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CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as June 17, 2025, by and between the City of Diamond Bar, a municipal corporation ("City") and IDS Group, Inc. a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Diamond Bar Boulevard Damage Repair Design Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work.
Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
Hal Ghafari, P.E., Public Works Manager/Assistant City Engineer herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect June 18, 2025 and shall continue unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Twenty-Two Thousand, Five Hundred Sixty-Eight Dollars and Zero Cents ($122,568.00) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 10% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables.
D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws.
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D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section.
8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.
9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.
10. Insurance.
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A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims’ made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating.
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E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement 6 Professional Services - Design
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shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
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17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work or may otherwise be agreed to by and between the Project Manager and the Consultant.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.
20. Reserved.
21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without 8 Professional Services - Design
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the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants.
26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
IDS Group, Inc. City of Diamond Bar
1 Peters Canyon Road 21810 Copley Drive
Suite 130 Diamond Bar, CA 91765-4178
Attn.: Dr. Said Hilmy Attn.: Dan Fox, City Manager
Phone: (949) 387-8500 Phone: (909) 839-7010
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E-Mail: [email protected] E-mail: [email protected]
28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
IDS Group, Inc. CITY OF DIAMOND BAR
By: By: ____
Printed Name: Dan Fox, City Manager
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By: ____
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 Rami Elhassan
Vice President
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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.
CITY OF DIAMOND BAR
Department of Public Works
Diamond Bar Boulevard Damage Repair
at Mapache Drive
May 15, 2025
RESPONSE FILE
1 Peters Canyon Road, Suite 130, Irvine California 92606 949.387.8500 949.387.0800 www.idsgi.com May 15, 2025 (Revised May 21, 2025)
City of Diamond Bar
21810 Copley Drive
Diamond Bar, California 91765
Attn: Hal Ghafari, PE, Public Works Manager/Assistant City Engineer SUBJECT: Diamond Bar Boulevard Damage Repair at Mapache Drive Dear Mr. Ghafari and Members of the Selection Committee, IDS Group, Inc. (IDS) is pleased to present our proposal to provide design services and develop plans, specifications, and estimates for the City of Diamond Bar to repair Diamond Bar Boulevard. As a fully integrated engineering/ architectural multidisciplinary firm, IDS has significant and proven experience in providing E/A design services for complex design renovations, additions, modernizations, and new construction for various facilities and project types.
IDS brings a proven track record of interfacing with project stakeholders and code compliance for public agency projects.
IDS’ Value to the City of Diamond Bar:
• We have roots spanning over six decades, covering a wide range of renovation, expansion, and new projects that are aligned with the City of Diamond Bar. IDS embeds a value-oriented design approach, applying knowledge of applicable code standards, which is integrated into our City of Diamond Bar project work experience. IDS is teaming with Hushman Associates, Inc., geotechnical engineers, to ensure that the provided geotechnical report and recommendations are correctly incorporated into the design provided to the City. • Our in-house E/A project team brings recent completed work experience for street rehabilitation projects that include, but not limited to, assessments, pre-design, engineering design services, and cost estimates. • Mr. Adrian Anderson, Associate Principal for the IDS Civil Engineering Division, will be the main point of contact for the City. Any questions pertaining to our submittal can be directed to Adrian at 949.387.8500 Ext. 509 or via email, [email protected]. Mr. Said Hilmy, PhD, PE, SE, LEED AP, Principal of IDS Group, hereby acknowledges that he will be the contract administrator for this submittal and will negotiate and contractually bind the firm regarding matters about this submittal.
IDS looks forward to continuing its relationship with the City of Diamond Bar with its quality technical expertise and design solutions.
Sincerely,
IDS Group
Adrian Anderson, PE Said Hilmy, PhD, PE, SE, LEED AP
Associate Principal, Civil / Project Manager Principal In Charge/Contract Administrator 3 CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
ORGANIZATION CHART
Said Hilmy, PhD, PE, SE, LEED AP
Principal in Charge /
Contract Administrator
Adrian Anderson, PE
Project Manager
CIVIL ENGINEERING TEAM
Paul Murray, PE
Senior Civil Engineer
Jason Wetterich, PE
Civil Engineer
Narith Lao, PE, PLS, QSD
Senior Land Surveyor
Jaime Rosenbach, PE, SE
Structural Engineer
Kristen Gros, ASLA, LEED AP ND
Senior Landscape Architect
Faisal Dahkil
Senior Cost Estimator
SUBCONSULTANTS
Hushmand Associates, Inc.
Geotechnical Engineering
C-Below Subsurface Imaging
Utilities Locating
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Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
PROJECT UNDERSTANDING
The Diamond Bar Boulevard Damage Repair at Mapache Drive project includes preparing construction documents for slope stabilization repair along Diamond Bar Boulevard in the vicinity of Mapache Drive. Excluded from scope is the potential slope remediation located on private property, which includes the approximately 1.5:1 slope up to the City street and the HOA’s CMU block wall at the back of walk. The project area is defined within the geotechnical report previously prepared by Ninyo & Moore on March 8, 2024. The project will include civil and structural engineering design, land surveying, landscape architecture, and geotechnical engineering review services to support the roadway corridor slope stability enhancements along 70’ of Diamond Bar Boulevard in the vicinity of 21221 Mapache Drive.
PROJECT APPROACH
IDS’ approach to slope stabilization and necessary street and sidewalk improvements will be to focus on working in close collaboration with the City with the following approach in mind:
• Kick-off Meeting: Attend kick-off meeting with City stakeholders to determine project parameters, additional considerations, City needs and project goals (beyond stabilizing the slope), request existing documentation for review, and a site visit to understand the scope and scale of the project, and understand the vicinity existing conditions.
• Surveying: Prepare a topographic survey of the site including Diamond Bar Boulevard roadway from the block wall face to the raised median in the project vicinity. Survey excludes Mapache Drive and the slope on private property;
• Design: Design the slope stability system of piles so that the roadway users and private property owner will be protected from potential slope failure based on recommendations within the Ninyo & Moore report. Design of street sidewalk, curb and gutter, pavement and base, and existing landscape/irrigation will be performed to mitigate construction impacts;
• Geotechnical: As geotechnical slope stability challenges are the primary focus for the project, we are including Hushmand Associates, Inc. geotechnical engineers on our team to provide a high-level peer review of the
PROJECT UNDERSTANDING
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Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
existing soils report and provide any additional feedback during design as well as provide added reassurance for the City that our team is working diligently to determine the proper path forward to meet the City’s overall goals;
• Utilities: Provide design that protects existing utilities in place to the extent feasible. Nearby overhead electrical utility lines are assumed to be protected in place, and handling other utilities will be determined based on asbuilt records and utility coordination requests for facility maps. It is assumed the contractor will provide GPR or other underground utility location tools and potholing prior to conducting soil pile construction. We are excluding underground utility locating at this time, but can retain our subconsultant, C-Below as needed upon as-builts review for an additional T&M fee;
• Easement Documents (Optional): If required, this optional task will include preparation of easement documents for construction access and maintenance easements for any proposed public improvements within the private property. It is assumed that existing walls, slopes, and utilities are within public right of way or within existing easements. This will require that additional survey identify existing easements and project right of way based on available record data and title reports (title reports are assumed to be provided by the City); • Bidding: Provide the City with design services support during the bid process, answer RFCs and clarify bid documents as-needed;
• Construction Administration: IDS will provide support during the construction phase for responding to contractor inquiries, RFIs, submittals, attend up to four virtual coordination meetings, and include limited visits to the site should the design or site conditions require further field clarification; and • As-Builts: Provide the City with as-built drawings to record the contractor’s field updates to the intended design drawings for future reference.
SCOPE OF WORK
TASK 1: Project Administration & Coordination
Task 1.1 Project Coordination: Includes management of the project team, coordination with the City and stakeholders, and general project management tasks. This task also assumes a monthly virtual coordination meeting as-needed for PM coordination and correspondence, and a kick-off meeting followed by a site visit.
TASK 2: Research
Task 2.1 Record Research and Utility Coordination: Includes requesting and reviewing utility maps, record drawings/as-builts, and other documents related to the development of the project and understanding of the historical and existing conditions.
Utility coordination includes research of Underground Service Alert (USA) database to determine what utility providers are in the project vicinity. Requests will be made for facility maps of each provider in the database. A log will be maintained to document responses and non-responses alike. Non-responsive utilities will be provided secondary notices. The facility maps will be incorporated into the utility base map files, which will themselves be compiled based on available as-built drawings and any at-grade appurtenances recorded by topographical surveying.
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Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
TASK 3: Topographic Survey and Construction Documents
Task 3.1: Topographic Survey and Base Sheet Preparation: Includes preparing base sheets for the project design as well as the following elements by our survey team:
a. SURVEY CONTROL: Horizontal and vertical survey control will be established using existing centerline monuments, benchmarks, and utilizing the City of Diamond Bar vertical datum (NGVD 29) and the State Plane Coordinate System NAD 1983, Zone VI in US Feet. b. TOPOGRAPHIC SURVEY: Surface features will include full topo detail from face of block wall (at top of slope) to the raised median at 20’ intervals (project length assumed as approximately 100’) including crown of street within project limits, centerline monuments, centerline ties, asphalt, concrete, edge of gutter, flowline, top of curb, front of walk, back of walk, fences, walls, gates, trees, paint striping, surface utilities, manholes and any other prominent surface features for the purposes of Civil and Structural Design.
The survey will apply predominantly to the travel way and sidewalk adjacent to the work area, including the block wall at the top of slope. The opposing side of the street is separated by a raised median and is excluded from the project scope.
c. RECORD BOUNDARY: The Right-of-way will be established from the Record Maps, utilizing the found centerline monuments and ties. Record Right-of-Way is preliminary. It is assumed that the City will provide title reports for work within private property, and applicable easements will be mapped from said title reports.
Task 3.2: 60% Construction Documents (CDs): Preparation of 60% plans, specifications, and cost estimates.
Street design includes design for roadway repair of damaged street improvements as required for the geotechnical remedial repairs. This includes any signing and striping, curb and gutter, sidewalk, and asphalt roadway and base course replacements, and adjustment of existing utilities to finished grade.
Structural design includes detailing of a “pile- supported retaining system” as described and recommended in the Geotechnical Report, consisting of a row of cast in drilled hole (CIDH) reinforced concrete piles along the outer edge of the sidewalk at the top of the descending slope with reinforced concrete grade beams as required. Re-design and detailing of the sidewalk to match the current configuration are included. It must be pointed out that this structural repair methodology will not mitigate problems, if any, on the adjacent private property.
Continuous coordination with other the City and design team, as required, to ensure that all requirements and parameters in the Geotechnical report are met and complied with and any deviations are accounted for in the design.
Provide a complete set of Structural CDs and a complete set of Structural Calculations to support the CDs for submittal to the reviewing agency, and preparation of plan check correction responses as required to obtain a building permit.
Landscaping and Irrigation design is limited to replacement planting and irrigation for damage to same during construction within the project limits. Includes preparation of landscape and irrigation layout plans and details. Assumes irrigation water is existing within the project limits. 23 CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
Task 3.3: 90% CDs: Includes updates of 60% plans, specifications, and cost estimates deliverables based on City comments and progress submittal updates. It is assumed that at this phase of project development there will be no significant design changes.
Task 3.4: 100% CDs: Includes updates of 90% plans, specifications, and cost estimates deliverables based on City comments and progress submittal updates.
Task 3.5: Plan Check: Includes updates of 100% plans and specifications based on City plan check comments in preparation, as required, to obtain a building permit. It is anticipated that there would be up to two plan check review cycles.
TASK 4: Additional Geotechnical Support
Task 4.1 IDS is teaming with Hushmand Associates, Inc. to provide geotechnical support and additional review of the existing soils report and recommendations prepared by Ninyo & Moore. This is a not to exceed amount for support of the IDS design team and provides the City with an additional layer of expert geotechnical review in consideration of the primary project objective to stabilize the slope along the edge of the roadway. It is understood that any further geotechnical work by the geotechnical consultant of record may be authorized at the City’s discretion pending review and recommendations, if any, by the IDS team.
TASK 5: Bid Support
Task 5.1 IDS will assist the City during the bidding process by preparing responses to bidder RFCs, questions, and providing updates to the CDs for any errors or omissions. IDS will also assist the City with any bid addenda.
TASK 6: Construction Support
Task 6.1 Construction Support: Includes responses to contractor RFIs and submittals, and assist the City in the evaluation of Change Order requests. Includes limited field meetings to review conditions that require additional site clarification. Any design changes during construction may be subject to additional services request provided that the design change is not related to engineer error or omission.
TASK 7: As-Built Plans
Task 7.1 Prepare Record Drawings & Closeout: Includes preparation of as-built / record drawing plans based on contractor’s redlines and site walk punch list. Also includes project closeout, providing requested project records and data (native and PDF formats) via DropBox or thumb drive.
TASK 8: Easement Documents (Optional)
Task 8.1 Prepare Easement Documents (Optional): Includes optional task preparation of easement documents should any design elements be constructed on private property and are not within an existing easement thereon. Easements may be required for temporary construction access, grading, maintenance, proposed wall footings, etc. Corrective easements for existing conditions (such as utility easements, etc.) are not included in the scope of services. It is the intent of this task to provide easements for revised project site improvements on private property located at 21221 Mpache Dr. 24 CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
DELIVERABLES
The IDS team will address project concerns to the City’s satisfaction so that the project’s goals and objectives are met.
IDS will design and document the project to meet local and state design requirements. Plans, specifications and cost estimates submittals at 60%, 90%, and 100% will provide for adequate quality review time and agency review time including City plan check.
Schedule: The contract schedule will meet the city’s expectations for the design contract. The RFP Contract Term, Section I, mentions design contract dates from September 27, 2023, through March 31, 2024. This would allow approximately four (4) to five (5) months to progress through the 60%, 90%, and 100% milestones and allow approximately six (6) months for the City to bid and award the construction contract. IDS accepts this project schedule including the 2-week durations for City reviews. It is assumed that a formal plan check will occur at 90% design and may take more than 2 weeks.
ASSUMPTIONS AND EXCLUSIONS
Environmental Clearance Documents and Reports assumed as not required and are excluded from scope. • Water Quality is not assumed as a project requirements and is excluded from scope for low impact development (LID) design.
• Excludes topographic survey of private property slope and design for slope erosion control and grading of same.
• Excludes design for demolition and reconstruction of the block wall at the top of slope. • Hydrology/Hydraulic Analyses and Modeling and storm drain infrastructure design is excluded. • See also assumptions and exclusions in above scope of services tasks. 25 CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
SCHEDULE
CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive
FEE PROPOSAL
Diamond Bar Slope Stabilization
5/14/2025 (Rev 5/21/2025)
Staff Allocations per Discipline:
Role/Classifications: Hours Fees Senior Land
Arch Designer Assoc.
Principal
Senior
Eng
Proj.
Eng BIM Assoc. Principal
Senior
Assoc Senior Eng Designer Senior
Surveyor
Designer
(Survey)
2-Man Survey
Crew
Senior Cost
Est.
Cost
Est.
Hushmand Associates,
Inc.
Hourly Rate: $ 196 $ 140 Hrs Fees $ 233 $ 196 $ 175 $ 147 Hrs Fees $ 225 $ 200 $ 190 $ 160 $ 200 $ 160 $ 310 Hrs Fees $ 175 $ 170 Hrs Fees (NTE) Task 1.0 - Project Administration & Coordination 38 $9,762 Kick-Off Meeting (1) 6 $1,944 0 $0 4 4 $784 2 4 6 $1,160 0 $0 Field Visit (1) 8 $3,088 0 $0 8 8 $1,568 8 8 $1,520 0 $0 Project Administration, Monthly meeting 24 $4,730 0 $0 0 $0 2 10 12 24 $4,730 0 $0 Task 2.0 - Research 29 $4,942
Utility notifications, as-built review, record data review 25 $4,160 0 $0 4 4 $784 1 4 20 25 $4,160 0 $0 Geotechnical Report review 4 $782 0 $0 2 2 $392 1 1 2 $390 0 $0 Task 3.0 - Topographic Survey and Construction
Documents
481 $82,376
Conduct Topographic Survey of Public and Private R/W 34 $7,040 0 $0 0 $0 2 8 16 8 34 $7,040 0 $0 60% CDs (Plans, Specifications, Cost Estimates) 212 $35,572 4 10 14 $2,184 2 8 36 32 78 $13,038 2 8 20 80 110 $18,650 10 10 $1,700 90% CDs (Plans, Specifications, Cost Estimates) 128 $21,484 4 8 12 $1,904 2 6 20 24 52 $8,670 2 4 10 40 56 $9,550 8 8 $1,360 100% CDs (Plans, Specifications, Cost Estimates) 69 $11,779 2 4 6 $952 2 4 16 16 38 $6,402 1 4 6 12 23 $4,085 2 2 $340 Plan Check 38 $6,501 1 2 3 $476 2 8 4 14 $2,380 1 2 4 12 19 $3,305 2 2 $340 Task 4.0 - Additional Geotechnical Support 4 $4,792
Additional Geotechical Support (Not-to-Exceed) 4 $4,792 0 $0 2 2 $392 2 2 $400 0 $0 $ 4,000 Task 5.0 - Bid Support 20 $3,664
Respond to bidder RFCs, updates to CDs for
errors/omissions (excludes design changes during bid) 20 $3,664 0 $0 4 4 8 $1,484 2 6 4 12 $2,180 0 $0 Task 6.0 - Construction Support 65 $11,721
RFI and Submittal Reviews, Coordination Meetings (up to 4), updates to CDs (excludes design changes during
construction)
65 $11,721 0 $0 2 12 20 4 38 $6,906 1 4 8 12 25 $4,465 2 2 $350 Task 7.0 - As-Built Plans 0 $4,527
As-Built Plans 28 $4,527 1 3 4 $616 5 8 13 $2,051 1 2 8 11 $1,860 0 $0 TOTAL - Hours 637 12 27 39 8 56 109 88 261 9 43 85 188 8 16 8 357 2 22 24 Total Fees $122,568 $6,132 $44,851 $63,495 $4,090 $4,000 Grand Total $122,568
Task 8.0 - Easement Documents (Optional)
Prepare Easement Documents for wall and TCE during
construction 0 $0 0 $0 0 $0 0 $0 0 $0
0 $0 0 $0 0 $0 0 $0 0 $0
Optional Tasks Total $50,000
FEE SCHEDULE
Subconsultant TOTAL Landscape Arch Structural
Subtotal Subtotal
Civil/Survey Estimation
Subtotal Subtotal
5/21/2025 1