1450826.1
FIRST AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of April 16, 2024, by and between the City of Diamond Bar, a municipal corporation ( “City”), and Black O’Dowd and Associates, Inc., a California corporation, (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of October 3, 2023, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.
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 Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from October 3, 2023 until all work defined within the Scope of Services is completed unless earlier terminated. This First Amendment does not extend the overall Term.
4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Three Hundred Sixty-Two Thousand, Three Hundred Dollars and Zero Cents ($362,300.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of One Hundred Seventeen Thousand, Seven Hundred Dollars and Zero Cents ($117,700.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed Four Hundred Eighty Thousand Dollars and Zero Cents ($480,000.00) without the prior authorization of the City.
5. 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 1450826.1
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.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
Black O’Dowd and Associates, Inc. CITY OF DIAMOND BAR
*By: By:
Printed Name: Dan Fox, City Manager
*By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
*NOTE:If Consultant 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. 1450826.1
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
1511 Cota Avenue
Long Beach, CA 90813
Telephone: 562-912-7900
Telephone: 310-832-2681
www.boaarchitecture.com
Nicholas Delgado and Hal Ghafari March 28, 2024
City of Diamond Bar, Public Works
Re: Extra Fee for Additional Architectural-Engineering Services for Bigger Building & Structure Diamond Bar Heritage Park Renovation
Now that the Schematic Design has been submitted and mostly accepted by the City Council, we wish to reconcile our Scope of Work with our Fee. We are requesting an Extra Fee for the additional Scope of Work that shown on Option B for the Community Center building. The additional scope is that the building grew bigger by an additional 1200sf, and a front entry shade structure was added. As you may recall, the original scope was that the building addition on the East side would only include a renovated kitchen, storage and new interior restrooms. Now, the building addition will include a brand new and bigger kitchen with greater functionality, kitchen storage, and restrooms, along with new park offices, janitor room, and community room storage.
The original scope included only a simple shade structure in the back of the Community Center (facing the park). We now include a large shade structure in front of the building with a tall iconic entry tower, symbolic of the City’s historic windmill. The new shade structure in the back of the building is designed to appear compatible and complimentary, with similar heavy timber framing as the front. The shade structure in the front will be ideal to serve the many kids who wait at the front of the Community Center to be picked up by their parents. And in the back, the new expansive shade structure will expand the use of the large community room from the indoor to the shaded outdoor. Additionally, it will provide shaded picnicking and encourage other large outdoor gatherings.
We want to also include 3 additional fees. One for added survey work needed by our Surveyor/Civil Engineer, DMS, Surrender Dewan. This fee is $2500 for DMS + 15% markup = $2900. The City provided land survey was not completely adequate and DMS had to do additional surveyor work to allow the landscape architect to design their site plan overlay. Secondly, the City provided past soils reports for the Heritage Park site, but were not adequate for structural engineering, and percolation needs. We will need to procure additional test boring under the building expansion and additional test pits under the future bio-swale locations. See attached geotechnical fee proposal from ASE. We had previously indicated in the original fee proposal that this additional geotechnical fee would be $10,000.
Thirdly, because the original Community Center drawings could not be found, we will need to do destructive testing (scanning, coring, digging) to verify the composition of the existing CMU walls and foundations. This will enable our structural engineer to justify new roof loading onto the existing CMU walls and foundations. The fee is $15,385 for DeepScan + 15% markup = $17,700. See attached destructive testing fee proposal from DeepScan.
This extra fee is based on amount of time we estimate that it will take to refine and to complete the added scope, and secondly, a percentage of the construction cost. For the time we estimate will take to complete the added scope, we have attached a spreadsheet showing the amount of time and cost to complete each task. See attached spreadsheet.
We are requesting an Extra Fee of $117,700 for the additional scope stated above. If approved, the overall project design fee will now be $362,300 Original Fee + $117,700 Extra Fee = $480,000 total overall fee. However, we wish to reconcile the Scope of Work with our Fee before we get too far into the Construction Document phase of design. If you have any questions, please do not hesitate to contact me personally at (310) 480-7730 cell.
BOA Architecture
Edward Lok Ng, Architect, LEED AP, President
Extra Design Fee
City of Diamond Bar Heritage Park Renovation
date: March 28, 2024 Construction Cost Est: $9 million
for: City of Diamond Bar, Nicholas Delgado, Hal Ghafari prepared by: BOA Architecture, Edward Lok Ng
HOURS UNIT HR RATE COST TOTAL
BOA'S PRE-DESIGN
0 BOA'S SCHEMATIC DESIGN
0 SUB-CONSULTANTS and EXPENSES
aerial and topo. survey 2,900
civil engineering 0
landscape architect; include 2 community outreach meeting at no charge. 0 structural engineering 18,000
electrical engineering; for building, and site 16,000
mechanical engineering 10,000
plumbing engineering 4,500
acoustical engineering 0
AV (audio-visual) technology 0
supplemental geotechnical & percolation testing/report 10,000 destructive testing; scan,coring, digging, to verify CMU walls, foundations 17,700 photocopies, large size prints, travel, delivery 200
79,300
BOA'S CONSTRUCTION DOCUMENTS
refinement of floor plan, exterior elevations, interior design 60 hrs 150 9,000 project management, coordinate w Client, consultants 30 hrs 150 4,500 CADD-3D 100 hrs 100 10,000
building-safety submittal, corrections 20 hrs 100 2,000 cost estimate 4 hrs 150 600
specs 8 hrs 150 1,200
quality control 30 hrs 150 4,500
meetings 10 hrs 150 1,500
33,300
BOA'S CONSTRUCTION SUPPORT
project management, coordinate w Client, consultants 0 hrs 150 0 RFI, submittals 30 hrs 150 4,500
meetings 0 hrs 150 0
CADD-3D 6 hrs 100 600
5,100
TOTAL EXTRA FEE: $117,700
2860 Walnut Avenue, Signal Hill CA 90755 * Tel: (562) 426-7990 * Fax: (562) 426-1842 March 4, 2024
Proposal No. P24-037
BOA Architecture
1511 Cota Avenue
Long Beach, California 90813
Attention: Edward Lok Ng
Subject: Proposal of Geotechnical Consulting and Engineering Services and Percolation Testing Proposed Heritage Park Improvements
2900 South Brea Canyon Road
City of Diamond Bar, California
References: 1. Report entitled, “Preliminary Geotechnical Interpretive Report, Proposed Heritage Park Improvements, 2900 South Brea Canyon Road, City of Diamond Bar, Los Angeles County, California,” Project No. 18725-10, dated August 3, 2019, prepared by CW Soils.
2. Report entitled, “Infiltration System Design Interpretive Report, Proposed Heritage Park Improvements, 2900 South Brea Canyon Road, City of Diamond Bar, Los Angeles County, California,” Project No. 18725-10, dated August 6, 2019, prepared by CW Soils.
3. Report entitled, “Preliminary Geotechnical Investigation for the Proposed New Community Center, Heritage Park, City of Diamond Bar, Los Angeles County, California,” Project No. 291164-11, dated June 19, 1992, prepared by Leighton and Associates, Inc.
4. Plan entitled, “Heritage Park Community Center, Concept Plan Option ‘A’, 2900 Brea Canyon Road, Diamond Bar, CA 92831”, dated February 6, 2024, prepared by BOA Architecture, Inc and David Volz Design.
Ladies and Gentlemen,
In accordance with your request by on March 4, 2024, Associated Soils Engineering, Inc. (ASE) is privileged to submit this fee proposal for the performance of geotechnical consulting and engineering services for the proposed community center addition, landscaping, infiltration system and site improvements (the Improvements) to be located at Heritage Park, e.g. 2900 South Brea Canyon Road, in the City of Diamond Bar, California. This proposal has been prepared based on: 1) ASE’s review of the provided project information, in particular References 1 through 4 listed above, 2) ASE’s past experience with similar projects in the vicinity of the Site, 3) ASE’s review of area geologic literature relevant to the Site.
SCOPE OF GEOTECHNICAL CONSULTING & ENGINEERING
Based on ASE’s understanding of the proposed works and review of the references, the following is ASE’s proposed scope of services and estimated budgets:
BY E-MAIL ONLY
ASSOCIATED SOILS ENGINEERING, INC. Proposal No.: P24-037 2860 Walnut Avenue, Signal Hill CA 90755 March 4, 2024
Tel: (562) 426-7990 * Fax: (562) 426-1842 Page 2
a. Performance of site reconnaissance to identify site features that might impact the proposed geotechnical investigation, and to mark four (4) suitable locations for the ensuing exploratory drilling, followed by 72-hour notification to the Underground Service Alert (USA). b. Review of publicly available geotechnical, geological and seismological data and literature relevant to the Site, in particular References 1 and 2. The preliminary review of CGS’s seismic hazard map pertinent to the Site indicates that the Site is located within liquefaction hazard zone. c. Excavation, sampling and logging of two (2) exploratory hand auger boring extending to maximum depths of up to 15 feet below the existing ground surface to determine general subsurface conditions and to delineate any other soil and geologic parameters that may affect the proposed development. Existing slabs or pavements will be patched with cold patch asphalt or rapid set concrete where applicable.
d. Excavation of two (2) shallow test boring to five (5) feet deep for percolation testing. If the Project Civil Consultant prefers specific areas on-site for future stormwater LID system installation, ASE will locate the percolation test holes in those specific areas once such information is available to ASE prior to our field investigation. ASE proposes to advance the percolation test holes with hand auger on the same day when performing geotechnical field investigation aforementioned under Item c above, followed by performing field percolation tests in the test holes utilizing water from a ASEtransported water tank, in accordance with the Los Angeles County procedures modified to test the cross sectional zone of typical soils within the level of anticipated storm water infiltration (e.g. approximately 1 foot to 5 feet below existing grade). The results of field percolation testing will be based upon for the calculation of the allowable design infiltration rates. e. Performance of geotechnical laboratory testing for the determination of soil’s classification, gradation, in-situ density/moisture, maximum dry density/optimum moisture content of soil materials encountered during site investigation to provide basis for subsequent engineering analyses.
f. Performance of geotechnical evaluations and analyses based on field findings and laboratory test data, followed by assembly of recommendations for pertinent design parameters and construction criteria for remedial grading, foundations, slabs, ancillary improvements, pavements, and utilities, in compliance with pertinent 2022 CBC and Couty of Riverside requirements. g. Preparation of a Report of Geotechnical Investigation (the Soils Report) presenting our findings, conclusions and recommendations, which includes, but not limited to, site subsurface soils conditions and stratification, groundwater depth, geologic and seismic hazard assessment and mitigation, data and results obtained from field investigation and laboratory testing, remedial grading criteria, design and construction parameters of temporary excavation and shoring, building foundation, slab-on-grade, pavements, and utility trenches. The Soils Report will also address the ASSOCIATED SOILS ENGINEERING, INC. Proposal No.: P24-037 2860 Walnut Avenue, Signal Hill CA 90755 March 4, 2024
Tel: (562) 426-7990 * Fax: (562) 426-1842 Page 3
geotechnical parameters related to site infiltration feasibility including log of the percolation boring and calculation of the allowable design infiltration rate.
Estimated Budget
The estimated budget for the proposed geotechnical services is tabulated below:
Item Rate Hr / Ea. Sum Sub-total’s
a. Site Marking, Notification to Dig Alert & Literature Review Staff Engineer/Geologist $180.00 3 $540.00
Project Engineer/Geologist – Review of References 1 through 4 $200.00 4 $800.00 $1,340.00 b. Field Exploration
Hand Auger Team, drilling and sampling. Includes equipment, materials b $300.00 8
b $2,400.00
Travel, mobilization (Regular Rate, hand auger crew) $190.00 2 $380.00 $2,780.00 c. Percolation Testing
Field Technician, Percolation Testing $145.00 8
b $1,160.00
Percolation Testing Supplies $300.00 LS $300.00
Travel, mobilization (Regular Rate, Field Technician) $95.00 2 $190.00 $1,650.00 d. Laboratory Testing $95.00 10 $950.00 $950.00
e. Analysis and Report Preparation
Project Engineer/Geologist $200.00 4 $800.00
Staff Engineer/Geologist $180.00 12 $2,160.00
Drafting & Office Services $95.00 3 $285.00 $3,245.00
a. Inclusive of travel time.
b. Prevailing wage rate. Total $9,965.00
Please note that ASE's geotechnical services will not include any evaluation or assessment of hazardous or toxic materials which may or may not exist on or beneath the Site. ASE does not consult in the field of potential site contamination/mitigation.
If one or more of the following conditions becomes applicable: a) the scope of services is incorrect; b) additional reports are requested for individual buildings/improvements; or c) design changes are made either in your office, by governmental agencies, or by the other design consultants that require additional work and effort, the estimated budget could increase. However, ASE will not perform any additional services without communication with the Client and is subject strictly to the Client’s written authorization.
ASE is prepared to begin the geotechnical services immediately upon receipt of your signed authorization and professional retainer, if applicable.
Time Frame
ASE is prepared to begin the geotechnical investigation immediately upon receipt of your signed authorization and professional retainer, if applicable. We anticipate that field exploration would be ASSOCIATED SOILS ENGINEERING, INC. Proposal No.: P24-037 2860 Walnut Avenue, Signal Hill CA 90755 March 4, 2024
Tel: (562) 426-7990 * Fax: (562) 426-1842 Page 4
completed within two (2) weeks following the clearance of the 72-hour notification to the Underground Service Alert, assuming no significant delay due to weather, site accessibility, permit clearance or changes in scope. Laboratory testing, analysis, and report preparation would require four to six (4 ~ 6) weeks following the completion of site exploration. However, verbal or written input of preliminary geotechnical information of the site could be available twelve (12) working days after completion of site exploration.
CLOSURE
The fees for the proposed geotechnical services would be invoiced monthly on a time and material basis as per the attached January 2024 Fee Schedule. Please be reminded that, unless otherwise agreed by both parties, the above fee estimates will be honored by ASE for a period of six (6) months from the proposal date. Should the authorization not be received by ASE within the 6-month period, ASE reserves the right of reviewing/revising the above fee estimate when necessary.
Attached is a Standard Short Form Agreement (“Agreement”) covering our proposed services. If the services are awarded to ASE and the Agreement is acceptable to you, please have one (1) copy of the Agreement executed and return them to us along with the requested professional retainer, if applicable.
Your assent to our performing services prior to execution of a mutually acceptable contract constitutes your agreement that the terms of the attached Agreement shall control until such a definitive contract is executed by both parties.
We appreciate the opportunity to submit this proposal. If there are any questions or you need clarification, please contact us at (562) 426-7990.
Respectfully submitted,
Associated Soils Engineering, Inc.
Torin Ng, EIT
Project Engineer
Attachment: January 2024 Fee Schedule
Distribution: (1) PDF copy to addressee via e-mail: [email protected] DeepScan, INC.
4071 E. La Palma Avenue, Suite D
Anaheim, CA 92807
(714) 632-7395 Fax (714) 632-7451
March 24, 2024 - Revised
Lok Ng Via email: [email protected]
BOA Architecture
1511 Cota Avenue
Long Beach CA 90813
Project: Heritage Park Community Center
2900 Brea Canyon Road
Diamond Bar, CA 92831
DeepScan, Inc. is pleased to submit this proposal to provide ground penetrating radar scanning and coring for the above referenced project during regular working hours. These are regular rates and are not prevailing wage rates.
Investigation Objectives:
CMU wall footing
- Determine footing size
o Width and depth
o Assumed length (wall length)
- Determine typical reinforcing bar spacing
- Reinforcing bar size(s)
- Two (2) PSI test cores of concrete footing
CMU walls
- Determine vertical and horizontal reinforcing bar pattern - Determine vertical and horizontal reinforcing bar size(s) - Determine if cells are grouted
- Eight (8) 6” cores for
o Eight (8) PSI test cores of CMU face
o Eight (8) PSI test cores of CMU grout
Scope of Work:
➢ Ground penetrating radar scanning as follows:
o Eight (8) 8’ x 8’ interior CMU wall areas to determine reinforcing bar pattern and if cells are grouted
o Eight (8) 2’ x 2’ interior CMU wall areas to locate best areas for 6” diameter PSI test cores
o One (1) 3’ wide x footing width to determine reinforcing bar pattern and best are for two (2) 2” x 6” PSI test cores
➢ Ground penetrating radar scanning stipulations:
o Area must be clear of any obstructions and flat
o Radar machine cannot see within 3” of any obstruction including walls, equipment, track etc.
o Radar machine can see a maximum depth of 10” – 12” from face of scan surface ▪ Cannot see through waterproofing, roofing material, drywall, voids between slabs or walls, etc.
▪ Antenna needs direct access to the concrete scanning surface ▪ If wall thickness exceeds 12” DeepScan may need access to the backside of the wall to scan, client will need to spot and mark core locations on backside of wall and provide scanning access
➢ Ground penetrating utility scanning prior to excavation within planter area ➢ Utility machine below grade scanning stipulations:
o Area must be clear of any obstructions and flat
o Utility machine cannot see within 3’ of any obstruction including walls, equipment, curbs, etc.
o GPR cannot detect clay or plastic pipes
o Utility machine can see a maximum depth of 10’ in ideal conditions, however this will be determined once DeepScan, Inc. begins scanning
o To determine utility type DeepScan, Inc. will need direct access to connect to utility pipe for tracing
▪ Without direct connection from origin of utility DeepScan, Inc. cannot determine utility type through GPR alone
▪ DeepScan, Inc. is not accountable for any utilities without a direct point of connection for tracing purposes
➢ Located targets will be marked directly on the scanned surface for contractor’s immediate use
o Must hand dig 2’ within any direction of marked utility as depths are approximate o If spray paint is not permitted DeepScan must be notified prior to scheduling ➢ Excavation of one (1) 3’ x 3’ x depth of footing area to take footing measurements and complete coring
o Includes excavation (hand-dug), temporary protection at excavated area for two (2) days, backfill and compaction
➢ Coring the following:
o Eight (8) 6” CMU test cores through front block face and grout o Eight (8) 4” cores, chipped and expose two (2) reinforcing bars to determine size on CMU wall
▪ Reinforcing bars will not be damaged during this process o Two (2) 2” x 4” test cores into concrete footing
o One (1) 4” core, chipped and expose for rebar size in footing ➢ Patch-back of nineteen (19) core locations with non-shrink grout, will not match finishes ➢ Coring stipulations:
o Working area to be clear of debris
o Power for core drilling needs to be provided onsite in form of either a spider box or two (2) separate household power sources
o Coring stand-by time will be billed hourly for operator and laborer o Any delays caused by access issues to proposed core locations will affect the above budget and be billed accordingly
▪ These costs will be incurred at client’s expense
o DeepScan, Inc. is not responsible for any reinforcement, conduits, pipes, etc. that are cut during coring process in areas that are not scanned ➢ Laboratory testing of eighteen (18) cores to determine PSI ➢ Summary report of findings
➢ Work to be performed Monday through Friday during regular working hours beginning at 6 am
Estimated Schedule;
Day One
- Utility scanning for footing excavation and radar scanning of CMU walls - Excavation of footing
- Temporary protection at exposed footing
Day 2
- Radar scanning of existing footing
- Core drilling of footing and CMU walls
- Temporary protection at exposed footing
Day 3
- Core drilling of CMU walls
- Patch-back of footing and CMU wall core locations
- Backfill and compaction of excavated footing
Cost Breakdown:
Ground penetrating radar
Utility scanning, four (4) hour minimum = $660.00
Radar scanning, eight (8) hours = $1,120.00
- Two (2) roundtrips, travel & mileage = $510.00
Excavation, Backfill and Patch Back
- Labor, material, two (2) roundtrips, travel and mileage = $6,775.00 Coring
Core drill operator, sixteen (16) hours = $2,720.00
- Two (2) roundtrips, travel & mileage = $510.00
PSI Test Cores
-Eight (8) CMU face PSI test cores = $1,600.00
-Eight (8) CMU grout PSI test cores = $600.00
- Two (2) concrete PSI test cores = $130.00
- Laboratory pick-up fee = $10.00
Supervision = $500.00
Final Report = $250.00
Budget Cost: = $15,385.00