FIRST AMENDMENT
TO
CONSULTANT SERVICE AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of September 20, 2022, by and between the City of Diamond Bar, a municipal corporation ( “City”), and Hushmand Associates, Inc. (herein referred to as the “Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Public Works Agreement dated as of July 7, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Work, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the work described on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Seventy-Three Thousand Five Hundred Dollars ($73,500) for Fiscal Year 2020-2021. Section 3 of the Original Agreement is hereby amended to provide for an increase of Two Hundred Twenty-Seven Thousand Eight Hundred Ninety Dollars ($227,890) in Fiscal Year 2022-2023, so that the total not-toexceed compensation, as amended by this First Amendment shall not exceed Three Hundred One Thousand Three Hundred Ninety Dollars ($301,390) for FY2022-23 without the prior authorization of the City.
4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
At your request, Hushmand Associates, Inc. (HAI) is pleased to submit this proposal/e-mail confirmation of the requested services for your written authorization for engineering, construction management, and construction quality assurance support services during construction of Diamond Bar Community Center Slope Stabilization Project in the City of Diamond Bar (City), Los Angeles County, California.
PROJECT DESCRIPTION
The project site is located at 1600 Grand Avenue, northwest corner of Grand Avenue and Summitridge Drive, in the City of Diamond Bar, California. The project site, as part of the “Park Site”, was originally graded in the mid to late 1970’s concurrently with the grading and construction of Grand Avenue. Based on the available information, the grading for the Park Site consisted of 40 feet of excavation in the vicinity of the community/senior center building. Further grading on the site occurred between January 1982 and January 1985 in conjunction with the grading of the adjacent tracts. Earthwork operations for the community/senior center were performed during the period from August 2002 to October 2002. These included stripping of vegetation, removal of unsuitable surficial material, excavation of existing shear keys and fill soils, construction of subdrains, and placement of controlled fill. In the past 5 to 10 years, prior to 2017, some signs of distress were observed on the slopes and hardscape (walkways, retaining walls, etc.) around Diamond Bar Community Center. The City hired Willdan Geotechnical to perform additional limited geotechnical investigation in 2017 to investigate cause(s) of the observed distress and to provide preliminary recommendations for mitigation of the observed distress.
The City hired HAI in 2020 to perform a more detailed geotechnical investigation for the site and to lead a team of consultants (Civil Engineer, Structural Engineer and Landscape Architect) to provide design and construction recommendations to remediate the observed slope and hardscape distress problems by developing mitigation measures for slope stabilization at Diamond Bar Community Center.
The City of Diamond Bar and HAI are in the process of completing a request for bid package to advertise construction of the slope stabilization measures at the subject project site. The City has requested HAI to provide a proposal for engineering support services during construction, construction management, field inspection and material testing, and preparation of an as-built report, as-built field survey, and as-built sheet documentation reflecting final post-construction site conditions after the final survey.
The main focus of the proposed services will be Construction Management, Construction Observation/ Inspection Services during deep foundations (caissons) installation, grading, and landscaping activities, and Field Density and Material Testing during placement of engineered fill.
To: Christian Malpica, Project Manager/
Associate Engineer
From: Ben Hushmand, PE
Principal Engineer
Firm: City of Diamond Bar E-Mail:
[email protected]
Date: July 13, 2022
Revised 8/16/2022 Pages: 2
Project: Engineering Support Services during Construction, Construction Management, Field Inspection & Material
Testing Services, As-Built Report & Final Survey
Design & Construction of Diamond Bar Community
Center Slope Stabilization Project
Proposal #: P22-0630
Urgent For review Reply ASAP Please comment Please call the indicated office below if you received this e-mail in error.
City of Diamond Bar Engineering Support, Construction Management, Field Inspection & Material Testing Services Diamond Bar Community Center Slope Stabilization Project
SCOPE OF SERVICES
Based on the above project background and the City request for proposal and requirements, the following provides our scope of work for the project:
Coordinating and collecting soil samples, and analyzing tests for import source and aggregate base material required to obtain a compaction curve.
Preconstruction Meeting, Final Punch List Job Walk, provide Responses to Request For Information (RFI), Submittals Review, Project Coordination and Management for the team of consulting firms and project contractor;
Engineering support Services by the Project Civil Engineer during construction including Preparation of Final Field Topographic Survey, and As-Built Sheet Documentation reflecting final post-construction site conditions (see Attachment A for details of scope and cost); Engineering Support Services by the Project Structural Engineer during construction including a few site visits during installation of caissons and attending 1 or 2 construction progress meetings (see Attachment B for details of scope and cost);
Support Services by the Project Landscape Architect during construction; Construction Management including two site visits per week (one of the site visits will be also used as the weekly construction progress meeting with project geotechnical engineer and contractor); Perform Construction Observation and Field Compaction and Material Testing; Laboratory Testing of soil and concrete materials;
Preparation of daily field reports and weekly progress reports, which includes a signed daily field report documenting work observed, field test results, laboratory test results, site construction photographs, and a map showing field test locations.
Preparation of Final Project As-Built Grading and Foundation Installation Report We have assumed a Project Duration of 20 weeks, and 5 days per week (Monday through Friday) 8-hour work days (7 AM to 4 PM). We will perform the above proposed scope of work on a time-and-expense basis based on the scope of work and the fee schedule presented in Table 1. We will not exceed the estimated budget without prior authorization from you. We would like to obtain a formal authorization from you prior to performing any additional services not outlined in this transmittal.
ACKNOWLEDGEMENT
Please acknowledge your agreement with the above requested services, fee, and terms by signing below and returning to us via FAX or E-Mail. Please call if you have any questions regarding this confirmation.
Agreement accepted by:
Hushmand Associates, Inc. City of Diamond Bar
August 16, 2022 ___________________________________
Ben Hushmand, PhD, PE Date Signature Date
Principal Engineer
___________________________________
Please Print Name and Title
Attachment: Table 1. Itemized Cost Estimate
Task No. Task No. of Units Unit Unit Rate Labor
Cost
Direct
Cost Total
Pre- & Post-Construction (Job Walk) Meetings, Response to Request for Information (RFI), Submittal Review, Project Coordination & Management Preconstruction Meeting (up to 3 hours) 3 hours $200 $600 Request for Information (up to four RFIs) 10 hours $150 $1,500 Submittal Review (up to four submittal) 6 hours $150 $900 Additonal Site Visits (two visits) 4 hours $165 $660
Final Punch List Job Walk 3 hours $165 $495 $4,155
A.2 Civi Engineer Field & Office Engineering Support (see Attachment A) 1 unit $5,900 $5,900 $5,900 As-Built Field Survey and As-Built Sheet Documentation
As-Built Field Survey 1 ea. $5,500 $5,500
As-Built Sheet documentation reflecting final conditions (six sheet set) 6 ea. $1,100 $6,600 $12,100 A.4 Structural Engineer Field & Office Engineering Support (see Attachment B) 1 unit $6,300 $6,300 $6,300 A.5 Landscape Architect of Project Support Services 1 unit $4,000 $4,000 $4,000 A.6 Construction Management (2 weekly site visits @ 8 hrs/week & 4 hrs weekly engineering & office support) - 20 weeks @ 12 hrs/week) 240 hours $165 $39,600 $2,000 $41,600 Field Inspection and Material Testing
Field Engineer/Technician (100 days of field work @ 8 hours per day) 800 hours $125 $100,000 Field Eng./Tech. daily report preparation, field equip. calib., mob/demob (1 hr per day) 100 hours $125 $12,500 Field Truck and Equipment 40 days $90 $3,600
Field Truck 60 days $70 $4,200 $120,300
Laboratory Testing
Project Engineer 4 hours $155 $620
Soil Testing
Sieve Analysis 5 ea. $80 $400
Sand Equivalent 5 ea. $95 $475
R-Value 1 ea. $280 $280
Modified Proctor Compaction 5 ea. $200 $1,000
Asphalt
Gradation 1 ea. $110 $110
Extraction % Asphalt 1 ea. $85 $85
Moisture Content of Asphalt 1 ea. $40 $40
Stability 1 ea. $220 $220
Hveem Maximum Density 1 ea. $150 $150
Materials Testing
Concrete Strength Tests (27 5-Cylinder sets) 135 ea. $35 $4,725 Rebar Tensile Test 27 ea. $55 $1,485
Grout Samples 27 ea. $35 $945
$10,535
Daily, Weekly, and Final As-Built Reporting
Daily Reporting
Senior Staff Engineer 120 hours $125 $15,000
Final As-Built Report
Principal Engineer 6 hours $200 $1,200
Senior Project Engineer 12 hours $150 $1,800
Senior Staff Engineer 36 hours $125 $4,500
Office Administrator 5 hours $80 $400
Printing & Shipping $100 $23,000
$227,890
TABLE 1. COST ESTIMATE - ENGINEERING SUPPORT, CONSTRUCTION MANAGEMENT, MATERIALS TESTING AND INSPECTION estimated budgets/costs include ~ 10% contingency, management, and coordination cost.
A.3
A.1
A.7
A.8
A.9
Grand Total =
Note: Assumes a project duration of 20 weeks, 5 days per week (weekdays only) and 8 hours per day work. Civil Engineer and Structural Engineer ATTACHMENT A
CONSTRUCTION ADMINISTRATION (CA) CIVIL SERVICES
From: Jason Rolfsness [mailto:[email protected]]
Sent: Wednesday, March 17, 2021 12:21 PM
To: Ben Hushmand <[email protected]>; Michael Leonard <[email protected]> Subject: RE: DIAMOND BAR COMMUNITY CENTER ‐ SLOPE STABILIZATION PROJECT ‐ [City Project No. 25120]
Ben,
Below is a breakdown of potential Construction Administration (CA) Civil Services that should be accounted for during construction for Third Gen Civil Engineering. CA Services are estimates and billed on a Time & Material basis.
Preconstruction Meeting (assumes up to two hours onsite) ‐ $485.00 Request for Information (RFIs) (assumes up to four RFIs at up to four hours each) ‐ $2,240.00 Submittal Review (assumes up to four submittals at up to two hours each) ‐ $1,120.00 Additional Site Visits at Owner request (assumes up to one hour onsite) ‐ $300.00 Final Punch Walk (assumes up to one hour onsite and providing a markup pdf of correction items) ‐ $960.00
As‐Built Field Survey, if required ‐ $5,000.00
As‐Built sheet documentations reflecting final conditions, if required (assumes $1,000/sheet, civil is a six sheet set) ‐ $6,000.00
Again, these are strictly estimates of potential effort required. Quality of the selected Contractor will have the biggest impact regarding probably costs.
Please let me know if you have any questions.
Thank you,
Jason Rolfsness, P.E.
Project Manager
p: 626‐390‐9787
w: www.thirdgence.com
e: [email protected]
ATTACHMENT B
STRUCTURAL ENGINEER CONSTRUCTION SUPPORT SERVICES
FOR
DIAMOND BAR COMMUNITY SERVICES
SLOPE STABILIZATION PROJECT
A R C O N
STRUCTURAL ENGINEERS, INC.
July 11, 2022
Hushmand Associates, Inc.
250 Goddard
Irvine, California 92618
Attn.: Mr. Ben Hushmand
Re.: Construction Support Services for
Diamond Bar Community Services
Slope Stabilization Project
Diamond Bar, CA
Dear Ben:
At your request, Arcon Structural Engineers, Inc. is pleased to present for your review the enclosed Scope of Work and Fee Proposal for construction support services for the above referenced project. This proposal is based on the information on the construction structural plans prepared by the Consultant for the Project.
SCOPE OF CONSTRUCTION SUPPORT SERVICES:
The Consultant (Arcon) will provide the Client (Hushmand Associates, Inc.) with the following services related to this project:
1. BIDDING ASSISTANCE
The Consultant will assist the Client and the City of Diamond Bar during the bidding of the Project by way of reasonable telephone support and response to bidders’ R.F.I’s. and questions. Four hours of engineering have been budgeted for this task.
2. CONSTRUCTION SUPPORT
The Consultant will review submittals provided by the Client for concrete mix designs and reinforcing steel, review and respond to construction R.F.I’s. and Field Change Requests, and provide reasonable construction support during construction. One reviewed copy of the submittals will be returned to the Client for reproduction and distribution to the appropriate parties involved. Ten hours of construction support have been budgeted for this task. 22391 Gilberto, Suite E • Rancho Santa Margarita, CA 92688 • (949) 766-5102 • Fax (949) 766-1761 Hushmand Associates
Construction Support Services for
Diamond Bar Community Services
Slope Stabilization Project
Diamond Bar, CA
October 20, 2017
3. STRUCTURAL OBSERVATION & SITE VISITS/MTGS. DURING CONSTRUCTION Structural observation may be required by the City of Diamond Bar during the construction of the Project, in accordance with the requirements of the 2019 California Building Code. Pursuant to these requirements, and as requested and scheduled by the Client, the Consultant will perform site visits during construction to observe the progress of the construction and compliance with the structural intent. These site visits are not intended to substitute inspections by building officials required to obtain a final permit. Time to perform two (2) site visits/meetings have been budgeted for this task.
4. RECORD DRAWINGS
At the end of the construction, the Consultant will update and issue the record structural Project plans to match known as-built conditions resulting from changes to the Plans reported by the Contractor during construction and provided to the Consultant by the Client.
EXCLUSIONS:
The Consultant is not responsible for issues related to areas beyond structural engineering including, but not limited to:
1. Cost estimates and budgets, including those for demolition, new structures, repairs or maintenance.
2. Testing and inspection services before, during, or after construction.
DESIGN FEES:
The FEE for the structural services in the SCOPE SERVICES described above is itemized as follows:
Task 1: Bidding Assistance: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 840.00 Task 2: Construction Support: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,100.00 Task 3: Structural Observation/Site Visits During Construction: . . . . . . . . . . . . $ 1,890.00 Task 4: Preparation of Record Plans: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 880.00 TOTAL STRUCTURAL FEE FOR CONSTRUCTION SUPPORT: . . . . . . . . . . . . . . . $ 5,710.00 ADDITIONAL SERVICES:
1. Site visits and/or meetings in addition to two (2) site visit/meetings budgeted within the SCOPE OF SERVICES, and other on-site services requested by the Client.
Hushmand Associates
Construction Support Services for
Diamond Bar Community Services
Slope Stabilization Project
Diamond Bar, CA
October 20, 2017
2. Any other work requested by the Client other than the above SCOPE SERVICES.
FEES FOR ADDITIONAL SERVICES:
Additional Services will be invoiced on time and materials basis, at the following hourly rates:
Principal/Structural Engineer: $ 210.00 per hour
Project Engineer: $ 160.00 per hour
Design Engineer: $ 135.00 per hour
Engineering Technician: $ 115.00 per hour
CAD Designer/Drafter: $ 115.00 per hour
Clerical: $ 60.00 per hour
Reimbursables
CAD Plotting: $ 15.00 per vellum (or first bond plot)
$ 30.00 per mylar
Large Format Prints: $ 3.00 each
Photo Copies: $ 0.10 each
Other Reimbursable Expenses: At cost
REIMBURSABLE EXPENSES:
1. Printing, shipping and other miscellaneous costs other than those for the in-house use by the Consultant.
2. Expenses resulting from all on-site services, site visits or meetings requested by the Client.
Please review the information and feel free to contact us with any questions. We look forward to working with you in making this a successful project.
Sincerely,
Arcon Structural Engineers, Inc.
Hernan Montoya, S.E.
President
HM/hm.