.
City of Laguna Niguel, La Paz Road, Laguna Niguel, CA: Ms. Garcia directed design of widening of an existing collector roadway including sewer, water, signing and striping plans and traffic control plans for 1-mile segment. This was a very intricate project due to hilly terrain adjacent to the roadway and maintenance of traffic flow.
City of Laguna Niguel, Crown Valley Parkway, Laguna Niguel, CA: Ms. Garcia developed the design for widening of Crown Valley Parkway, an existing major arterial highway to improve operations of existing traffic patterns including relocation of existing medians, and all signing and striping plans plus traffic control during construction.
City of Laguna Niguel, Moulton Parkway, Laguna Niguel, CA: Ms. Garcia prepared the design of a major arterial highway and all the associated improvements, including sewer and water mains, and signing and striping.
City of Laguna Niguel, Rancho Niguel, Laguna Niguel, CA: Ms. Garcia was responsible for the design of arterial, collector and local roads (3.6 miles) and their curb and gutter, storm drain, sewer, water and erosion control.
Ocean Ranch Village Center, Laguna Niguel, CA: Ms. Garcia coordinated a redesign of the utility corridor where existing sewer, water, and drain were relocated while the existing tenants in the center were open for business.
Caltrans, Knott’s Berry Farm, Buena Park, CA (Beach Boulevard (SR-39) Off-Ramp: Ms. Garcia coordinated efforts for the acquisition of State right-of-way from Caltrans to allow an off- ramp to be constructed from Beach Blvd. into a Knott’s Berry Farm parking lot. Improvement plans were prepared and processed thru Caltrans and the city.
City of Irvine, Col. Bill Barber Marine Memorial Park, Irvine Ms. Garcia managed a team for design of a 32-acre sports park adjacent to the city’s civic center including precise grading, parking lots, sewer, water and drain plans.
City of Irvine, Great Park Neighborhoods Infrastructure, Irvine, CA: Ms. Garcia has been involved with project management activities from initial concept designs to preparation of construction documents. Infrastructure facilities consisted of street improvements, sanitary sewer, domestic water recycled water plans and coordination of dry utilities within the streets.
KEY FACTORS
41 years of experience and PE
registration
Experienced Project Manager
for infrastructure projects
Knowledge of water, sewer and
reclaimed water systems
Supervised multiple storm drain
facility designs
Capable grading designer for
optimizing earthwork
On-Call Civil Engineering, Project Management, and Support Services Vojta Safranek, PE
Grading Design and Site Planning
Credentials:
BS University of California, Irvine, 2004, Civil Engineering California, 2008, Professional Engineer Civil No. 73196 Professional Experience:
Mr. Safranek has 21 years of civil engineering experience that includes mass/rough grading and drainage design, roadway improvements, sewer and water infrastructure, and precise grading plan preparation. His management responsibilities include key roles in project coordination with clients, subconsultants and governmental agencies, as well as preparing contract specification documents, cost estimates and support services.
Key Projects:
City of Irvine, Lake Forest Drive/Laguna Canyon Road, Irvine, CA: Mr. Safranek developed 1/2 mile of Lake Forest Drive arterial street improvement plans done per Irvine, Lake Forest and Caltrans criteria including coordinating Laguna Canyon Road (SR-133) intersection upgrade with the agencies.
City of Irvine, Irvine Boulevard Rehabilitation/Widening, Irvine, CA: Mr. Safranek directed a team to prepare widening and improvement plans in accordance with City standards including temporary traffic control.
City of Tustin, Tustin Legacy (USMC Tustin Reuse), Tustin, CA: Mr. Safranek designed perimeter arterial roadways for 78-acre residential community that involved Department of Navy reviews.
City of Murrieta, Washington Avenue Improvements/Widening, Murrieta, CA: Mr. Safranek prepared plans for 1/2 mile of arterial highway widening and improvement plans including traffic control drawings per City standards.
City of Irvine, Irvine Boulevard Pedestrian Bridge at Ridge Valley, Irvine CA: Mr. Safranek administered design in compliance with Caltrans bridge criteria of steel pedestrian bridge for shared use Class I trail connectivity.
City of Tustin, Pedestrian Bridge, Tustin, CA: Mr. Safranek managed design steel pedestrian bridge meeting Caltrans bridge criteria pedestrian and Class I trail bridge overcrossing for safe access from residential areas to sports park.
City of Irvine, Bake Parkway/Lake Forest Drive Extensions, Irvine, CA: Mr. Safranek provided coordination of major arterial highway extension including improvements for San Diego, Veeh/Canada Creeks drainage crossings and three bridges and relocation of 24-inch IRWD recycled water pipeline and 66 KV overhead S.C.E. transmission line, City of Irvine, Sports Complex at Great Park, Irvine, CA: Mr. Safranek directed design of arterial roadways, storm drain system trail and sidewalk plus plans of sewer and water pipeline and 3 roadway undercrossing structures per Caltrans requirements were done along with 1 million CY of earthwork for development of the Sports Complex area.
City of Oceanside, Inns at Buena Vista Creek, Oceanside, CA: Mr. Safranek created grading and infrastructure design including a concrete box girder bridge crossing of Buena Vista Creek environmentally sensitive area to provide access to 12-acre site for future hotel complex in compliance EIR mitigation and Caltrans design criteria.
KEY FACTORS
21 years of experience and PE
registration
Large or small grading and
infrastructure projects
Roadways from local streets to
arterials
Design of public and private
sewer and water systems
Design of trail systems,
overcrossings and
undercrossings
Extensive bid document and
construction support capabilities
On-Call Civil Engineering, Project Management, and Support Services Geraldo Perez, PE
Grading Design and Site Planning
Credentials:
BS University of Santo Tomas, Manila, 1983, Civil Engineering California, 1993, Professional Engineer No. 50392
Professional Experience:
Mr. Perez’s civil engineering experience is well diversified and includes design exposure from initial preliminary studies and tentative mapping through final infrastructure improvement plans. He also has design background with hillside and flat land mass grading, new roadway and widening improvements, on-site residential and industrial land development, and integration of private and public improvements.
Key Projects:
Los Angeles County, Fullerton and Pathfinder Roads, Rowland Heights, CA: Mr. Perez developed designs for 2.5 miles of arterial highways, 6 miles of sewer and 3 miles of sewer for 1,500 acres development.
Los Angeles County, Vantage Pointe, Rowland Heights, Los Angeles County, CA: Mr. Perez led team doing extensive hillside grading to accommodate public highways, primary collector roads and local roads.
City of Anaheim, Anaheim Hills Festival in Anaheim, CA: Project Manager supervised design of an 80-acre shopping center included preparation of grading, sewer, water, storm drain and pavement plans.
City of Anaheim, Arena Corporate Center, Anaheim, CA: Project Manager performed extensive coordination with City planning and engineering staff and adjacent landowners for a large commercial, mixed-use development including 1,000,000 square feet of office, residential and hotel space with two parking structures.
City of Huntington Beach, Holly-Seacliff, Huntington Beach, CA: Mr. Perez was responsible for design of 2-acre park area for wetlands mitigation and an 8-acre community park with walking paths and sports amenities in addition to water and sewer to support 257-acre development.
City of Huntington Beach, Ocean Colony, Huntington Beach, CA: Mr. Perez managed the preparation of the rough grading plan, erosion control, street, sewer, water, precise grading, and retaining wall calculations.
City of Yorba Linda, Fairmont Estates, Yorba Linda, CA: Mr. Perez provided final engineering services for the modifications to arterial highway and design of sewer, water, drainage and utilities plans for this major project.
City of Diamond Bar, Diamond Crest Estates, Diamond Bar, CA: Mr. Perez conceived infrastructure systems and extensive hillside grading to allow for a residential community to be created.
City of Moorpark, Moorpark Country Club Estates, Moorpark, CA: Mr. Perez administered team designing 2 golf courses, practice range, park sites, trails, open space, tot lot, and recreation areas for 652-acre project.
City of Irvine, Great Park Neighborhoods, Irvine, CA: Mr. Perez created conceptual grading plan for 3,700 acres of residential, commercial, industrial, parkland, educational institutions, and a train station.
KEY FACTORS
39 years of experience and PE
registration
Knowledge of parks, trails and
other recreational facilities
Experienced water, sewer and
reclaimed water designer
Supervised multiple storm drain
facility designs
Conducted design of arterial
sand local streets
On-Call Civil Engineering, Project Management, and Support Services Amanda Coppola, PE
Grading Design and Site Planning
Credentials:
BS California State University, Long Beach, 2010, Civil Engineering California, 2016, Professional Engineer No. 85533
Professional Experience:
Ms. Coppola has expertise in street improvements and utility design (sewer, water, recycled) infrastructure on projects located in Southern California She has also developed water quality treatment BMP’s by innovative grading of available spaces. Ms. Coppola has extensive knowledge of traffic engineering from her prior work at the Port of Long Beach ranging from conceptual traffic studies through final design and support during construction while working under senior traffic engineers.
Key Projects:
City of Huntington Beach, Shopping Center Infrastructure, Huntington Beach, CA: Ms. Coppola developed detailed design overall grading plans plus street improvements, parking area, water and sewer design for the project.
City of Costa Mesa, Maple Crossing Shopping Center Infrastructure, Costa Mesa, CA: Ms. Coppola developed detailed design plans for street improvements, parking area, water and sewer design and of the project site.
City of Chino Hills, Bristol Development, Chino Hills, CA: Ms. Coppola developed detailed design plans for street improvements, parking area, water and sewer design for the hilly terrain residential site.
City of Irvine, University of California (Irvine) Irvine, CA: Ms. Coppola developed detailed design plans for student housing complex including grading design, street improvements, parking area, water and sewer design.
City of Long Beach, El Dorado Neighborhood Infrastructure, Long Beach, CA: Ms. Coppola was involved from initial concept designs to preparation of construction documents for street improvements, water and sewer design and overall grading of the project site and roadways.
City of Irvine, Great Park Neighborhoods Infrastructure, Irvine, CA: Ms. Coppola developed grading of the overall site and the proposed street improvements requiring 1 million cubic yards of earthwork.
City of Huntington Beach, Pacific City Infrastructure, Huntington Beach, CA: Ms. Coppola prepared the construction documents for street improvements, water and sewer design and overall grading of the project site and roadways.
KEY FACTORS
14 years of experience and PE
registration
Highly capable on traffic
engineering issues
Extensive street improvement
design in urban areas
Knowledgeable of sewer, water
and recycled systems
Experience with treatment
BMP’s and related grading
On-Call Civil Engineering, Project Management, and Support Services Robert Beuschlein, PLS
Surveying, Cross Sections, R/W Determinations, and Legals Credentials:
Orange Coast College, 1986-87 Surveying and Mapping
FEMA Flood Certificate Workshop 2003
California, 2002 Professional Land Surveyor No. 7874
Nevada, 1997 Professional Land Surveyor No. 12748
Professional Experience:
Mr. Beuschlein has extensive surveying experience including boundary analysis for large projects including MWD aqueduct covering 13 miles and many smaller projects. He also prepared Topographic Surveys, Record of Survey maps, Parcel Maps and Tract Maps along with the preparation of legal descriptions and accompanying exhibits. He has experience in GPS survey methods and data post processing.
Key Projects:
County of Riverside (TLMA), On-Call Surveying Services, Riverside, CA: Mr. Beuschlein directed personnel who provided on call surveying and map checking services included reviewing title reports, verifying closures, verifying easements, survey analysis, topographic data collection, monument perpetuation and construction staking.
City of Moreno Valley, On-Call Surveying Services, Moreno Valley, CA: Mr. Beuschlein managed a team that performed various tasks including recon of monuments with corner records, cross-sections, aerial surveys, construction staking and survey map checking.
City of Irvine, USMC El Toro Reuse Boundary Survey, Irvine, CA: Mr. Beuschlein was part of the team that performed in-depth research of boundary data, made extensive field survey to confirm boundary and compiled boundary map information.
City of Irvine, Jamboree Road Improvements, Irvine, CA: Mr. Beuschlein directed the establishment of project controls and design surveying, compilation of monumentation documents and preparation of the Record of Survey for the realignment of Jamboree Road in compliance with OC Flood and City criteria.
City of Irvine, I-5/Jamboree Road Interchange, Construction Staking, Irvine, CA: Mr. Beuschlein had responsibilities that included construction staking for rough grades, TCE Lines, control for drainage areas; storm drain stakes for mains, laterals, structures; stakes for the construction of Retaining Walls and Record of Survey Mapping.
City of Coachella, Dillon Road Grade Separation, Coachella, CA:Mr. Beuschlein had responsibilities that included survey control; rough grade stakes; MSE wall panels; edge of pavement; bridge stakes for footings, shear keys, wing walls, bents, and edge of deck; and stakes for sewer, storm drain; domestic water and irrigation water.
City of Palm Desert – Highway 111, Palm Desert, CA: Mr. Beuschlein analyzed 200 property documents and provided calculations for setting 250 right-of-way monuments for a Record of Survey for Highway 111 (4 Miles).
KEY FACTORS
37 years of experience and PLS
registration
Highly capable at boundary
research and analysis
Field and office background
provides excellent insights
Prepared tract and parcel maps
and legal descriptions
Performed deign surveys and
construction staking
On-Call Civil Engineering, Project Management, and Support Services Jason R. Kinnie, PLS
Surveying, Cross Sections, R/W Determinations, and Legals Credentials:
Undergraduate Studies – Fort Lewis College, Durango, Colorado California, 1994, Professional Land Surveyor /#7090
Professional Experience:
Mr. Kinnie has been involved in the preparation and processing of Tentative and Final Parcel/Tract Maps, Lot Line Adjustments, ALTA Land Title Surveys, Title Reports, Parcel Maps, Legal Descriptions, Certificate of Compliance, Record of Surveys, Final Monumentation, Right-of-Way Determinations Mapping, Right-of-Way Engineering, Cadastral Mapping, GPS Projects, Photo Control Surveys, As-Built Surveys, GPS data reduction and adjustments. He is highly proficient in AutoCAD Land Development Desktop and proficient in Civil 3D and InRoads for survey applications.
Key Projects:
City of Long Beach, Street Rehabilitation Projects Topographic Surveys, Long Beach, CA: Mr. Kinnie administered topographic surveys for portions of Spring Street, Los Coyotes Diagonal, Wardlow Road and Atlantic Avenue totaling approximately 47,500 L.F. Work included aerial mapping, recovery of centerline monumentation, level runs, cross-section surveys, location of surface utilities, location and details of driveways and curb ramps and calculation of record R/W lines.
City of Anaheim, Lincoln Avenue and State College Boulevard Topographic Survey, Anaheim, CA: Mr. Kinnie facilitated aerial topographic mapping for a four-mile segment of Lincoln Avenue and State College Boulevard that included aerial control, centerline survey, establishment of right-of-way lines, cross-section surveys, detailed design surveys and digital terrain model of the roadway.
City of Costa Mesa, 18th Street Topographic Survey, Costa Mesa, CA: Mr. Kinnie managed aerial topographic mapping that included aerial control, centerline survey, establishment of right-of-way lines, cross-section surveys, detailed design surveys and digital terrain model of the roadway for a one-mile portion of 18th Street from Whittier Avenue to Anaheim Avenue.
City of Lake Elsinore, Railroad Canyon Road Widening, Lake Elsinore, CA: Mr. Kinnie determined the street rightof-way, processed the boundary survey and prepared the Record of Survey documents for street improvements plans in compliance with City standards for 3,000 feet of widening.
Caltrans, Ortega Highway Widening, Orange County and San Juan Capistrano, CA: Mr. Kinnie supported boundary surveying, GPS processing, aerial control, project control, centerline re-establishment and ultimate Right-of-Way monumentation for this highway widening project.
California Highway Patrol, Facilities Topographic Survey and Encumbrance Map, Vista, CA: Mr. Kinnie administered detailed design topographic survey used to design the new CHP station and site improvements. Work included boundary surveys, boundary analysis, determination of existing Right-of-Way lines and legal description for acquisition of the property.
KEY FACTORS
38 years of experience and PLS
registration
Experienced QA/QC expert for
survey and mapping work
Knowledge of boundary
determination and documents
Supervised field survey and
office mapping staff
Past work in design surveys
and construction staking
On-Call Civil Engineering, Project Management, and Support Services Michael Tice, PLS
Surveying, Cross Sections, R/W Determinations, and Legals Credentials:
BS California Polytechnic, Pomona, 1988, Engineering Technology California 1995 Professional Land Surveyor No. 7201
Instructor for Upper Level Surveying Courses, Rancho Santiago College Professional Experience:
Mr. Tice has experience in a wide variety of surveying projects. Mr. Tice has experience in GPS surveying, aerial topographic surveys and boundary surveys, ground topographical surveys, and infrastructure and construction surveys. Mr.
Tice has been the Project Manager for several large projects involving several survey crews, office personnel, government officials and a variety of clientele. He is also in charge of the scheduling, time management and billing of 18 field crews with total of more 40 employees in department.
Key Projects:
City of Newport Beach, Newport Coast, Newport Beach, CA: Mr. Tice as field survey director administered several crews doing design topography and construction staking for 20 million cubic yards of grading, street improvements, sewer, domestic and recycled water systems, multiple sewer lift stations and large storm drain structures.
Port of Long Beach, Pier “T” Marine Terminal, Long Beach, CA: Mr. Tice as field survey director oversaw the field staking of limits of work and demolition limit staking, rough grades and a grid system for the installation of the base course and paving, underground utilities including storm drain, water, sewer, electrical equipment and the rail system.
City of Azusa, Mountain Cove, Azusa, CA: Mr. Tice as field survey director supervised staff performing topographic survey for the design of sewer and water infrastructure, staking of arterial roadways including all utilities, sewer and water infrastructure as well as the construction of 3 bridges over the San Gabriel River and over 400 home sites.
Department of the Army – L.A. District Corps of Engineers: Mr. Tice as field survey director organized staff who performed Aerial Control and Field Survey to establish horizontal and vertical control for photogrammetry. The horizontal locations were determined using GPS observations as part of a 2-Year “On-Call” Surveying Contract.
Segerstrom High School, Santa Ana Unified School District, Santa Ana, CA: Mr. Tice as field survey director coordinated all surveying and construction staking for all underground utilities, several buildings, athletic fields, parking lots and all associated site work. Also provided a complete boundary survey as well as an ALTA survey for this property.
Santa Margarita Catholic High School, Rancho Santa Margarita, CA: Mr. Tice as field survey director oversaw all surveying and construction staking 12-acre project that included precise grading and area drains design for soft ball fields, parking lot modifications and tennis courts, portable classroom buildings, Sports Plaza, and Olympic pool.
Fullerton College, North Orange County Community College District, Fullerton, CA: Mr. Tice as field survey director supervised staff that provided research of as-built plans, provided new aerial topography base map, surveyed existing surface and subterranean utility tunnels for utilities locations; plotted as-built and field located all existing facilities and buildings.
KEY FACTORS
39 years of experience and PLS
registration
Experienced manager of H&A
field survey activities
Performed design and
boundary surveys
Expert at construction staking
and as-built surveys
Supervised surveying for Corps
of Engineers
On-Call Civil Engineering, Project Management, and Support Services
Robert Wheeler, PLS
Surveying, Cross Sections, R/W Determinations, and Legals Credentials:
BS California State Polytechnic University Pomona 2008 Civil Engineering, California 2009 Professional Land Surveyor No. 8639
Professional Experience:
Mr. Wheeler has extensive experience in Land Surveying being involved since before completing his college education in boundary resolution, horizontal control, encumbrance maps, topographic mapping, ALTA mapping, preparation of legal descriptions, lot line adjustments, record of surveys, subdivision maps, condominium conversions, new condominium project developments, and preparation of other survey related exhibits.
Key Projects:
City of Long Beach, Promenade, Long Beach, CA: Mr. Wheeler assisted in preparation and quality control checking of ALTA survey, preparation and quality control checking of tract map, right of way vacation legal descriptions, centerline tie notes and submittals associated with the project.
City of Long Beach, West Gateway, Long Beach, CA: Mr. Wheeler investigated, planned, analyzed and prepared ALTA and assisted in preparation of tract map, coordinated submittals, prepared centerline tie notes associated with the project and legal description for vacation of Maple Way and Virginia Court.
City of Long Beach, Douglass Park, Long Beach, CA: Mr. Wheeler developed legal description for storm drain easements and street dedication for development of Boeing property near Long Beach Airport.
City of Brea, La Floresta, Brea, CA: Mr. Wheeler organized legal descriptions for SCE easements, prepared plat and submittal package of Caltrans right of way map for Imperial Highway associated with the project.
City of Irvine, Heritage Fields (USMC El Toro reuse), Irvine, CA: Mr. Wheeler compiled record of survey, legal descriptions for CFD’s, grant deeds, easement vacations, right of way, and title exhibits and exhibits.
City of Irvine, Bake/Lake Forest Extension, Irvine, CA: Mr. Wheeler developed legal descriptions for right of way dedication, grant deeds, vacations and quitclaims of easements, new easements and rights of way for the Bake Parkway and Lake Forest Drive extension.
City of Anaheim, A-Town/Platinum Triangle, Anaheim, CA: Mr. Wheeler prepared ALTA surveys, final maps, and right of way dedication and vacation documents for project near Angel Stadium in dense urban area.
Riverside County, Desert Dunes Golf Course, Riverside County, CA: Mr. Wheeler participated in various survey and mapping activities including final maps, lot line adjustments, legal descriptions and various exhibits for 640-acre residential and golf course development.
City of Menifee, Cimarron, Menifee, CA: Mr. Wheeler coordinated various survey and mapping activities including ALTA surveys, final maps, legal Description, right of way dedications and vacations for a 599-lot development.
KEY FACTORS
29 years of experience and PLS
registration
Experienced in title, easement
and boundary research
Knowledge of Caltrans right-ofway procedures
Supervised numerous ALTA
investigations
Capable of compiling field and
office research effectively
On-Call Civil Engineering, Project Management, and Support Services
HOURLY RATE SCHEDULE
Hunsaker & Associates Irvine, Inc.
Fixed Rates
for this Contract
Office Staff Schedule
Principal ................................................. $240/hour Project Manager ..................................... $210/hour General Office Staff ................................ $190/hour (Engineer, Surveyor, CAD Technician)
Prevailing Wage-Union Schedule
Field Survey One-Person Crew .............. $260/Hour
Field Survey Two-Person Crew .............. $330/Hour
Field Survey 3-Person Crew .................. $400/Hour Travel Time:
Zero/One Person .................................... $190/Hour Two Person ............................................ $230/Hour Three Person ......................................... $300/Hour The above rates are for all professional staff and will be valid for the initial 2-year contract period in accordance with the contract. We do not bill for secretarial or other office support personnel. We also do not bill for computer time and minor copying.
It should be noted that our fee does not include the cost of reproductions, computer plotting or deliveries. Outside services will be invoiced directly to you through your suppliers or at cost plus 10% when invoiced through Hunsaker & Associates Irvine, Inc.
All travel lodging, meals, onsite transportation, auto, or truck rental and fuel costs are reimbursable to H&A at cost plus 10% in addition to the stated fees.
Invoicing will be on a monthly basis and payable within 30 days after receipt of our invoice. Should payment not be received within thirty (30) days, a one and one-half percent (1½%) per month late fee will be charged on any unpaid balance. The rates for this contract are subject to an increase at the end of the 3-year contract period.
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PROFESSIONAL SERVICES AGREEMENT
KDM Meridian
On-Call Civil Engineering Consulting Services
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of September 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and KDM MERIDIAN, a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the professional services of a qualified licensed civil engineering firm to provide as-needed civil engineering consulting services, including public works engineering, project management, capital improvement project delivery, engineering plan review, as well to provide the City with other as-needed engineering, project management and support services, that may be required on an on-call basis (the “Project”).
B. In response to City’s Request for Proposals (RFP), dated May 2, 2024, Consultant has submitted to City a proposal, dated July 11, 2024, to provide the City with professional civil engineering consulting services for the Project pursuant to the terms and conditions of this Agreement.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide the professional civil engineering consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, certification, specialized equipment, or technical expertise necessary to perform the work and services contracted for herein.
D. City desires to retain Consultant to provide such professional civil engineering consulting services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional civil engineering consulting services for the Project as set forth in the Proposal/Scope of Work, dated July 11, 2024, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and
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understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Consultant represents that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated July 11, 2024 submitted to the City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal/Scope of Work is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. 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 Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless
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from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Annual Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including
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authorized reimbursements, in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum annual contract amount One Hundred Fifty Thousand Dollars ($150,000.00) (hereinafter referred to as the "Maximum Annual Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”.
The Maximum Annual Contract Amount shall include the attendance of Consultant at all Project meetings deemed reasonably necessary by the City. Consultant shall not be entitled to any increase in the Maximum Annual Contract Amount for attending these meetings. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section
4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from September 1, 2024 through August 31, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.
Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of June of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
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2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.
When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on September 1, 2024 and ending on August 31, 2029 ("Initial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term under the same terms and conditions (“Renewal Option”).
3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first
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having issued a project task order.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Richard D. Maher, PLS, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
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A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement as required by law and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility & Indemnification.
A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
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B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.
Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall
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obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.
1. Intentionally omitted.
2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or
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Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
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5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum 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. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of
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the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
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recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
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7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City
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shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
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9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in
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the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Consultant: KDM Meridian
Attention: Richard C. Maher, PLS, President
1340 Reynolds Avenue, Suite 110
Irvine, California 92614
Telephone: (949) 768-0731
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
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Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.9 Labor Code Requirements.
A. Prevailing Wages. 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 rates and the performance of other requirements on "public works" and "maintenance" projects. If the Work or 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 Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
GREGORYE. SIMONIAN,
City Attorney
1836871 I
4859-2153-8519, V. 1
(SEAL)
20 "CITY"
CITY OF LAGUNA HILLS,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
"CONSULT ANT"
KDM MERIDIAN, a California
corporation
RlCOC.MAHER,
B
-==:::
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4859-2153-8519, v. 1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
ON-CALL CIVIL ENGINEERING CONSULTING SERVICES
DATED: JULY 11, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
i
COVER LETTER
July 11, 2024
City of Laguna Hills
Attention: Joe Ames
Public Works Director | City Engineer
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Proposal Submission for On-Call Civil Engineering, Project Management, And Consulting Services Dear Mr. Ames,
KDM Meridian is excited to submit our proposal for the on-call civil engineering, project management, and consulting services as outlined by the City of Laguna Hills. With a track record that commenced in 2000, we have become a cornerstone in the land surveying industry, providing precise and innovative solutions across a spectrum of projects.
Our portfolio includes extensive involvement in map checking, topographic surveys, monument preservation, legal descriptions and plats, and construction staking. We are known for our rapid response to service requests and our strategic approach to managing both routine and emergency survey needs. Our team employs cutting-edge technologies such as GPS, LiDAR scanning, and mobile terrestrial laser scanning, optimizing safety and accuracy especially in challenging environments.
The trust placed in us by municipalities and private sector clients alike is something we value deeply. At KDM Meridian, we are committed to delivering results that not only meet but often exceed the expectations laid out by our clients. We are looking forward to exploring potential synergies with the City of Laguna Hills and are prepared to tailor our services to align seamlessly with your project requirements and timelines.
KDM Meridian’s Commitment to Buy California
As a proud California-based firm, KDM Meridian is deeply invested in contributing to our state’s economy and communities. Our entire team resides within California, ensuring that our work directly benefits local businesses, schools, and public services. By selecting KDM Meridian for your project needs, the City of Laguna Hills will be supporting a local firm that is dedicated to fostering economic growth and sustainability within our state. We are committed to a partnership that prioritizes the prosperity of California and invites the City to join us in this endeavor.
We cordially invite the selection committee to visit our office in Irvine. With prior arrangement, we would be honored to showcase our operations, introduce our skilled team, and discuss how we can specifically support the City of Laguna Hill’s needs.
Thank you for considering our proposal. We are eager to discuss how we can bring our expertise and dedication to your projects and are available for further discussions at your convenience.
Respectfully,
Richard C. Maher, PLS
President
[email protected]
ii
Table of Contents
Cover Letter ................................................................................................................................................... i Table of Contents .........................................................................................................................................ii Company Data ................................................................................................................................................
Firm Overview & Financial Condition.....................................................................................................Page 1 Comparable Contracts ......................................................................................................................Page 2-3 Resumes and Qualifications of Personnel ...............................................................................................
Resumes..........................................................................................................................................................
Richard C. Maher, PLS, President ................................................................................................Page 4 Patrick Earl, PLS, Survey Manager...............................................................................................Page 5 Tiffany Padilla, PLS, Project Surveyor...........................................................................................Page 6 Kathleen Layaoen, PLS, Project Surveyor ....................................................................................Page 7 Keith Klagge, PLS, Project Surveyor.............................................................................................Page 8 Qualification of Support Personnel...........................................................................................Page 9-10 Organizational Chart ........................................................................................................................Page 11 References ....................................................................................................................................Page 12-15 Project Understanding, Overview and Approach ..................................................................Page 16-26 Schedule .............................................................................................................................................Page 27 Communication Plan ........................................................................................................................Page 28 Compensation/Payment Schedule ........................................................................... Submitted Separately Appendices .....................................................................................................................................................
Non-Collusion Affidavit................................................................................................................Page 29 Certificate of Insurance ...............................................................................................................Page 30 Certificate of Proposal............................................................................................................Page 31-32
1 Company Data
KDM Meridian (KDM): Founded in February 2000, KDM Meridian stands at the forefront of the land surveying industry, specializing in GPS, LiDAR scanning, conventional land surveying, and map checking. Our firm excels in adapting advanced technologies and methodologies to meet the intricate needs of both public and private sectors.
Leadership: Under the visionary leadership of Mr. Richard C. Maher, PLS—our founder and principal owner with over three decades of experience in all major survey disciplines—KDM has emerged as a leader in complex surveying projects. His expertise spans across private and public works, steering our firm to become a cornerstone in the industry.
Corporate Stability and Ethics: As a registered California corporation based in Irvine, KDM is a financially robust and debt-free entity. Our integrity is reflected in our unblemished legal and financial history, free of any litigation or adverse judgments since our inception. We pride ourselves on our ethical business practices, never having faced Termination for Cause. This steadfast reliability and dedication to ethical standards have earned us the trust and respect of a diverse clientele.
Client Relationships and Service Excellence: Over the past two decades, KDM has cultivated strong relationships with numerous local, regional, and federal agencies, alongside partnerships with other surveying firms, utility companies, developers, consulting firms, and construction companies. Our commitment to delivering tailored and responsive services has made us a preferred partner in the surveying industry.
Professional Team and Capabilities: Our team comprises approximately 20 dedicated professionals, including five California Licensed Land-Surveyors and two certified Land-Surveyors-In-Training. With the capacity to deploy up to four twoperson crews simultaneously, we efficiently manage projects of any scale and complexity. The breadth and depth of our team's expertise ensure the highest quality of service in public works design improvement and private land development projects.
Commitment to Excellence: At KDM, each project is approached with a relentless commitment to professionalism and technical excellence. We are dedicated to maintaining high standards in all our engagements, ensuring that our solutions not only meet but exceed the expectations of our clients.
TYPES OF SERVICES
Map Checking
Topographic Survey
Aerial Mapping
LiDAR Scanning
Boundary Establishment
Geotechnical Survey
Bathymetric Survey
Monument Preservation
Construction Staking
Lot Line Adjustment
ALTA Survey
Slope Monitoring
Mean High Tide Survey
GIS Integration
YEAR FOUNDED
2000
FORM OF ORGANIZATION
Registered CA S-Corporation
Federal ID: 33-0897262
Certified Small Business
ID# 31074
DIR Registered Contractor
No. PW-LR-1000404965
OFFICE LOCATION
1340 Reynolds Ave | Suite 110
Irvine, CA 92614
949-768-0731
[email protected]
www.KDMMeridian.com
2 Comparable Contracts
Client Relationships and Confidentiality
At KDM Meridian, the foundation of our success lies in the strong relationships we build with our clients. Our company culture is anchored in trust, commitment, and excellence. We ensure that each client not only receives outstanding results from our services but also experiences a partnership that prioritizes their unique needs and objectives. This commitment has enabled us to foster long-lasting relationships that extend beyond mere business transactions into genuine partnerships.
Client Satisfaction and Engagement
We go beyond traditional client interactions by involving them in a collaborative process. Our approach is proactive and client-centered, involving regular updates, strategic meetings, and transparency of processes. This ensures that every client is well-informed and confident in the progress and quality of the work being undertaken. Each project is tailored to not only meet but exceed our clients’ expectations, which is reflected in our high client retention rates and the consistent positive feedback we receive.
Privacy and Confidentiality
While we cherish the trust our clients place in us, we also respect their privacy and confidentiality. In response to your request for a detailed list of our past and current clients, we maintain a strict confidentiality policy to safeguard their information. However, we understand the importance of transparency in demonstrating our extensive experience and capabilities.
Offer of References
To this end, we are pleased to offer specific references and case studies that showcase the breadth and depth of our services, upon request. These references have been carefully selected to provide a comprehensive overview of our capabilities and the quality of our work, adhering strictly to our confidentiality commitments. Each reference and case study are a testament to our ability to deliver tailored solutions that uphold the highest standards of quality and client satisfaction.
Examples of Engagements
Over the past five years, we have had the privilege of working with various agencies, providing them with exemplary map checking and conventional surveying services. Some of these collaborations include:
• City of Ontario: On-Call Map Checking & Surveying Services since 2015. • City of Fullerton: Long-term partnership providing On-Call Map Checking & Surveying Services. • City of Laguna Beach: Ongoing On-Call Surveying Services tailored to city-specific needs. • City of Oceanside: Comprehensive Map Checking & Surveying Services initiated in 2017. • City of Anaheim: Diverse Surveying Services under a continuous contract since 2007. • City of Stanton: On-Call Map Checking & Surveying Services begun in 2021. • Moreno Valley: Specialized On-Call Surveying Services since 2004. • Rainbow Municipal Water District: Dedicated Surveying Services since 2018.
By maintaining these strong relationships, KDM Meridian continues to be a leader in providing tailored, high-quality surveying services that meet the complex demands of our clients.
3 These are merely examples of our extensive work history. We encourage you to contact any of these agencies for a direct referral and feedback on our services.
City of Ontario
Year: 2015 – On-going
Scope of Work: On-Call Map Checking & Surveying
Project Manager: Bryan Lirley, PE
Assistant City Engineer
[email protected]
(909) 395-2137
City of Fullerton
Year: 2005 – On-going
Scope of Work: On-Call Map Checking & Surveying
Project Manager: David Grantham, PE
Asst. PW Dir/City Engineer
[email protected]
(714) 738-6853
City of Laguna Beach
Year: 2002 – On-going
Scope of Work: On-Call Surveying
Project Manager: Mark Trestik, PE
PW Dir/City Engineer
[email protected]
(949) 497-0300
City of Oceanside
Year: 2017 – On-going
Scope of Work: On-Call Map Checking & Surveying
Project Manager: Paul Pham, PE
City Development Engineer
[email protected]
(760) 435-5030
City of Anaheim
Year: 2007 – On-going
Scope of Work: On-Call Surveying
Project Manager: Raul Garcia, PE PLS
Construction Services Manager
[email protected]
(714) 765-5255
City of Stanton
Year: 2021 – On-going
Scope of Work: On-Call Map Checking & Surveying
Project Manager: Cesar Rangel, PE
PW Dir/City Engineer
[email protected]
(714) 890-4203
City Moreno Valley
Year: 2004 – On-going
Scope of Work: On-Call Surveying
Project Manager: Quang Nguyen, PE
CIP Principal Engineer
[email protected]
(951) 413-3159
Rainbow Municipal WD
Year: 2018 – On-going
Scope of Work: On-Call Surveying
Project Manager: Malik Tamimi, PE
Sr. CIP Project Manager
[email protected]
(760) 728-1178 ext. 173
4 Richard C. Maher, PLS
President
(949) 768-0731
[email protected]
ichard C. Maher is a Professional Land Surveyor (PLS) registered in both the State of California & State of South Dakota, and President of the KDM Meridian, a Land Survey & Mapping firm founded in 2000, which specializes in GPS, LiDAR scanning, conventional land surveying, and map checking. He began his career in the land surveying and civil engineering industry in 1990, was a founding member of KDM Meridian in 2000, and is now the current owner & president of KDM Meridian.
Richard has worked extensively in all facets of land surveying with over one hundred different local, county, and state agencies and utilities districts. He has provided right-of-way engineering, annexations, heavy and light construction staking, design topographic surveys, aerial control networks, legal descriptions, boundary surveys, records of survey, and parcel and tract map preparation and checking. He maintains his knowledge of state-of-the-art technology, hardware, and software used industry wide.
Summary of Experience
• City of Buena Park, Regio Avenue Rehab Project | Technical Approach Development. • City of Oceanside, Citywide Ramp and Sidewalk Improvements Project | Technical Approach Development.
• City of Fullerton, Victoria Drive Improvements Project | Principle-in-Charge/Technical Approach Development.
• City of Anaheim, Crescent Avenue Boundary Survey | Senior Supervising Project Manager /Technical Approach Development.
Speaking Engagements
• CLSA1/NALS2 State Conference, CA: Real Time GPS Network: 2013 • LCSO3 Geospatial Symposium, CA: Spatial Reference System: 2013 • CLSA/NALS State Conference, CA: Spatial Reference System: 2014 • Fresno State University Conference, CA: Least Squares Adjustments: 2015 • CLSA State Conference: Joint Professional Practices Committee Panel (Moderator):
2017
• CLSA: Statewide Map Process Procedures: 2019
• CLSA Orange County: Instructor for GPS, Geodesy, and State Plane Coordinates:
2019 to Present
References
Raul Flore, Engineering Manager | City of Whittier
(562) 567-9525 | [email protected]
Melissa Rendon, Project Manager | City of Fullerton
(714) 738-6886 | [email protected]
Alpha Santos-Guinto, Project Manager | City of Laguna Beach (949) 497-0729 | [email protected]
R
Years in Survey Industry
• 34
Years as Licensed PLS
• 24
Professional Land Surveyor Licensed In:
• State of California 7564
• State of South Dakota 16612
Education
• California State University,
Fullerton: Various Coursework |
Civil Engineering. 1990-1992
• University of California,
Riverside Extension: Certificate
| GPS Technology. 2010-2012
• CLSA Seminars/Conferences,
Continuing Education: Various
Courses. 1996-Present
Professional Experience
• President/Owner: KDM
Meridian, Irvine, CA, 2000-
Present
• Survey Manager: NorrisRepke, Inc., Santa Ana, CA,
1990-2000
Affiliations
• California Land Surveyors
Association (CLSA): Director
• CLSA – Orange County
Chapter: Secretary; Past
Chapter President 2020
• Joint Professional Practices
Committee (JPPC): Member
• California Spatial Reference
Center (CSRC): Treasurer; PastChairman of Executive
Committee
RESUME
1 California Land Surveyors Association (CLSA)
2 Nevada Association of Land Surveyors (NALS)
3 League of California Surveying Organizations (LCSO)