1450826.1
FIRST AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of November 19, 2024, by and between the City of Diamond Bar, a municipal corporation ( “City”), and LAE Asssociates, 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 June 21, 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. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2023 to June 30, 2026. This First Amendment does not extend the overall Term. This First Amendment only revises the compensation from July 1, 2024 to June 30, 2025, as further described in Section 3 herein.
3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred Thousand Dollars and Zero Cents ($100,000) per fiscal year.
Section 3 of the Original Agreement is hereby amended to provide for a not-toexceed compensation increase of Seventy Eight Thousand, One Hundred Fifty-Two Dollars and Zero Cents ($78,152.00) so that, the annual not-to-exceed amount, as amended by this First Amendment, shall not exceed One Hundred Seventy Eight Thousand, One Hundred Fifty-Two Dollars and Zero Cents ($178,152.00) for Fiscal Year 2024/25 without the prior authorization of the City.
This First Amendment will not amend the not-to-exceed amount for the future fiscal years over the stated amount in the Original Agreement. The added not-to-exceed amount for FY2024/25 will be used for the additional tasks as provided in Exhibit “A” for reference. 1450826.1
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.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
LAE ASSOCIATES, INC. CITY OF DIAMOND BAR
By: By:
Printed Name: Daniel Fox, City Manager
Title:
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.]
1050 East Yorba Linda Boulevard, Unit 201, Placentia, CA 92870 (714) 993-2840
Associates, Inc.
LAE PROJECT•CONSTRUCTION•PROGRAM
MANAGEMENT
Municipal Services • Staff Augmentation
Contract Administration • Capital Project Planning
Utility and Special District Services • City and Public Works Engineering September 17, 2024
Mr. David G Liu, P.E.
Director of Public Works Department/City Engineer
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Attention: Mr. Hal Ghafari, P.E., Public Works Manager/Assistant City Engineer SUBJECT: PROPOSAL TO PROVIDE CONSTRUCTION OBSERVATION/
INSPECTION SERVICES FOR THE CITY OF DIAMOND BAR’S MAPLE
HILL PARK IMPROVEMENTS PROJECT
Dear Mr. Liu:
LAE Associates, Inc. (LAE) is pleased to have the opportunity to submit this proposal as part of our On-Call contract with the City of Diamond Bar (City) to provide the City with Construction Observation Services. LAE will provide a Senior Construction Observer (SCO) to inspect the subject project. The project consists of and includes new accessible parking stalls, new accessible concrete walks and paving, new playground equipment and wood chip play area, new utility extension for contractor supplied and installed prefabricated restroom building, new landscaping/irrigation modifications; and other incidental and appurtenant work necessary for the proper construction of the Maple Hill Park Improvements Project.
The City opened the sealed bids for the project on July 11, 2024, and a total of thirteen (13) bids were received. The City Council awarded the construction contract to Siterep Construction Services, Inc. in the amount of $1,689,766.33 on August 6, 2024. Per the Contractor’s baseline schedule, the project construction is scheduled to start in October 2024 and will be completed by January 2025.
LAE will assign Mamoun Aldwir, Senior Construction Observer (SCO), as the prime inspector, and Ned Shaffer, Senior Construction Observer, as an alternate to inspect the project. Mr. Aldwir has been providing over thirty-three (33) years of Public Works inspection services for the Cities of Placentia, San Dimas, El Monte, La Mirada, Lomita, Water Employee Services Authority (WESA), as well as Diamond Bar. Mr. Shaffer has over thirty-five (35) years of experience working on infrastructure projects. LAE employees have experience in the public sector and know the intricacies involved in this project’s line of work. The following are the Construction Observers’ recent experiences with similar projects:
Construction Observation services for the Maple Hill Park Improvements Project
• City of Rosemead – Dog Park at Garvey Park, $640,000. • City of Diamond Bar – Area 3 Residential and Collector/Arterial Streets Rehabilitation, $9,369,000.
• City of Lomita – Street Reconstruction of Zones C&F, $2.25 million. • City of La Mirada – Phase 6A Residential Street Rehabilitation, $4.6 million. • City of El Monte – Phase I and II Slurry Seal/Overlay and Street Pavement Resurfacing Project, $5 million.
• WESA – Parking Lot and Street Improvements, $1.2 million.
Scope of Work
LAE’s SCO will be acting as an extension of the City staff. He will thoroughly review and understand the contract documents, bid proposal, visit the sites, and attend a kick-off meeting with the City’s PM prior to the pre-construction meeting as well as the preconstruction meeting. After the pre-construction meeting, Mr. Aldwir will coordinate with the City’s Project Manager to ensure the City designer approves all submittals.
During construction, LAE’s SCO will work with the City staff, Contractor, Utility Companies, and other parties. He will have a set of the latest plans/specifications, Standard Specifications for Public Works Construction, 2021 Edition of the Standard Plans for Public Works Construction (Greenbook), 2024 W.A.T.C.H. Manual and other standards onsite. He will provide the required construction observation services, monitor the project schedule, cost, quality, and quantities. Mr. Aldwir will ensure all design changes have been approved and CCOs have been issued.
Construction Observation/Inspection
LAE’s Senior Construction Observer will:
• Attend all meetings.
• Check for compliance with plans, specifications, and safety concerns. • Ensure construction has minimal impact to residents, pedestrians, business and industrial areas, school children, accesses, and travelling public. • Confirm compliance with Americans with Disabilities Act (ADA) guidelines. • Verify contractor’s construction stakes and other surveying activities. • Verify for NPDES compliance and Best Management Practices. • Ensure proper coordination/scheduling for sampling/testing. • Retain delivery tickets and Certificates of Compliances. • Redline the plans; designer will draft “As-Built” plans. • Have copies of the contract and other documents.
• Take project sites/construction activity photos.
• Communicate with utility companies and other agencies. • Prepare Daily Reports, in the City’s format, to be submitted to the City on an on-going basis, which will consist of:
▪ Contractor working hours on the jobsite.
Construction Observation services for the Maple Hill Park Improvements Project
▪ Contractor and subcontractors’ personnel/equipment on jobsites. ▪ Weather conditions and impact on the work.
▪ Communications with prime contractor and other parties. ▪ Daily use of contractor’s and subcontractors’ equipment. ▪ Work progress, observations, and photographs.
▪ Delivery of materials to the project sites.
▪ Observed or foreseen delays and contractor’s action plans. ▪ Visitors who come to the job sites with interest in project. ▪ Work activities, construction progress, quantities measurements.
Engineering Coordination: LAE’s Engineering Coordinator will print the plans, specifications, contractor’s proposal, approved submittals, and organize them for our inspector, process time sheets, upload LAE Inspector(s) payrolls to the Department of Industrial Relations (DIR) site on a weekly basis. LAE will calculate the required training payments for the LAE Inspector(s) worked hours, prepare the required payments for the LAE Inspector(s) worked hours to the California Apprenticeship Commission and process the required Payments. In addition, the Construction Inspector’s daily reports will be reviewed, formatted, and processed into the project files.
Material Testing (Optional): Materials Sampling/Testing will be provided by GeoAdvantec, Inc. (GAI) of San Dimas. GAI, with Caltrans Certified Laboratory and Technicians, will provide the required Geo-technical and Quality Assurance/Quality Control (QA/QC) services. GAI has assisted the following LAE clients with similar projects since 2016: Arcadia, Azusa, Chino, Compton, El Monte, EVMWD, Lomita, and Montclair.
At the Pre-Construction meeting, the City requested to have material testing services available to review footings, concrete, and other project components.
Labor Compliance: LAE will ensure the prime Contractor and Subcontractor(s) submit Certified Payrolls and other related documents in a timely manner. We will review the certified payroll records, interview the Contractor/sub-contractors, and provide reports.
Labor Compliance services will be performed by LAE’s subconsultant, GCAP Services.
Since 2016, GCAP has assisted LAE’s client Cities of Arcadia, Azusa, Chino, Compton, El Monte, Laguna Niguel, Lomita, Montclair, Norwalk, Seal Beach, and Ventura. Per the City, Labor Compliance Services will be needed due to the project’s funding source(s).
Final Walkthrough: On an on-going basis, preliminary punch list(s) will be prepared.
Then, upon completion of the construction, a final walkthrough will occur with all involved parties. A punch list will be prepared and given to the contractor and City. Inspections will be conducted again to confirm that incomplete work has, in fact, been completed.
Project Completion Report: Upon acceptance of the project by the City (various departments/divisions) and impacted utilities, the SCO will submit final redlined “AsBuilts,” test results, and other correspondence to the City.
Fee: LAE’s fee to provide the requested services will be as follows:
Construction Observation services for the Maple Hill Park Improvements Project
* Based on the Contractor’s twelve (12) week or sixty (60) working day construction schedule, starting October 14, 2024. Per the City, the SCO will be on site three (3) out of five (5) working days. ** SCO Overtime (OT): Should the contractor work overtime or on Saturdays.
Once again, thank you for providing LAE with an avenue to be of service to the City of Diamond Bar. Should you have any questions, please feel free to contact me with any inquiries regarding this proposal at 714-993-2840 or [email protected].
Sincerely,
Fred Alamolhoda, P.E.
President
Role Hourly
Rate
PreConst. Const. PostConst.Total
Hours Total
Senior Construction
Observer (SCO)
*$158
24 288 40 352 $55,616
**SCO – Overtime
(OT) $189 - 24 - 24 $4,536
Engineering
Coordinator $100 12 36 12 60 $6,000
Materials Testing
Subconsultant –
Geo Advantec, Inc.
- - - - - $7,000
Labor Compliance
Subconsultant –
GCAP Services
- - - - - $5,000
Total Not-to-Exceed Fee $78,152